The ultimate protection for house
buyers
15/04/2003
theedgedaily.com By P Gunasegaram
Buying a house not already built, the riskiest financial move that most
people will undertake in their lifetimes, need not be as perilous if some
payment and control measures used elsewhere are adopted here.
Such a method, if implemented properly, could well free the
house buyer from the real risk of a developer failing to meet all his
obligations and making it impossible for the buyer to use his house even
after having spent thousands of ringgit in progress payments.
At present, statistics indicate that hundreds of housing
projects involving more than 50,000 house buyers and development values of
over RM15 billion have been abandoned since the Asian financial crisis in
1997.
That is a monumental waste of money and scarce
resources, resulting in hundreds of thousands of people experiencing much
lower standards of living because some unscrupulous housing developers
basically ran away with their money.
A number of suggestions, including one by this column,
have recommended the build-first-sell-later plan, which has its own set of
complications. Under this plan, developers would be required to build the
homes, complete with infrastructure and certificate of fitness, before
selling it.
While it eliminates risk to the buyer, it puts a burden
on the developer who not only has to get his projections right but has to
use his own resources or borrow substantially to undertake the project.
That means very few developers would have the stomach or the capacity to
go ahead on those terms, which may reduce the supply of houses to the
market.
Is there an alternative that will make it less onerous
for developers to build houses?
There just may be and the method is already being used
in countries such as Australia.
Under the system, house buyers will still buy from a
plan and still make progress payments based on stage of completion of the
units they have contracted to buy.
But there is an important difference. The sums will be
paid, based on satisfactory and professionally inspected approvals at each
stage of completion, into a trustee account in favour of the developer.
The monies will only be transferred to the developer
after the full completion of the project and all infrastructure and the
issue of the certificate of fitness. In the meantime, the developer takes
bridging finance or uses his own resources to fund the project.
This is a major protection from the current system where
any money advanced to the developer can be used by him any way he wants
to. Thus you have projects which are 90-per-cent complete (and 90-per-cent
paid) but the infrastructure has not been completed for the house buyer to
take possession. And the developer is nowhere to be found.
A buyer finds himself in the scary position of having
paid for a house, and having to service the loan but still no place to
stay in. His finances have been stretched to the limit and there is real
possibility of financial ruin.
Under the proposed system, if such an event occurs, the
monies are still with the trustee and the buyer has the option of getting
it back or using it to complete the project - no more abandoned projects
and no more house buyers wringing their hands in despair when the
developer disappears.
This arrangement will be more costly, yes. But it puts
enough accountability on the developer and provides a real push for him to
complete the project as soon as possible. The faster he completes it, the
faster he gets his money.
Too many developers have absconded with the hard-earned
money of house buyers, diverted progress payments into other accounts not
related to the housing development and failed to live up to their side of
the agreement. The proposed arrangement will solve all that and then some.
The current waiting period for houses is typically 24
months for landed property and 36 months for high-rise developments.
That's too long when the construction of a single house can actually be
done in a matter of months.
With the new proposals, developers would probably think
of turning their projects around faster; smaller projects in areas with
existing infrastructure perhaps instead of the gigantic township
developments with the promise of mega profits that most want to be
involved in.
For such smaller projects, financing should not pose a
real problem. Let's take a turnaround time of six months, no, let's make
it a generous year. If the units are pre-sold, developers should have no
problem getting bridging finance as they not only have property that can
be pledged but the promise of a payment stream. And the trustees can be
instructed to keep the progress payment monies in deposit-bearing
accounts, which will mitigate interest payments on bridging loans.
Thus, the eventual extra cost is likely to be closer to
half of the bridging cost or less - if the bridging cost is, say, 10 per
cent, then the cost increase may be 5.0 per cent.
Thus buyers may on average pay up to 5.0 per cent more
for properties built under these proposals, which is a small price to pay
for virtual guarantee that the final goods will be delivered or the buyer
will get his money back.
What about township development then? The proposed
system will ensure that township developers have deep pockets and/or the
ability to raise financing based on the viability of their projects and
other criteria. Which is the way it should be.
The next thing we need is for the authorities to have
the courage, the political fortitude, the moral rectitude to resist
temptation, and genuine concern for the rakyat to implement this fully and
fairly. Is that too much to hope for?
P Gunasegaram is editor-at-large at The Edge.
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