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synkronize
post Nov 24 2011, 11:43 PM

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From: Kuala Lumpur


Hi Dario, hope you can help us with our problem:

We bought a freehold landed property from the resale market. The S&P was signed on 22/08/2011 with a 3+1 month completion date and both sides are using the same lawyer. It's Effectively 3 months now and to date we have not received any redemption letter from the Vendor's bank despite repeated letters/reminders. We have no idea what's taking the bank so long to release such a letter. Does the bank need consent of the Vendor in this case prior to releasing such info to our lawyers?

Despite what we read about 'potential' complications on this matter, we feel really unease about this since we have slightly less than a month left to 'complete' the sale. However my question is: in the S&P it states that if we do not complete within the completion period of 3+1, there is a penalty of 8% on a day to day basis. The clause did not state specifically that this penalty does not apply in events where the vendor fails to deliver redemption sum letter. Wuld we be penalized in this case even tho we technically and logically speaking, we can't settle the balance sum without knowing what's the redemption amount.

Lastly what happens if 3+1 lapses and redemption statement is still not sent out? Do we have recourse? There is a default by vendor clause but isn't that only applicable if the vendor decides to back out the sale?

Sigh it's so frustrating and I hope I can get some answers. Thanks so much in advance!

This post has been edited by synkronize: Nov 25 2011, 12:08 AM
synkronize
post Nov 25 2011, 05:26 PM

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Joined: Dec 2004
From: Kuala Lumpur


QUOTE(dariofoo @ Nov 25 2011, 12:44 PM)
I do not know what exactly the terms are in your SPA but what I can tell you is that in normal practice, the vendor is given 14 days from the date of request for same by the purchaser's financier's solicitors to procure the redemption statement. The period exceeding 14 days until the date of receipt of the redemption statement shall not be considered as part of the completion date. As such, the completion date would be extended automatically.

Example:

Date of request by purc's financier's sol - 1/11/2011
Last day for vendor to procure from his financier - 15/11/2011
Date of receipt of redemption statement - 30/11/2011.

Delay 16/11-30/11 - 15 days

Completion date (example) - 12/12/11
By virtue of the delay from the vendor's side - the completion date would be extended by 15 days - 27/12/2011
(assuming that there are no other delays from either side)

Look for such a clause in your SPA. There has to be such a clause as it would count as a delay on the part of the vendor, and as such, it would be wrong to punish you for such delay. Sometimes it may be 14 working days, sometimes 21 days. It differs. But a timeframe must be given to the vendor to obtain the redemption statement.

The vendor's financier only needs a letter of autorisation from the vendor but that is always provided to the financier at the same time when requesting for the redemption statement - so in essence, all the bank needs to do is to print out the redemption statement. No further check or consent of the vendor is needed anymore.

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Hi Dario, thanks so much for your explanation, it certainly helps!! The standard clause in our agreement is 14 days for the Vendor to procure the redemption statement.

We chased the Vendor's bank today again and they promised to pass it next week and I hope we can wrap this soon. I can't imagine that printing a redemption statement can be so difficult that it's taken them 3 months to do it but we also suspect the Vendor must have some hesitation in selling or some reason or another.

We 'heard' that the owner had apparently pledged 2 properties (one of them being the one we purchased) to secure one loan and the excuse given earlier was that the bank had difficulty releasing it. My guess is that the difficulty lies with the fact that there is a security/collateral shortfall on the part of the Vendor as borrower and the Financier may have requested him to further top up or pay down the loan, to which he doesn't have the means to unless the sale proceeds of his house comes through.

Hope it gets resolved soon. Thanks so much again!!

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