In a Dispute With Your Developer, Can You Smash the Unit or Post a Video? A RM300,000 Ruling on What Buyers Can and Cannot Do
No. In Malaysia, a buyer who smashes property or posts a video accusing a developer by name can end up being the one sued. In October 2026 a Kuala Lumpur court ordered a man who took a sledgehammer to a unit at Tropicana KLCC and spread the video online to pay the developer RM300,000 in general and aggravated damages, plus RM50,000 in costs, with 5% annual interest from the day the suit was filed in July 2019. The judge found he had come prepared with a sledgehammer, helmet, gloves and goggles, so it was planned, and rejected his free-speech defence.
If your home has defects or the developer will not act, the legal route is: report defects in writing during the 24-month defect liability period after handover, and the developer must repair within 30 days; if not, go to the Tribunal for Homebuyer Claims (claims up to RM50,000, RM10 filing fee, no lawyer needed). Sharing facts online is fine if you can back them up; name-calling is not.
How did a sledgehammer turn into a RM300,000 defamation case?
According to Oriental Daily on 16 October 2026, the defendant, Chen Songquan (as transliterated), was handling a buyer's dispute with the developer but skipped the formal channels. He walked into a Tropicana KLCC unit with a sledgehammer, smashed some fittings and filmed the whole thing.
The video spread across Facebook and WhatsApp, was aired on TV, appeared as screenshots in newspapers, and one YouTube copy passed 520,000 views. Comments in the video named Tropicana and its subsidiary directly. Tropicana filed a defamation suit on 11 July 2019.
| Detail | |
|---|---|
| Plaintiffs | Tropicana Corporation and its subsidiary Tropicana Residential |
| Claim | Defamation (the video and comments harmed the companies' reputation), not just property damage |
| Award | RM300,000 general and aggravated damages, RM50,000 costs |
| Interest | 5% a year from 11 July 2019, the filing date |
| Defences rejected | That the plaintiffs filmed or negligently leaked it; free speech under Article 10(1)(a) of the Federal Constitution |
| Why the court found malice | He prepared a sledgehammer, helmet, gloves and goggles, and admitted planning to smash the unit |
Do not overlook the interest. As a rough simple-interest estimate, RM300,000 at 5% a year from July 2019 to October 2026 is about RM109,000. With costs, the total is roughly RM459,000, before his own legal fees. That is our estimate from the reported figures; the court order governs.
In a developer dispute: what you can do and what you should not
| What you want to do | Allowed? | Why |
|---|---|---|
| List defects in writing after handover and give it to the developer | Yes, and you must | A dated written report with photos is the evidence for every later claim |
| Developer does not repair within 30 days; you repair and claim the cost back | Yes, after written notice | Projects under the Housing Development Act have this in the contract; keep every receipt |
| File at the Tribunal for Homebuyer Claims | Yes | Up to RM50,000, RM10 filing fee, no lawyer needed |
| Complain to the Ministry of Housing and Local Government (KPKT) | Yes | KPKT licenses developers |
| Write about your experience online with photos and dates | Yes, stick to facts | Facts you can prove, and comment clearly marked as your opinion, stand up better |
| Post a video calling the developer a "cheat" or "crook" | Do not | You would have to prove every word true; if you cannot, you can be sued for defamation |
| Smash the unit, the show unit or common facilities | Never | Besides defamation, damaging property not in your name can be criminal mischief under the Penal Code |
| Stop paying the housing loan to pressure the developer | Do not | You owe the bank, not the developer; you will be chased and your credit record hurt |
Something is wrong with your home: the right route, step by step
- Inspect as soon as you get the keys. Finish within 7 to 14 days, photograph and locate each defect, give the list to the developer in writing and keep a copy. How to inspect: handover and defect liability.
- Wait 30 days. The developer has 30 days from your report to repair. If nothing happens, send a second written notice saying you will repair it yourself and claim the cost.
- Confirm you are protected. Check whether your sale and purchase agreement (SPA) is Schedule G or H. Serviced apartments sold for living have been covered since 2007; units sold as SOHO or SOVO offices usually are not. See the HDA (Act 118) for buyers.
- Go to the tribunal. For claims up to RM50,000, file at the Tribunal for Homebuyer Claims, generally within 12 months of the completion certificate or the end of the defect liability period. Do not wait.
- Common-area problems go to management. Lifts, pool and facade belong to the management body (JMB or MC); if that fails, the Strata Management Tribunal. See JMB and MC owners' guide.
- Big or complicated? Get a lawyer. Above RM50,000, or anything involving terminating the contract, goes to court, not the tribunal.
Our view: the anger is understandable, but evidence beats a sledgehammer
Buyers are often angry for good reason: late handover, many defects, a customer service line that does not answer. But in this case the court did not rule on whether anyone's home was good or bad. It ruled on one thing: whether what was said in public could be backed up. The moment the hammer came down, the buyer side went from "in the right" to "defendant".
Our advice is simple: every defect report in writing, dated, with photos; when 30 days pass, follow the process; if you speak up, state facts, not labels. The tribunal filing fee is RM10, which is a great deal cheaper than RM459,000.
Frequently asked questions
Was this case about property damage or defamation?
Defamation. The developer sued over the video and comments that named it publicly and harmed its reputation. The report does not mention any separate criminal or property-damage case.
Can I be sued for a bad online review?
Facts you experienced and can prove, or comment clearly marked as your opinion, carry less risk. Stating an unproven accusation as fact, such as "this developer cheats buyers", can get you sued for defamation.
Do I need a lawyer for the Tribunal for Homebuyer Claims?
No. The filing fee is RM10, the claim limit is RM50,000, and buyers can appear on their own.
How long is the defect liability period? Can I ask for repairs after it ends?
For new homes under the Housing Development Act, 24 months from handover. After that the developer has no legal duty to repair free of charge, so inspect and report early.
I bought a serviced apartment. Am I protected?
A serviced apartment sold for living is covered by the Housing Development Act if the contract is Schedule H. Units sold as SOHO, SOVO or offices are usually outside the Act, so the contract terms decide.
Case facts are from Oriental Daily's report of 16 October 2026 (Tropicana Corporation and subsidiary v Chen Songquan, name as transliterated in the report). We have not seen the written judgment, and the report does not describe the original dispute or say whether there will be an appeal. The interest total is our rough calculation from the reported figures. Tribunal and defect-period rules are as of October 2026. This is general information, not legal advice; for an actual dispute, speak to a lawyer first.
Send us the project name and the problem. We will help you work out which letter to write next, who to contact and what evidence to keep.