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

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flabbergasted
post Jan 7 2012, 01:30 AM

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Hi,

I'm in a little bit of conundrum. I'm a first time house buyer, so I don't have a lot of experience. Would appreciate it if someone could advise me.

The seller of the sub sale property that I am buying is still transferring the title to his name (the co owner passed away). I've already been waiting for about 3 months for this. The thing is I've already signed the SNP (pending the title name change) and paid the 10% about a month or two ago. Since it is taking too long, I'm starting to have doubts about the seller. Can I back out of this deal now without losing anything? I really want to buy the property, but it is taking too long. Or is there any way to force the seller to hasten the process? Since he already has the 10%, it would benefit him more to delay the process.

Please advise.
flabbergasted
post Jan 8 2012, 01:12 AM

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QUOTE(dariofoo @ Jan 7 2012, 11:52 PM)
You need to abide by the terms of the SPA which both parties have signed. Look at the time given to the vendor to comply with the transfer of ownership of the other half-share. 6 months? 9? Until then, you can't fault him at all. You ought to be aware when you're buying this particular property that it is not the run-of-the-mill transaction and that it may be delayed.  So, do be patient.

With regard to your statement that the owner has 10% and thus, it would benefit him more to delay the process - that is an incorrect statement. The longer the delay, the more detrimental it is to the vendor as the price of the property may appreciate, and he can't do anything about it. Add in inflation and you'll see that the vendor has no reason to delay things. He would definitely want to use the balance 90% for other matters as well.

If you're confused about the whole process then it's time to speak your lawyer directly and find out the latest status and also the flow of proceedings. Some enlightenment would be useful, as you're a first time buyer. Good luck.

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Thanks dariofoo.

It seems like in the SNP, there is no stipulated time given to the vendor to transfer the ownership, this worries me. There is however a 6 months period for the vendor to transfer the title to my name, after he successfully transfer the title to his name. The property is a leasehold condo with strata title, do you know the maximum time it would normally take for someone to transfer a property to his name?

I've been speaking to my lawyer, but he seems to be not that well versed with these things. So that is why I'm asking here. Thanks.
flabbergasted
post Nov 21 2012, 04:56 PM

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Dear Dariofoo,

I have a simple question hope you can help, who is responsible for the internet cables in high rise properties, JMB or the owners? These cables are located in a Telekom room near the lifts. I'm asking this because these cables have been sabotaged, and the JMB doesn't want to take responsibility.

Thanks.
flabbergasted
post Nov 21 2012, 09:57 PM

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QUOTE(dariofoo @ Nov 21 2012, 06:11 PM)
JMB is responsible to maintain the safety and security of room itself. Normally a padlocked is placed and the keys kept with management. This falls under the common property. Am not saying that they are responsible for the cables, but when they fail to ensure the security of the room, they would responsible for any damage/loss caused to anything in the room due to their negligence.
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Thanks man. Any clause from the law book to back this up? It's hard to convince people without proper black and white.

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