HI all,

Want to ask, for subsale property can the S&P include the defect liability clause? Is it a practice to do so?

I didn't include. Usually developer will honour

what bout subsale? is it a norm?

If its within the DLP period then they'll have to honour it regardless of subsale or not.

my question is can we put in the DLP clause for subsale S&P..

Can. You can ask the Lawyer to include that when you are doing S&P or Tenancy Agreement

aduh.. my Lyr.. no want put .. kns .. say not norm wo and no one put one.. how like that

He lazy wanna do izzit? or you asked for to much % ?

hmm i think the fella no gud

your lawyer is right, is really not a norm to put in under sub-sales
as the owner, would not honour the defect, the sales of the unit is based on "as it where is" basis.

some say can some say cannot im confused.... so actually can or not? i thought S&P is just like a contract. as long the terms are accepted btween 2 party ok di one.. the clause is somethign like this

The seller hereby confirms that the Purchaser has inspected the Property and is satisfied with the condition state nature character of the same and the Vendor hereby covenants with the Purchaser that the Property is sold on an “as is where is” basis.

If you purchase a house from Developer, then confirm got Defect Liability.
If you purchase 2nd hand/ sub-sales, usually owner wouldn't undertake the Defect Liability. As such the clause is "As is where is" basis.

Just imagine if you are the owner of the house, the buyer ask you to undertake the Defect for 12 months.
Defects mean including leakages, door knobs, toilet clogged, doors/ windows enlighment, crack of the floor / wall tiles, etc.
Will you undertake to repair?

If there are some defects (i.e leakage) that you noticed during the visit of the house, it's rather to ask the owner give you discount on the price then to ask the owner give you warrant for 12 months defect liability period.

i understood that its impossible to for owner to undertake the defect for that. I only wanted the owner to ensure that the house is free from defect when i move in. this includes the furniture/electrical and fittings its sold with.

i think every one would also be super unhappy if the house they bought got problem. imagine u move in and the one of the electrical point not working and u found out later the wire's in the wall has splintered due to owner nailing on wall. and you have to get contractor to hack the wall and pull new electrical cable from DB box.

i agree with the "as it is" but not on moving in to a place that has alot of issues. i think no one wants to move in that kind of property.

As an agent myself i check through the house before selling it and advice my clients fix any defect if got or reduce price if the unit got issues. So far non got issue. that y i dont want my own got issue ...

since you are the agent, then you should know the clauses in the spa.
if you are confident to convince the owner, then it's ok.

well to be exact not all SPA is the same.. plus given that i have no formal knowledge in legal matters its best to get advice from those who do.

that is why agents should remain as agents and not acting as a lawyer.

agreed with you that not all the spa are the same for sub-sales (except for under construction)

however, there are some standard clauses which could apply accross.
as such, your request to put in defect liability period into this sub-sales spa is consider not a normal practice.

But most important things is that it has been agreed by seller to have the unit to be " as it is" and inspected by buyer. This was agreed by seller. The other thing is that the seller too has agreed to ensure unit is maintained at their own cost till handover. which is great for me though ...

some how i feel that it would be great if there is a sample of s&p to be used as reference. Preferably a comprehensive one so that new buyers would be aware on what is needed to be in the S&P and what is essential.

there is one thing i know is that through my experience as a purchaser, a contract must be comprehensive enough to ensure that it is not half hangging or one sided. the S&p must be detailed enough to cover essential specifics to avoid any issues later on roles and responsibility. Moreover aspect that are not covered in the S&P would be subjected to the courts interpretation of the akta jual beli, which usually sides the seller.

just my two cents.. on contracts and agreement ..

sorry to tumpang your thread. I also just bought a new development but via subsale from the owner. It is still within the defect liability period. Am i (ie: the subsale buyer) covered? Can someone confirm?

I guess you need to call to the developer and find out by yourself. Different developers has different SOP. Some would say subsale buyer not entitled for the liabilities, but some does.

These question will only arise when buyers buying a newly completed subsale property. The liability should be from the developer but not the 1st owner who wanted to sell. Most of the time, old properties are sold with "as it where is" basis. Furniture and fittings are hard to tell if they will be in good condition. Some how not all interior design/fittings/renovation is favour by new buyer. So, the question should be precisely this way, "Is the liability period from the developer transferable to the new buyer".

Please take note, the liability period should calculate from date of delivery (VP date).

My two cents.

This post has been edited by burntsienna888: Jul 20 2015, 04:26 PM

wow, replying a 4 years old question, epic