![handle is hein.journals/iiumlj27 and id is 1 raw text is: 27 (1) 2019 IIUMLJ 1 - 33
DOI 10.31436/iiumlj.v27il.467
SPECIAL FEATURE:
SCRUTINISING THE DEVELOPERS' SALE AND PURCHASE
AGREEMENT BY THE PURCHASERS' SOLICITORS AS
REQUIRED BY SECTION 84 OF THE LEGAL PROFESSION
ACT 1976*
PART II
Baharuddeen Abu Bakar**
ABSTRACT
This article was conceived by as an object lesson on how Islamic teachings
may be incorporated into the Civil law to improve its moral contents. It
was written in memory the author's son Muhammad Zayd bin Bohorudin
(1985-2017), advocate and solicitor, and alumnus of the Ahmad Ibrahim
Kulliyyah of Laws ('AIKOL)'. It is a continuation of Part I, published in
the HUM Law Journal Vol. 26 (2) 2018.
In this part, the issue of constitutionality of the developer using the
purchaser's property to secure loan is discussed. It furthermore examines
the defects and weaknesses in the operation of several clauses in the Act to
the purchaser. Other key issues discussed are the criticism on the house
purchase loans, the purchase price and other expenses, the post-execution
* The title of the first part of the article was 'SCRUTINISING' THE DUTIES
OF A SOLICITOR TO ADVISE THE PURCHASER IN THE PURCHASE OF
A RESIDENTIAL PROPERTY AS REQUIRED BY SEC 84 OF THE LEGAL
PROFESSION ACT 1976. The author wishes to amend the title as it is a more
accurate reflection of the subject matter discussed in the article.
** LL.B (Hons) U.M; Diploma in Syariah and Practice (DSLP) and Master in
Comparative Law (MCL), IIUM: Member of the Malaysian Bar, retired
Advocate and Solicitor of the High Court of Malaya; retired Senior Fellow,
Legal Practice Dept., Ahmad Ibrahim Kulliyyah of Laws (AIKOL) IIUM and
volunteer legal adviser of the House Buyers' Association (HBA).
The author wishes to acknowledge the contributions of Mr. Chang Kim Loong,
retired Advocate and Solicitor, Hon. Sec. Gen of HBA, to and to Mr. Mohd
lllyas, Advocate and Solicitor and Mr. Abu Haniffa retired Advocate and
Solicitor, for their efforts and advice, and Mr. Mohd Shahril and other staff of
the Law Library, AIKOL for their untiring assistance in locating legal materials.
[Received: 26 July 2018, Accepted: 20 August 2018, Published: 30 June 2019]](ViewImageLocal?handle=hein.journals/iiumlj27&div=1&collection=&method=preview&ext=.png&size=3)
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