First experience in selling house

In 1992 when I was still working in Penang, I decided to sell the compact design house in Taman Melawati in KL through a real estate agent. The agent finally got a buyer offering a price of RM118,000. The buyer paid up the 2% earnest money to the agent who informed me that the money would be kept by them as part payment of the agent commission. The buyer later paid up the balance of the 10% down payment and in the mean time applying for housing loan to settle the balance of the purchase price. I engaged a lawyer in Penang to handle the S&P agreement for me and the buyer had her own lawyer. Later I learned that the buyer was working as a clerk in a legal firm.


One day, while waiting for the buyer to obtain the housing loan, I received a notice from the buyer stating that she wanted the return of her 10% down payment back because my agent had given a misrepresentation of facts to her regarding the house. I called her up to find out more details. She was complaining that there were cracks on the walls of the house. I told her that all these cracks were not structural cracks and they were there all these while and she should notice them before decided to purchase the house. She claimed she just accepted what the agent told her about the condition of the house and she did not make any inspection of the house. I did not believe her story because she was staying in the same area and her house was just about 200m away. However I was still prepared to agree to call off the deal provided she agreed to accept that I should not be responsible for the costs of my lawyer's fee and the 2 % earnest money still in the custody of the agent as it was not my fault that she did not inspect the house which I did not believe. But she insisted to get back the 10% down payment in full. My lawyer advised me to settle with her. I did not mind to loose few thousands dollars but I could not swallow feeling being cheated or bullied. Being a clerk in legal firm she knew most people would prefer to avoid going to court as it would incur further legal fees and the outcome of the case would still be unknown. After that meeting with the buyer no further action was taken by the buyer for a few years and I thought she had given up trying. Then one day in 1996 the buyer took the case to the session court in KL and I was prepared for the long drawn battle in court with her. It was going to be costly and inconvenient for me as I was serving in Kuantan , Pahang at that time.

I engaged the lawyer in KL to defend me. The first hearing for the case was called and it was my first experience in court. I went to the court house one hour early waiting for my lawyer who did not appear as he had a punctured tyre according to him. He did not attempt to contact me to advise me what to do and I failed to appear in front of the judge that day, although I was in the court premise. I could have just lost my case for that and later I learned that the other party's lawyer was covering up for my lawyer to request for a postponement of the hearing.

Without any explanation my first lawyer recommended me to another lawyer and I was more than happy to change the lawyer after the earlier experience with him. This new lawyer always wore a pair of black gloves . She was friendly and ever ready to listen to my side of story. She always tried to make me feel comfortable to exchange opinion with her on the case. Every time before appearing in court, she always reminded me to pray to God and to address the magistrate "Your Honor". At first I felt very funny but later I got her message that judges were after all human being and their judgement could be influenced by impression and not totally objective.

The case took three to four sessions of hearing including one which was postponed after a long wait in court that morning only to be told later that the magistrate had a toothache. It was rather lucky for me the case took less than a year to close. One important tip that my lawyer did not inform me was that the magistrate needed to take down all the words said in court by both parties. I had to give my evidence in the way of dictation to the magistrate allowing him time to jolt down notes. Luckily  I had written down what I wanted to say in court the day before and I could occasionally refer to my notes otherwise my line of thought would not be that smooth and clear. My lawyer's approach was to show that the cracks were not a serious problem and the focus of our argument to the case was very technical which my lawyer depended solely on me . I had failed to convince her one non technical evidence which I felt might be useful for our case. At last during the last session of the hearing upon my insistence my lawyer agreed to produce this piece of information which was the receipt issued by the real estate agent to the buyer acknowledging receiving of 2% earnest money in custody for the purchase of the house.

Finally the verdict of the case was delivered and the judge ruled that the real estate agent had acted as the agent of the buyer as well therefore there was no ground on misrepresentation of fact as claimed by the buyer. The buyer lost the case with cost but I had no heart to claim the cost from her as the 10% down payment was just enough to cover the cost incurred by me. I had no heart to make money out of her misery. Furhtermore the price of the house by then had risen and two years later I managed to sell off the house without doing any touching up for a price of Rm 180,000 to an enterprising malay guy who manged to get my contact through land office , spent a little bit effort and money to touch up the house and sold it off at Rm240,000.

My colleagues knew about the case, one of them told me that he had to pay compensation over and above the 10% downpayment to the buyer and the late Dr Hiew always admired me for taking the trouble to settle the case in court. I still feel that the first preference is to settle the issue without going to court provided it is on an agreeable principle as it is costly as well as time consuming and energy sapping for taking the case to court and I do not enjoy seeing people loosing.

125 sue Government over floods

Today's (14 March 2009) Star paper reported that a total of 125 flash-flood victims in Taman Mutiara in Senai have filed for damages totaling RM 2.79 million against a construction company, a municipal council and the Government. This reminds me of a flood incident in 1995.

One day in 1995 I received a call from home in Penang informing me that my mum , already 70 , woke up and came down from upstairs around 6 o'clock in the morning and as she stepped down from the last step, not knowing that the house was flooded due to the heavy rain in the early morning, she immediately slipped and fell down. Thank God my mum was physically still strong and she did not suffer any injury.

My house had never been flooded since we moved in this neighbourhood in 1964 and the area had already been developed. Therefore no significant change of landuse that could have caused the flood to occur. I decided to make a trip home to investigate the drainage system. I walked along the drain starting from my mum's house going downstream. As I walked I looked out for any visible blockage of the drain. When I reached the outlet of the drain near the sea, to my horror a concrete wall was constructed across the drain. There was a multi-storey building under construction just beside the drain at this location. I got the culprit of the flood. I called up the engineer in charge in the penang municipal council . We knew each other when I was serving in Penang from 1986 to 1993. After some exchange of opinion regarding the matter, he explained that the developer wanted to construct a temporary wall to prevent his work being affected by high tide. We both knew that this wall had caused the backup of flow in the drain causing the flood in the upstream area and this was also not the way to solve the problem facing by this developer. Without offering any excuses, the council engineer assured me that he would instruct the developer to remove the concrete wall immediately.

The irresponsible,indifferent and sometimes ignorant, attitude of the parties concerned in the construction industry in this country have very often caused some of the floods that have occurred so frequently. It is high time the flood victims know their rights and with the expertise of lawyer and the drainage /flood mitigation engineer, the relevant parties shall be taken to task. Hopefully this will bring about the change in all parties involved in the construction industry to be more responsible and caring.

We Are A Big Family

Recently the Sultan of Perlis had expressed unhappiness that there are still some people trying to use the racial line to split the people. To me I have always believed that we are all a big family. In the family, we would help and protect our brothers and sisters who need help and we would not try to split the family. However we would not pamper our brothers and sisters lest they become too dependent and worse still start to take things for granted and capitalize on others kindness.

I have always held on to the belief that we should not be racial in our outlook. In 1980, when I was promoted to act on the senior engineer's post ( Superscale"G"), Hj Hosni was working with me as senior time scale engineer. In one of the pep talk session to motivate him, I told him frankly that one day towards the end of our career in JPS, I would expect that he would bypass me and become my boss but for the time being he should listen to me to learn and be ready for his future promotion. In the end Hj Hosni really overtook me to become Deputy Director General and another of my junior (joining service later than me) got the promotion to JUSA C post earlier than me although I was at that time the only one managed to pass the PTK 6 (highest level of competency test in government service) . In addition to that I almost missed my confirmation to the JUSA C post but finally got it a few months after my obligatory retirement. I believe there are a few fair minded fellow brothers in the civil service who have bravely spoken out for me. These personal bitter experience of mine did not distract me from the belief that we should not be racial in our outlook but to extend our helping hands to our fellow brothers and sisters irrespective of race. Malaysia would have a very bright future if we reject racial outlook.

When our fellow brothers need help I would be willingly extend my helping hands even though they may overtake me. But when enough has been done and I see that our fellow brothers have grown up strongly and confidently to face the challenge of the world , any further help extended or expected is a case of taking thing for granted or trying to take advantage of the kindness of others. I would disapprove of such attitude from our fellow brothers. Indeed now there is another group of fellow brothers in our big family who have been neglected and being pushed to the corner Now they have no choice but to demonstrate their frustration and despair through rally and ended some of them detained under ISA. If nothing is done to help them greater havoc may be resulted to this big family to nobody's advantage . Now I would expect that the fellow brothers who have earlier received gracious help from their fellow brothers and are able to stand on their own feet should now join hands to graciously bring up this new group of fellow brothers who are waiting in despair for our help. Although there is still reluctance and resistance from some of this group of successful fellow brothers to extend their gracious helping hand to this new group of deprived fellow brothers, I strongly believe that one day in the not too far future , for the sake of this big family, this group of fellow brothers who have succeeded would come to their senses and step forward to extend their helpful hand and at the same time confidently and proudly reject the helping hand which they do not really need it now.

The future for this big family would be bright only if everyone in this family does not harbour on racial line, not greedy and sincerely wants to see that everyone in this big family is strong, confident and successful. Our challenge is not from within but from the world outside Malaysia but first we have to be united , care and love our fellow brothers and sisters irrespective of race, religion and class.

Are people becoming more cruel?

Phuah sent me an email the other day with the message: "Are people becoming more cruel?"

One week ago, my younger brother, cheong, in Penang was confronted by two robbers as he was walking back from his office to his apartment about 200 meters away. As the robbers got near him, they suddenly pushed him causing him to fall flat on the ground. He was lucky that his head did not hit any sharp or hard object. There were many instances reported in newspapers that the victims of snatch thieves went into coma when they hit their head on falling down and died. While lying flat on his back one of the robber held his legs and the other searched his shirt pocket. Fortunate for him at that moment, the two robbers spotted a police patrol car coming. They had no time to search his back pocket for the wallet. Before running off, the two robbers pushed him down the 2 meter deep drain just beside him. It was fortunate that the drain was not full and my brother managed to hold on to the handrail and landed in the drain with the feet first. He escaped with only some bruises and lacerated wound.

I'd two encounters with robbers many years back. The first incident happened in 1975. As I was walking along a deserted side lane in Paramount Garden to get my motorbike, two young men caught up with me from behind and demanded some money. I was taken a back but still managed to mutter in faint voice asking them how much they wanted. They demanded RM 30. I immediately realised that I'd more than that in my wallet and if they saw all the money I had in my wallet they might grabbed all of it. What should I do? Run or gave in? Realising that I could neither fought back or out run them, I decided to hand over the money to them but pondered how I could pull out my money so as not to alert them that there were more than RM 30 in my wallet. I took out my wallet and slowly and carefully pulled out RM30 so that the rest of them in the wallet was not exposed.The two young man just took the RM 30 and quickly ran away to join a third accomplice waiting in front. It never occurred to me there was this third accomplice. I just realized then that this third accomplice was there to watch out for police and also to block me in case I tried to run off. It could be said that these three young men were more scared than me and were in a hurry to leave the scene.

The second encounter happened about five years later in 1980. When I walked out from the cinema in Chow Kit KL and made a phone call at the phone booth in front of the cinema, suddenly a youth blocked me from coming out of the booth and warned me not to do anything foolish because he had a knife tucked at his waist. Not realizing the danger, I just instinctively wanted to confirm he had a knife as claimed and without hesitation I just stretched my hand to touch his waist and felt a handle-like hard object. I chose to believe he really had a knife. I surrendered all the cash I had, not much just about Rm50. ( Dato Liew Chook San,one of my close friend and colleague, used to laugh at me how could I felt comfortable to carry such small amount of money in the pocket. He was right as I was embarrassed in a few occasions for running short of money.) The young boy was not satisfied and demanded for the gold ring on my hand, which cost around Rm80 at that time. I decided to try my luck and told him that I could not hand over this ring to him because it had sentimental value as it was my wedding ring. To my surprise he just nodded his head with approval without hesitation.

Whenever I narrated these two personal experiences of mine to my friends, without fail all of them found it very amusing and unbelievable. According to the police to whom I made the report, these robbers were drug addicts. I suspect the robbers who preyed on my brother were also under the influence of drugs or pills. But why the behavior of the robbers today and robbers then are so different. Could it be due to the effect of pills and drugs these days which are much stronger than the drug of yesterday ?