Legal Ramifications of a Private Lease Scheme Property Sale by Malaysian Developers

This paper aims to evaluate the legal ramifications of a private lease scheme to the purchasers. Instead of transferring ownership of the property, the developer transfers a 99-year-old lease in a PLS. Upon expiry the lease, the purchasers are obliged to pay a price in return for the renewal of the lease or the property shall be reverted to the registered proprietor. Consequently, the purchasers were misled to believe that in return of the full payment, they will be transferred with ownership of the property. In the existing legal framework, the developers must transfer ownership of property to the purchasers. Keywords: Private Lease Scheme; Developer; Cetificate of lease; Misrepresentation eISSN 2514-7528 ©2022. The authors. Published for AMER and cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under the responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers) and cE-Bs (Centre for Environment-Behaviour Studies), College of Built Environment, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/jabs.v7i21.406