My Struggle to Sell My Son's Vistana Heights Home

Owning a home should bring peace, but my experience with Lot S9 at Vistana Heights, Kota Kinabalu, has been fraught with obstacles. Since 2022, I’ve been unable to sell my property due to restrictive conditions imposed by the developer, Topwira Corporation Sdn. Bhd. (TCSB). Additionally, a steep driveway and missing retaining wall have made the property unsafe and difficult to use. I’ve outlined these issues to seek clarity and solutions as of Sunday, September 20, 2025.

The Problem with Selling

In 2014, Faisal, my son, signed a Sales & Purchase Agreement (S&P) to purchase Lot S9. The S&P requires TCSB’s written consent for any sale until the property’s title is registered, which has not yet occurred.

On May 12, 2022, I discussed selling the house with a TCSB representative. In my follow-up email on May 14, 2022, I requested consent, but the representative stated it would only be granted if I reduced a Liquidated Agreed Damages (LAD) claim for project delays. The S&P mentions only an administrative fee of up to RM500 for consent, making this condition unexpected. I replied that I could not agree to this and requested reconsideration, but TCSB did not respond. This restriction has left me unable to sell the property, impacting my financial plans.

Safety and Accessibility Issues

The house also faces practical challenges. The driveway is notably steep, as shown in a photo I took and attached to my 2022 email to TCSB (see above). The image depicts my Proton Wira (license plate SAA 2865 J) with its front facing outward after attempting to reverse up the driveway, where the front scraped the ground due to the steep incline, preventing further movement and damaging the left headlight, which required repair. This highlights the difficulty and safety risk of accessing the property. I raised this with TCSB in 2022, but no solution was offered beyond suggesting I modify the entrance at my own expense. In 2023, TCSB adjusted the driveway, allowing the car to ascend to the car porch, but the incline remains dangerously steep, posing ongoing risks. Additionally, there is no retaining wall behind the property, despite a 1997 amendment and 2018 development plan reportedly requiring one. This raises safety concerns, especially given reports of land slips near other units in Vistana Heights. These issues make the property hard to use or sell.

Impact and Next Steps

Since 2022, I’ve been stuck with a property that’s neither safe nor marketable. The steep driveway and missing retaining wall deter potential buyers, while TCSB’s conditional consent blocks a sale. I’ve engaged lawyers to pursue legal remedies, including addressing the Occupancy Certificate and safety concerns. I’ve also contacted DBKK to investigate the driveway and retaining wall issues, as they may violate local regulations. As of today, these efforts continue, with no resolution from TCSB.

Call to Action

I’m sharing this to raise awareness for other Vistana Heights homeowners and potential buyers. If you’ve faced similar issues with TCSB or DBKK, please share your experiences in the comments. I urge TCSB to grant consent per the S&P’s terms and address the safety issues promptly. For now, I’m exploring all options to resolve this and ensure Lot S9 is safe and usable.

Photos of the steep driveway are included to support my concerns.