QUOTE(dariofoo @ Oct 28 2010, 11:01 PM)
Sorry had a busy day.
Look at your agreement to determine the completion date. If vacant possession is handed to you after the completion date, the developer has to pay late penalty interest.
Yes the completion date starts running from date of execution of the agreement.
Vacant possession is the right term to be used. You will be given the keys, as well as a checklist of all the items included in the sale. A checklist for defects would also be needed to be filled up and returned to the developer for their action.
It is not compulsory to have a common solicitor with the developer. You must remember that the solicitor acts for the developer and not you. As such, don't expect any calls to the solicitor for follow up and complaints against the developer to be entertained. You are deemed to be unrepresented. If you choose to appoint your own solicitor, it would be good in the sense that your lawyer can keep a check and balance on things. The drawback is that you would have to fork out fees? At what price is your piece of mind? Ask yourself that.
With regard to abandoned projects, it's a sticky situation. You can file a lawsuit in Court to compel the developer to complete the project, or sue for losses, but in most events, the developer would've long gone and buried, if not already wound-up or with plenty of creditors chasing after them. So at the end of the day, it'll be a paper judgment for you even if you win the case.
What interest are you talking about? Why would you say the Bank won't tranfer the money to the Developer? If all is in order, and if there is no delay on your part, of course the money would be disbursed. Don't worry about things that haven't, or may not, happen.
With any new development, it would be a huge master title at first. The developer has the duty to apply for subdivision. The agreement ought to provide the timeline for the Developer to subdivide the title, and if i'm not mistaken, it's 24 months from the date of the agreement.
You'll be surprised that some developments already have individual titles when launched. It's one of the perks of the packages thrown in. The faster individual titles come out, the better it is. In your case, it'll be a strata title.
Hope the above helps. Cheers.
Thank you very much for your detail explaination.
My concern for late disbursement from bank to developer, is because i had heard some case really happen on penalty being charge on buyers,due to the bank late disburse the money to developer after receive the letter of undertaking.
Is it compulsory for developer to state black and white regarding the maintenance fee per square feet and sinking fund inside SPA? To prevent they change the rate once construction completed.
The solicitor for developer side is their own panel.So they free us the SPA. For loan agreement side, the developer also their appointed back end financier. I think the solicitor for bank side may also their "own people".
Won't be the housing ministry safe-guide our buyers interest in case housing project stalled? As the ministry need make sure the progressive payment made to developer must use to fund the project?
Another things is will bank private caveat our property on our behalf? Or we need to do it ourself?