Hi Dariofoo,

I am reading the draft S&P. I came across quite a number of occurrences in the S&P that mentions something like "the number of days in excess of the aforesaid fourteen (14) days shall not be taken into account in calculating the Completion Period or the Extended Completion Period, as the case may be, and the Completion Period or the Extended Completion Period, as the case may be, shall be extended accordingly without interest" which raise a question what can be taken into account in calculating the Completion Period under standard S&P? It sounds like the Completion Period is of no use here.

Also, is it a standard practice that the Completion Period calculated from Unconditional Date?
.

My question is, do i have to wait until they obtain the deed from the Vendors bank before I am entitled to obtain the keys to the unit or can i actually request for the keys now as my bank has already released the redemption sum?

Also, does it usually take this long to complete the whole process for a Leasehold property?

It only refers to things which the vendor has to do. If there is a delay of more than 14 days by the vendor, it does not count to extend the completion date. It means that delay by vendor would not punish the purchaser, as the purchaser relies on the completion date to avoid paying penalty to the vendor.

If that clause is not in, then delay by the vendor will eat up time for the purchaser to complete the transaction. Then every vendor, with an eye to collect late penalty interest, will simply drag matters which are up to them to do, like obtaining the redemption statement.

This clause is quite standard in practice.
You first have to tell me what is the definition of Unconditional Date in your SPA. Different lawyers use different terms.

My question is when will the Purchaser's Solicitor request for the Developer's Confirmation? Does it mean as long as the Developer's confirmation not obtained, the Completion Date will not count down?

Also, there's one part of the S&P that mentions about documents deposit and delay in my part will result in penalty. Since I will be going down to sign the S&P, I will hand in all the documents by hand. Can I get a acknowledgement from the Solicitor? Just want to make sure that delay is not from my end. 

Thank you.

Hard to say. How efficient is your lawyer, the lawyer for the other side, and the land office staff? 

Thanks! cause i have been waiting since last Sept 2011...the lawyer answer is..in progess...LOL...

If you really want to follow the black letter of the law you need to:

1. Give 1 month's notice for the tenant to surrender VP to you;
2. Serve it at the registered address.
3. After that, appoint a lawyer to file a suit in Court for VP with damages (unpaid rent);
4. You can get your order fast - the lawyer has to file a certificate of urgency. Most likely the tenant will not show up so you obtain a judgment in default
5. Serve the order at the registered address.
6. Most likely tenant would still not have any response, so you need to instruct your lawyer to file a writ of possession [WOP] at the High Court.
7. With this writ, you can effect re-entry into the premises. The Court bailiff will attend together with you and a locksmith. Once you've gone in pursuant to the order for WOP, you have the right to dispose of his items. He has no right to sue you for trespass to goods.

Any other way, and you can be sued. Very very few landlords use the above method as it is time consuming and incur more costs. So they take the risk of breaking the locks themselves and throwing away the items. Remember that just because the tenant owes you rent does not mean that you have the right to break-in and throw away his things. If he sues you for trespass, he has a good case. Of course you can put in a counter-claim for unpaid rental and other costs, but it doesn't meant that you won't be liable to him for his claim against you. So it depends on whether you think that this tenant would come back to haunt you or if they have actually tutup kedai and disappeared already.

Yes, time will not run until the developer's confirmation is obtained.

I did not see a clause which fixes the time for the purchaser to write for the letter of confirmation. Some SPAs fix 5-7 days from date of execution of SPA in order for them to do so. This will prevent the purchaser from delaying to write in to the developer, perhaps to buy time to wait until their loan is approved. May happen.

And note the clause where it says that upon termination, you have to bear the purchaser's legal fees as well. That is not commonly inserted.

You can always prepare your own acknowledgement copy and get the lawyer to sign/stamp on it. That would be very prudent. All documents should be served by hand or courier service with acknowledgement.

Thanks! cause i have been waiting since last Sept 2011...the lawyer answer is..in progess...LOL...

Hi Dariofoo,

I'm refinancing my property. My loan lawyer had actually charged me entry & withdrawal of private caveat. Which i clarified later on, it was requested by the bank. My property is condo & strata title was issued out. Is it a standard pratice for banker to lodge private caveat? Pls advise. Thanks

In another note, I've called up my condo management to enquire about the strata title. According to them, developer has submitted the request since year 2009 but still pending at land office. Is that really take so long to get the title and is there anything the owners can do to speed thing up?

Is the writ of possession only being carry out in High court not magistrate court or civil court ?

If under Order 54 of Subordinate Court Rules, 1980,


Defendan must be filed in  14 days ( but not serve to plaintiff within 14 days)after the service of claim,

is time an issue?

if only serve to the other party in 32 days after summon being serve, or 21 after 1 st hearing,  7 days after 2nd hearing,

can plaintiff request for default of judgment (amount & course of action)? is it justify? what is the form no and how's the procedure?

Hi All,

I bought a house with my gf 2 years ago. Now we would like to transfer house ownership to my gf's mother. Bank advise us to do new S&P and new loan agreement (Our current loan still within lock in period and will be fined). My queries as following:

1.) Could we only do the MOT (treated as love and affection transaction) instead of new S&P?

2.) If new S&P is a must, could we have 50% discount on stamp duty because of transfers of immovable property between speficied family members?

Appreciate if you all can advise. Thanks.

I have a question about MOT. Is it common for vendor to bear the MOT if strata title issued before completion date?

Thank you.