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snowcrash
post Mar 9 2011, 07:48 PM

Mortal Sword
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662 posts

Joined: Jan 2003
From: KL


Hello all, am in the process of buying my first subsale unit, so have some nervousness regarding the condition of unit. Is there any (legally binding) way to ensure that (a) the seller discloses information regarding condition of unit, & (b) to hold seller liable should there be any damage/ defect, other than standard wear & tear?

My concern is protecting myself against situation like buying the condo, then discovering that ie pipe or electrical fixtures damaged etc.

Also, if there is, would they be part of the S&P, or does it need to be done before I even make earnest deposit?

::nervous:: sweat.gif
snowcrash
post Mar 10 2011, 10:10 AM

Mortal Sword
****
Senior Member
662 posts

Joined: Jan 2003
From: KL


QUOTE(dariofoo @ Mar 10 2011, 10:08 AM)
Good question.

Well, it is the common notion that the property is sold on an 'as is where is' basis. What you see when you view the house and subsequently book it is essentially what you get.

When you subsequently sign your S&P, there ought to be a clause which reads along these lines:

It is hereby mutually agreed by the parties hereto that the risk of damage to the said Property except fair wear and tear thereof shall only pass to the Purchaser upon the Purchaser paying the Balance Purchase Price to the Vendor pursuant to Clause 3 hereof upon which payment vacant possession shall have been delivered to the Purchaser.

With regard to 'pipe or electrical fixtures damaged' as you mentioned, it would be prudent to check it when you inspect the house and probably again before the balance purchase price is paid to the vendor. The second inspection is rarely, if ever, done, but since you said you're nervous, better be safe than sorry.

If, during the second inspection, you find structural defects, the vendor has to rectify/repair it at his own cost.

You can bring in a plumber or electrician to do an inspection on your behalf as well. The cost, of course, would be borne by you. Do these before you pay the earnest deposit. You have every right to do so.

Good luck.  nod.gif
*

Thanks!


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