Is the Developer Continuously Delaying Vacant Possession?

Bought a Property but Still Can’t Get Vacant Possession? There May Be More Than Just Compensation — Understanding Specific Performance

Many people purchase a property not merely as an investment, but because of a specific location, floor level, view, or even feng shui considerations. But what happens if the developer or seller keeps delaying handover, refuses to deliver the keys, or simply ignores your requests?

Most buyers’ first reaction is:

“Can I sue for compensation?”

The answer is yes.

However, if what you truly want is the property itself—not merely monetary compensation—there is another powerful legal remedy available: Specific Performance.

💡 What Is Specific Performance?

Simply put, it is an order from the Court requiring the other party to fulfil their contractual obligations.

In other words:

📌 If a contract has been signed, the seller must honour the agreement and deliver the property as promised.

Because real property is unique, no two units are exactly the same in terms of location, view, orientation, floor level, or other characteristics. As a result, financial compensation alone may not always adequately compensate a buyer for the loss suffered.

In appropriate circumstances, the Court may order the seller or developer to complete the transaction and deliver the property.

Three Main Requirements for a Specific Performance Claim

📌 A Valid Sale and Purchase Agreement

There must be a valid and enforceable written Sale and Purchase Agreement, rather than a mere verbal arrangement.

📌 The Buyer Has Fulfilled His or Her Obligations

The buyer has paid the required sums or secured the necessary financing and is ready to take possession of the property, but the seller or developer has failed to perform.

📌 The Property Is Capable of Being Delivered

The property must have been completed, be fit for occupation, and remain under the control of the seller or developer.

Situations Where Specific Performance May Be Difficult to Obtain

⚠️ The Property Has Not Yet Been Completed

If the property is still under construction, there is no completed property available for delivery.

In such circumstances, the Court may be unable to compel immediate handover, and the buyer may have to pursue monetary compensation instead.

⚠️ The Property Has Already Been Sold to an Innocent Third Party

If the property has been lawfully transferred to a bona fide purchaser without notice, the Court will generally seek to protect the rights of that innocent third party.

Accordingly, the original buyer may be limited to claiming compensation against the seller.

Practical Legal Tips

📌 Compensation Is Not Your Only Remedy

In appropriate cases, a buyer may seek:

⭕ Delivery of the property; and

⭕ Compensation for losses caused by delayed delivery.

📌 Preserve All Evidence

Keep copies of:

⭕ The Sale and Purchase Agreement

⭕ Proof of payment

⭕ WhatsApp messages

⭕ Emails

⭕ Correspondence with the developer or seller

📌 Act Promptly

Do not delay.

Once the property has been transferred to another party, the matter can become significantly more complicated.

Conclusion

If you have purchased a property but have yet to receive the keys, do not focus solely on the question:

📌 “How much compensation can I claim?”

You should also ask:

📌 “Can I legally recover the very property that I originally agreed to purchase?”

In suitable circumstances, a claim for Specific Performance may be one of the most effective legal remedies available.