HI all,

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

what bout subsale? is it a norm?

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

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

hmm i think the fella no gud

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.

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 ...

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.

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 ..