Who told you that "if the contract is not stamping, it can be null and void" ? That is not true. A contract is only void if it is against the Contracts Act 1950.

In this case, the vendor has not even signed the SPA. So, even if the purchaser has a copy in his lawyer's file, it still can't be stamped.

However, the purchaser can fall back on the letter of offer to purchase, where an earnest deposit has been paid. He can also refer to the correspondence where the SPA has been finalised, executed by him and forwarded to the vendor with the cheque for 10%, but the vendor now refuses to sign.

He may not be able to exercise his rights according to the terms of the SPA, but it does not mean that he cannot refer to the existence of a finalised SPA which he has signed and which the vendor refuses to do so. These are 2 different things.

Even if the purchaser requests for compensation, he can argue that it is customary for the 10% deposit to be refunded and for a further 10% to be paid as damages.

Basically, his rights are protected under common law.

DrTay has already posed her query in this thread and I've already advised her.

In fact, one forummer has quoted my advice in that thread itself.

Haven't heard of this.

Yes, dear, thank you so much for alerting Dario Foo for me. He has advised me what to do. tq to all the kind forumers here.

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Added on September 14, 2012, 5:03 pmthank you so much for alerting Dario Foo. He has advised me what to do. You are really kind.


This post has been edited by DrTay: Sep 14 2012, 05:03 PM

ok..noted...no need to sweat anymore, sir!

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Added on September 14, 2012, 8:46 pmDear Dario, thank u for yr reply. Refer to the s&p stamping issue, I just want to confirm my understanding is correct. Does that mean that if purchaser signed s&p but vendor refused to sign, the purchaser can ask compensation from vendor (10% deposit paid to vendor + 10% of damages)?? Is that correct? Thank u

This post has been edited by Chiahh: Sep 14 2012, 08:46 PM

Yes the purchaser can argue on the basis of acceptance by conduct. You had agreed and consented to the terms of the sale by your previous conduct (or your solicitors' conduct) and now, you can't pull out to the detriment of the purchaser. Purchaser can rely on previous cases where such damages have been awarded to those in a similar position. Don't forget that the purchaser can also go for specific performance, i.e. to compel you to sell the property to him. However, that is a long road and the purc may not want to prolong matters, more so if the house is for his own stay.

Hi Dario,

I submitted my questions above last month and you advised that for transfer out of love and affection for my case in which the home loan is still being serviced, both of my father and me may need to refinance the property again as the documentations are prepared on the basis of a first party loan. My new questions below:

1. I talked to the bank's mortgage officers (maybe too junior) and said that it is merely a transfer via MOT from husband to wife and no SPA will be involved, they seemed not to understand very well the procedures and insisted that it is a sub-sale, hence a new home loan, and not refinancing of loan. If it is a new home loan, I may only be entitled to get 70% of the outstanding amount. I am very worried about this. Can I have your advice?

2. The mortgage officers also mentioned that my mother's name will have to be included in the new home loan as joint applicant. But my mother is a housewife with no income. Is this even necessary?

Look forward to getting your valuable advice. Thanks.

Hi Dariofoo,

My downstairs condo owner came to complain that water from my bathroom leak to his unit. So he ask us to go repair the leak.
May I ask if there is a law to say who should be responsible for the repair or what is the normal practice for such matter?

Appreciate your advise. Thanks.

hi dario foo,

need ur advise here.
can i take my name out fm the house without changing the bank loan? the hse & laon under me & bro name. so the involve party only lawyer and not bank?

Hi Dariofoo,

I've got a few questions on tenancy issue.

Say, I rent a room from the main tenant who rents it from the owner himself and there was no agreement signed on paper or whatsoever. The only thing that I had was the proof of payment for 2months deposit. Recently, another housemate and I have discovered that the main tenant have tried to deceive us in paying extra in terms of utilities bill. We have not confronted her yet as we're waiting for her to inform us of the bill payment (she settles the bill and informs us of the payment that we should be every 3/4 months only).

Questions are,

1. If we confronted her with proofs (picture of actual bill) and she denies of her actions, can we sue her when there is no legal paper signed?
2. If we chose not to pay more than what we should be paying, and can she sue us? (again, I have to state that there is no agreement signed here)
3. If the main tenant choose to kick us out from the house immediately, can she do so even if there is a 2-month notice period? (in this case, there is an official receipt for deposit paid)
4. Last but not least, can the other housemate and I sue the main tenant for her actions (unfairness in utilities bill, attempt in kicking us out without notice)? If yes, any proper channels that we can do this?

Thanks!

hi dariofoo,

newbies here,..let say i buy subsale property from agent...how long for me need to wait for a lawyer to process all documents to transfer name? what is the steps from beginning to consult with lawyer regarding with property? can describe a bit?..tq

Dear Dario, Appreciate ur advice where can we complain against developer who delay the refund of booking fees ? This case was loan reject. Thank you

Hi,

I've signed SnP n loan aggrement on June , just get consent and waiting for everything to be done. Now my questions is, would there be any reason if my bank dont want to release the money to the buyer?? Example if borrower exceeded monthly commitment that required from the bank. June - housing loan approved then August personal loan approved. Will the bank withdraw my loan if they found out? Estimate on Dec will get the key. Sorry if my questions troubling u. Thanksss

Open a topic in the Property Talk forum and request for replies from bankers. There are a lot out here who can help. This question is nothing legal but more on banking policies.

The legal position is that the person who alleges must prove his allegation. In this case, the neighbour is alleging that the leak is from your bathroom, or from a pipe of which ownership and maintenance of same belongs to/is upon you. So, he must prove it first. Ask him to furnish proof of his allegations. Otherwise, just ignore it. There is no burden on you to prove your innocence.

This question has been posed before. Read the earlier posts.

Under the law, your oral agreement with the main tenant (MT) may be void if the tenancy agreement between the landlord and the MT stipulates that sub-tenancy is prohibited unless with the express consent of the landlord (which is usually the case).

So, if it is void, she can't sue you and you can't sue her. So basically, the answer to all your questions no.1, 2 and 4 is No, while the answer to question 3 is Yes. Where does it state that there is a 2 month notice period if there was no agreement?

In this case, you would be lucky if you can even get your deposit back. If it is a big amount, you might want to consider appointing a lawyer at your budget to send her a letter of demand to request for the deposit back and start looking for another place where you deal directly with the landlord.

How long depends on the type of property as well. Describe more about your property.

Appoint a lawyer at your budget and send in a letter of demand if they are slacking. Works faster than any complaint.