Hi Dario,

If I'm purchasing a unit 2nd hand (subsale), do I have the right to the 1st owner's original SPA with the developer? It is a vacant lot with 2 yrs left in warranty.

Reason I'm asking is because despite what's been promised verbally (did not put down in SPA), I'm having problems trying to get the 1st owner to help settle some warranty / house defect issues. To my knowledge the developer has a right to refuse warranty with anyone other than the 1st owner as the SPA is between them and the 1st owner only.

I've asked for the original SPA in several occasions but failed to get them, and my lawyer is also having difficulty getting the full SPA from them (my lawyer only have the few "necessary" pages).

I think there might be a clause which states that if the developer fails to rectify defects within x amount of timeframe (1 month?) the owner can proceed to perform repairs him/herself and claim the repair cost from the developer.

I wish to try for this before my transaction completes (right now we've both signed, and we're in the 3-4 months pending loan for the balance disbursement).