Reimbursement by developer for costs of purchaser in extension period
39K.—(1)  Despite any law or anything in the affected agreement, where the delivery date is extended under section 39I(1) one or more times, the developer —
(a)is only liable to the purchaser for the qualifying costs incurred by the purchaser in relation to those extensions, up to the prescribed amount; and
(b)is not liable for any other cost, expense, loss or other sum that the developer would, but for the extension or extensions, be liable to pay under any law or the affected agreement for failing to deliver possession of the unit or units in question on or before the original delivery date.
(2)  Despite any law or anything in the affected agreement, where the delivery date is extended under section 39I(3), the developer —
(a)is only liable to the purchaser for the qualifying costs incurred by the purchaser in relation to that extension, up to the prescribed amount; and
(b)is not liable for any other cost, expense, loss or other sum that the developer would, but for that extension, be liable to pay under any law or the affected agreement for failing to deliver possession of the unit or units in question on or before the delivery date as extended under section 39I(1).
(3)  The purchaser claiming reimbursement from the developer of the qualifying costs incurred by the purchaser, as permitted under subsection (1)(a) or (2)(a), must do so —
(a)in the prescribed form and manner; and
(b)within the prescribed time.
(4)  A claim mentioned in subsection (3) must be accompanied by such information or document as may be prescribed.
(5)  Where the purchaser makes a claim mentioned in subsection (3), the purchaser may, after the prescribed time —
(a)set off, against any instalment or other payment payable by the purchaser to the developer under the affected agreement, the amount that the developer must pay to the purchaser in respect of the claim (to the extent that the developer has not paid such amount), being —
(i)where no application mentioned in section 39L(1)(b) is made in respect of the claim within the prescribed time mentioned in section 39N(1) — the amount claimed by the purchaser;
(ii)where an assessor makes a determination on an application mentioned in section 39L(1)(b) for the amount of reimbursement that the purchaser is entitled to claim from the developer under this section — the amount so determined by the assessor; or
(iii)where the purchaser and developer agree on the amount of reimbursement that the developer will pay the purchaser — the amount so agreed between the purchaser and developer; and
(b)take any action to recover from the developer, as a debt due to the purchaser, the amount in paragraph (a) that the developer must pay to the purchaser (to the extent that the developer has not paid that amount, and less any set-off effected by the purchaser under that paragraph).
(6)  Section 39J does not apply to the taking of any action under subsection (5), in relation to a claim by a purchaser pursuant to subsection (1).
(7)  For the purposes of this section —
(a)different amounts may be prescribed for subsections (1)(a) and (2)(a) for different extensions of the delivery date under section 39I(1) or (3);
(b)different forms and manners and different times may be prescribed in subsection (3) for different claims;
(c)different information and documents may be prescribed in subsection (4) for different claims; and
(d)different times may be prescribed in subsection (5) for different circumstances under which a set-off may be effected or an action to recover an amount may be taken.
[Act 9 of 2021 wef 01/07/2021]