MM2H Couple Wins RM500K Suit After RM2.66 Million Mont Kiara Condo Deemed Uninhabitable
The judge also ordered the developer to rectify the defects within six months and to issue a letter of guarantee and indemnity.
Cover image via A Singaporean-American couple hoping to settle down in Malaysia spent years in limbo after their RM2.66 million luxury condominium in Mont Kiara was deemed uninhabitable due to defects
The couple, Ho Yui Luen and Ho Shuang Li, sued developer Agile PJD Development after discovering water leaks, cracked walls, poor workmanship, and mould infestation in their unit at Agile Mont Kiara.
They had taken possession of the property in February 2021 under the Malaysia My Second Home (MM2H) programme.
Despite multiple rounds of rectification works, the couple, including their daughter, who reportedly suffered health issues due to the mould, claimed the problems persisted or recurred, forcing them to live in hotels, pay storage fees, and endure constant disruptions, reported the New Straits Times.
In his testimony, Yui Luen said the repeated defect works disrupted their lives, and his daughter often complained about "living in a storage room" due to the clutter from constantly having to move.
The developer argued that they had delivered vacant possession of the property with a Certificate of Completion and Compliance, and claimed that the defects were minor.
However, High Court (Construction) Judge Nadzarin Wok Nordin disagreed.
After a site visit, the judge ruled that the unit was uninhabitable, citing visible dampness, severe water leaks, structural cracks, and poor finishing — all of which fell short of the standards expected of a high-end condominium
"I found that the defects persisted on the day of the visit and the dampness was sufficiently visible to the naked eye. In my opinion, the defects were sufficiently serious to render the parcel uninhabitable.
"The defects especially the water leakage is, in my view, severe and significant, and demonstrate the defendant's failure to construct the parcel in a good and workmanlike manner," Nadzarin said in his ruling.
According to the judge, the developer had also breached the Sale and Purchase Agreement by failing to use good materials or carry out the work in a workmanlike manner.
The court awarded the plaintiffs over RM500,000 in damages
This includes RM189,538.15 in special damages, RM200,000 in general damages, RM100,000 in exemplary damages, and RM20,426.84 in liquidated damages, according the English daily.
The judge also ordered the developer to rectify the defects within six months and issue a letter of guarantee and indemnity.
