2. This 8% late penalty interest is quite standard. If you notice, there is a similar provision whereupon if the vendor fails to hand over VP to you within a certain number of days after you have paid the balance purchase price, the vendor has to pay late penalty interest to you (8-10%). So, it works both ways.
Of course it is not in your interest to delay the transaction, but sometimes things happen out of your control. But, you are to be faulted for it if it is from your side of transaction, eg your financier, LHDN who assessed your stamp duty payable, etc. No fault can be attributed to the vendor in such cases.
"I find this clause very unfair as until then, the current owner still has the property with him and can continue to rent or stay in it. On top of it, he can collect 8% from me for nothing."Your statement above is, with respect, misconceived and flawed. Your reasoning is from an angle which is irrelevant in the circumstances. We are looking at a sale & purchase. The vendor intends to sell the premises and obtain the full purchase price. Having possession and rental, if applicable, is of no relevance as the vendor is selling the property. He has committed to the price, and if there is a delay - factor in appreciation of property and depreciation of money through inflation - and the vendor would be prejudiced. The only way to make up for it is to charge you interest for the delay. It would also spur you to move faster, as opposed to a scenario where there would be no late penalty interest. \
Perhaps you can put yourself in the shoes of the vendor and reflect from their viewpoint.
Having said so, 3 months is usually enough, if you have applied for a loan early and the loan documentation can kick off simultaneously or soon after the date of the SPA.
On your comment on 8% penalty interest between developer and buyer versus my situation of current owner and buyer (me) is quite different to be honest. In the case of developer, they also don't have the property as it's under development etc so don't earn anything from it where else in here, the owner is in possession of the property and collecting rental while potentially also being able to collect 8% interest which will be significant for a 90% loan. I do however understand what you say about appreciation of property etc but still find this to be a little unfair on the buyer. COnsidering that this is standard and cannot be negotiated, what are the areas that the seller can delay this and me potentially needing to pay this interest?