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 Lawyer's Corner v2, One-stop centre for any legal queries

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X-Zen
post Jan 18 2012, 10:30 PM

Yatta!
****
Senior Member
566 posts

Joined: Sep 2005
From: Compulsive Disorder Land


hi,

bought a property recently by paying 2% booking fee

Will sign the S&P soon next week

However the vendor / seller suddenly want to state in the S&P that the redemption will only be done by end of April (This is due to their bank loan lock in period will only end then)

So in order to save penalty fee to the bank, they want to impose this condition

Of course i don't agree to this because this was not stated upfront and also only make known after i paid the 2% so my 2% is stuck there now


After checking with my potential lawyer for this deal, according to him, we can disagree and not put in the S&P but there is NO stopping the vendor / seller to drag the redemption to their bank for a few months or even a year to complete

The extension due to this drag will only be compensated to me via extension of time to me and no monetary compensation

I find that strange as in that case then we buyer / purchaser are not protected at all. We are at the mercy of the vendor / seller?

Checking the standard S&P, i can't find any clause which will penalized or disallow the vendor / seller if this scenario happened

Only me the buyer / vendor will be penalized *% per annum if i cannot complete the deal in 3 months time


Any help to shed light or advice on this is much appreciated
X-Zen
post Jan 18 2012, 11:14 PM

Yatta!
****
Senior Member
566 posts

Joined: Sep 2005
From: Compulsive Disorder Land


QUOTE(dariofoo @ Jan 18 2012, 10:40 PM)
Your lawyer is absolutely right. Any delay by the vendor will result in the completion date to be extended in favour of you as the purchaser. The common understanding in SPAs is that:

Vendors want their money fast and conclude the deal AND Purchaser has the duty to make payment of the balance purchase price on/before the completion date. As such, any delay by purchaser and he has to pay late penalty interest to the vendor. Any delay by the vendor, and the purchaser gets more time. Vendor is at a loss as the market price of the property may go up. Factor in inflation as well and the depreciation of money - both factors whereof are detrimental to the vendor.

If upon completion of the SPA, the vendor fails to deliver vacant possession to you - then he has to pay late penalty interest to you. That is how it works.

So now, either you back out of the transaction or you be patient and agree to the clause to wait until April for redemption of the vendor's loan.

Usually, upon redemption, it takes 3-4 weeks to complete the SPA, so you're just looking at another few more weeks of delay.

If you execute the SPA in 2 weeks' time (bearing in mind the holidays and a few exchanges of drafts) - you're looking at the date of the SPA to be around the first week of March. End of April would be around 7-8 weeks from the time the SPA runs. If all goes well with redemption, you're looking at another 3-4 weeks to complete it. The standard completion date for SPA is 3 months. So, you'd still be within time. If there is a bit of delay, it'll be for another few weeks only.

Weigh the pros and cons first before deciding. How much do you want this property? Is the deal and price good that you won't be able to find another?
If you think you can't wait for it, then back out now. Good luck.

icon_rolleyes.gif
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thanks dario - your advice is always helpful

ok i actually want to back out of the deal now but the vendor is not agreeable ie he wants to continue and willing to remove that clause from our S&P

However as what you say above, he can just drag the redemption. My worry is that i have no visibility of the actual date. His lawyer say end of April but it can be end of May or even June

Furthermore he failed to mentioned this in the beginning

The 2% paid to the property agent and he has instructed the agent not to refund me.

Does he has the right to forfeit my deposit in this case?

What else can i do?

This is really unfair to the buyer


X-Zen
post Sep 26 2012, 05:59 PM

Yatta!
****
Senior Member
566 posts

Joined: Sep 2005
From: Compulsive Disorder Land


Hi Dario

Again thanks for your contribution to this thread



I got a question regarding purchase of a leasehold property from bumi to a non bumi

However that unit is NOT a designated BUMI lot


We still need to get state consent right?

Normally in this scenario, do we state in the S&P that the 3+1 period only kicks in once consent by the state has been given?

Worry that the state will delay or reject the first time hence cannot meet the 3+1 timing


What is the normal S&P procedure on this?

Thanks


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