Caveat Emptor in Malaysia: Buyer Beware in Property Law

2025 0 Supreme(Ker) 1241

The court is afraid to allow the Official Liquidator to get shelter under the clause that the property was sold‘as is where is and whatever there is basis’ or under the doctrine of Caveat Emptor.” 18. ... In terms of the legal doctrine of caveat emptor, it becomes the duty of the buyer to exercise due diligence. A seller is not under an obligation to disclose patent defects of which a b....

Mahkamah Tinggi Malaya Kuala Lumpur

[17] Plaintif adalah terikat kepada doctrine 'caveat emptor' dan doctrine 'as is where is'. Pemilik terdahulu juga tidak pernah membuat aduan atau membantah kerja-kerja membina / menaiktaraf Longkang tersebut. ... Telekom Malaysia Bhd & Ors, [2022] 1 MLJ 701 keputusan Mahkamah Persekutuan seperti berikut: "[36] What is the principle of caveat emptor ? The legal maxim o....

High Court Malaya Ipoh

The doctrine of caveat emptor is generally limited to the physical condition or quality of the property and does not apply to the tenure status. ... Issue 3: Application Of Caveat Emptor [13] The plaintiffs argue that the principle of caveat emptor (buyer ... As established in Lim Poh Chuen (supra), the plaintiffs, including subsequent purchasers, have the legal standi....

High Court Malaya Ipoh

The doctrine of caveat emptor is generally limited to the physical condition or quality of the property and does not apply to the tenure status. ... Issue 3: Application Of Caveat Emptor [13] The plaintiffs argue that the principle of caveat emptor (buyer beware) in Bayangan Sepadu Sdn Bhd v. ... As established in Lim Poh Chuen (supra), the plaintiffs, including subseq....

High Court Malaya Ipoh

The doctrine of caveat emptor is generally limited to the physical condition or quality of the property and does not apply to the tenure status. ... Issue 3: Application Of Caveat Emptor [13] The plaintiffs argue that the principle of caveat emptor (buyer beware) in Bayangan Sepadu Sdn ... [14] In Bayangan Sepadu Sdn Bhd (supra), the central issue was whether the prin....

Obeyesekere also contended that the doctrine of caveat emptor applies to this case. I cannot see how that doctrine can be applied to an application under section 284 of the Civil Procedure Code. That section Sale in execution-Crown lease-Sale of leasehold in execution against lessee- No saleable interest-Eight of purchaser to set aside sale-Caveat emptor-Civil Procedure Code, s. 284. .....

Federal Court Putrajaya

Caveat Emptor [32] We now turn to the issue of caveat emptor. ... Hence the principle of caveat emptor and or "let the buyer beware" would apply to the factual matrix of this case". ... Simply put, the principle of caveat emptor can be summarised as follows- (a) "Caveat emptor" means "let the buyer beware". The rul....

2024 Supreme(Online)(DEL) 10121

The petitioner assailed the decision in the impugned Award on the doctrine of caveat emptor, on the ground that he had no specific notice of caveat emptor, as required by the judgment in Manju Bhatia5. ... Agreement at all, and that he did not have notice of application of the caveat emptor doctrine as required under Manju Bhatia3. ... The observation....

High Court Malaya Kota Bharu

Simply put, the principle of caveat emptor can be summarised as follows: [2022] 2 AMR 525 as follows: "[36] What is the principle of caveat emptor? The legal maxim of caveat emptor has been explained extensively by the majority. It is unprofitable exercise to regurgitate the same. ... the property sold; and (c) the principle of caveat emptor will not a....

2025 Supreme(Online)(Ker) 12837

The court is afraid to allow the Official Liquidator to get shelter under the clause that the property was sold‘as is where is and whatever there is basis’ or under the doctrine of Caveat Emptor.” 18. ... In terms of the legal doctrine of caveat emptor, it becomes the duty of the buyer to exercise due diligence. A seller is not under an obligation to disclose patent defects of which a b....

2020 0 Supreme(Mad) 1479

Doctrine of caveat emptor will also apply to every transfer. At any event, subsequent transfer will always be subject to the rights already created. It is for them to verify the title of the property by making reasonable enquiry. It is for the buyer or subsequent transferee to make reasonable enquiry.

2018 0 Supreme(Cal) 994

Prior to payment of the entire consideration money being the sale price of the apartment in question the purchasers i.e, the petitioners herein ought to have satisfied themselves that the seller i.e, KMDA had good title to transfer the same in their favour. The doctrine of "caveat emptor" comes to play the moment a purchaser proceeds to purchase a property. It is the duty of the buyer for making the necessary searches in the office of the land records to ascertain whether the....

2018 0 Supreme(AP) 582

The petitioners cannot purchase the Government lands from un-authorised persons and the sale deeds cannot confer any title upon them whether they are registered or un-registered. The petitioners are duty bound to verify the antecedents of title before they could enter into the sale transaction with the owners of the land. The doctrine of caveat emptor comes in the way of the petitioners claim.

2017 0 Supreme(All) 2185

The petitioner purchased the property in question by the erstwhile seller. The principle of “caveat emptor” is fully applicable. The seller was under a restraint order from the Civil Court as well as by the revenue Court.

Consumer

Doctrine of Caveat-emptor is clearly attracted to the facts of this case. In our opinion appellant cannot be permitted to feign ignorance regarding location and the nature of plot at it existed, when he gave the highest bid that was accepted at the time of auction. In these circumstances, it was for respondent No.1 to have satisfied himself about the location and the nature of the plot at the spot. In these circumstances, respondent No. 1 in no situation can be allowed to mak....