“HIDDEN DEFECT BY THE DEVELOPER WHO SELLS THE HOUSE”
As the Developer, Defendant I (PT. Jondul Jaya Sakti) knows for certain that Block C/No. 16 in Kuantan Jaya, Pekanbaru, was built on green belt land and violates the river flow boundary line. This is a “hidden defect” not known by Plaintiff (Buyer). However, the Developer sold it to the buyer. This Developer’s action is an unlawful act that is detrimental to the buyer; therefore, the Sale and Purchase of the Dispute House must be cancelled. To be fair, the buyer returned the house vacant after the Developer paid Rp. 29,420,000 to the buyer. And the Land Deed Official (PPAT) Deed of Sale and Purchase of Houses and the Right to Build (HGB) Certificate of the land were declared null and void. “
→ Supreme Court Decision No. 2186 K/Pdt/1999, dated 2 January 2003.
Best regards,
Fredrik J. Pinakunary