LATENT DEFECTS: NAVIGATING THE DEFECTS LIABILITY PERIOD AND LEGAL ACTION DEADLINES FOR HOMEBUYERS IN MALAYSIA

Abstract

This article provides a comprehensive understanding of latent defects in real property construction and a guide for homebuyers to navigate the defects liability period and legal action deadlines in Malaysia. Latent defects, hidden flaws that may emerge over time, pose significant risks to homebuyers. By uncovering the nature and implications of these defects, this article highlights the importance of recognising and addressing them within the defect liability period. It also explores the legal action deadlines set by the limitation legislation, emphasising the need to understand and adhere to these time limits for seeking remedies. This article serves as a valuable guide for homebuyers purchasing real properties from housing developers, ensuring they are equipped to identify and address latent defects, make effective use of the defect liability period, and initiate legal actions within the prescribed timelines.