Sheltering buyers

 20/12/2003 NST

BUYING a house is a major financial commitment for any person and if his rights are not protected, this can have a grievious impact on him and his family. It is no wonder that house buyers, and the public, have welcomed the Court of Appeal's ruling that the Tribunal for Homebuyer Claims had jurisdiction to hear and decide cases where the sale and purchase agreement was entered into before Dec 1, 2002. The ruling overturns an earlier High Court decision delivered three months ago. It will put to rest the anxieties of many plaintiffs, since it reinstates all awards handed down by the tribunal to buyers of houses bought before Dec 1 last year.

House buyers have complained for years about being gypped by developers, ranging from shoddy work to late delivery. To address these complaints, the Housing Developers Act was amended to protect the interest of house buyers. The amendment was also meant to be fair to developers. While the legitimate rights of house buyers have to be protected, it has also to be recognised that there are developers who fulfil their obligations in a sale and purchase agreement. A healthy housing industry requires that all parties play their roles. Certainly, without developers taking the initiative and raising the capital for housing projects, intending buyers would be worse off.

But there must be fair dealing. House buyers who are aggrieved must have recourse to a hearing and recompense. With the ruling, the tribunal can expect more house buyers to knock on its doors.