These rental yields are calculated by identifying average daily rates in comparable real estate, incorporating into the development offer the different high and low tourist seasons, associated with typical occupancy figures and the expected king. What are “guaranteed rent refunds”? A guaranteed rental yield, better known as GRR, is a future rental income guaranteed by the developer or management company to the real estate buyer for a contractual period after the signing of the sale contract. Simply put, it`s a car rental if you own a property. Sounds too good to be true, you might say? If supply is more than demand, developers will look for ways to avoid price declines. While RRMRs can offer attractive safe returns, in the long run it will be a bad saving if the buyer ends up paying too much for the property. A warranty is only as good as the company that supports it. Even if RRMs seem reasonable and are offered with honourable intentions, investors must be sure that the developer would be able to maintain returns should the leasing or sales market deteriorate. If developers delay payments to buyers, it is likely that these buyers would default their respective repayments, triggering a series of events with disastrous consequences. Is that legal? Are GRR systems legal? It depends on the terms of the agreement, says lawyer Richard Kok. “Generally speaking, the concept of guaranteed rental yield, that is, a developer agrees to pay a buyer for the use of its premises once completed, for a specified period of time, is not illegal.” Like any other contract, the victim can take legal action against the party in violation of certain benefits and/or damages,” he explains.
If the home buyers concerned think that the government is entering and saves them from their difficult situation, they are disappointed. Real estate advisors argue that a GRR system is essentially a contractual agreement between investors and developers, and that it is not within the jurisdiction of existing rules for real estate developers. Chang of HBA says there are hidden escape clauses in grR agreements – such as “always provided” and “subject to” – that allow developers or property management companies to terminate the contract at any time. Buyers will later discover that the warranty comes from another company, perhaps a subsidiary of the developer. “If you check, the paid-up capital of this company can only be RM2 and it means nothing. You can`t sue the developer because they only sell the product to you. If one GRR system fails, sue the other company and you don`t have a lawsuit against the developer. And if you complain, you`re wasting your legal fees, because it`s just a shell company. The worst part is when there is bankruptcy and buyers can`t get anything after wasting legal fees to sue a shell company. There is no need to complain. On the bright side, you still have a property [although] the GRR is worthless,” says Chang.
Like signing a contract, documents signed under a GRR system are ancillary contracts and are not regulated by the Ministry of Housing.