A recent case handled by us for protection of the parcel purchasers’ right (via the JMB) to realise the benefits of a free maintenance package promised by developer to purchasers, after the developer had voluntarily wound itself up and its liquidator having entered into a PA with the third party.
Essentially the High Court agreed that the facts and circumstances as proven had led to the existence of an implied contract between the JMB and the third party resulting in the third party having stepped into the shoes of the developer and thus bound by the obligations and liabilities of the developer – here, to pay for the Free Maintenance Package sum totalling RM3.6 m as promised to the purchasers.
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