“Did the Developer breach the Sale and Purchase Agreement by allocating a car park to the Purchaser in a different Block from the Block the Purchaser had purchased the Unit”
CASE:
BRIEF FACTS:
- Utuh Sejagat is the Developer of a condominium known as BSP 21 Bandar Saujana Putra.
- Valerie [the Plaintiff] initially reserved Unit D-13A-09 on 16 January 2015.
- However, Ms. Valerie later wanted to cancel reservation because she had a knee problem which made walking difficult.
- A sales agent of Utuh Sejagat assured Ms. Valerie that all buyers will be allocated a car park bay which will be located on the same floor or level corresponding to the unit which will be purchased.
- Relying on the assurance of the sales agent, Ms. Valerie proceeded with the purchase but of a different Unit.
- Valerie changed units from D-13A-09 to B-3A-06, and signed the Sales and Purchase Agreement (SPA) for RM 277,900.00.
- When the Unit was delivered to Ms. Valerie she had to sign an acceptance letter in respect of the designated car park.
- Valerie later discovered that the parking bay allocated to her was far and situated in Block C while her unit was in Block B.
- Valerie claimed that this distance escalated her knee pain and caused suffering in her daily life.
- Valerie then sued the Developer and asked for Court Order that she be allocated a car park in Block B.
THE DECISION OF THE SESSIONS COURT (SC)
- The Sessions Court Judge held that the 1st Schedule of the SPA showed that car park should be located in Block B.
- The Court found that the Developer had breached the SPA by allocating Ms. Valerie a car park in Block C.
- Specific performance was ordered, requiring the Developer to reallocate Ms. Valerie’s car park to Block B.
- The Developer not being happy appealed to the High Court.
DECISION OF THE HIGH COURT – APPEAL DISMISSED!
- The High Court held that the car park was an Accessory Parcel to the unit purchase.
- The High Court further held that the Accessory Parcel Plan had clearly identified that the car park lots are to be specifically located in the designated levels shared by both Block A and Block B respectively.
- Therefore, the High Court maintained the decision of the Sessions Court and ordered that Ms. Valerie be given a car park in Block B.
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