sime is just acting by the book. so have other developers.

by hda law, spa is between developer and original buyer. dlp/warranty is not transferable, unlike cars. this has been the case forever.
so, buying subsale is, strictly speaking, "as is where is". this has been the case, forever as well.

before the big speculation/flipping in recent years, just about all dev honor the full dlp whether original or subsale buying as goodwill.
they need not do that if they go by the book but as they are biz minded, they just do it.
some dev used to have the reputation of calling owner, original or subsale to file defects request right before dlp expires. how nice!
now, due to intensive speculation and flipping, dev no longer want to do this. more so since they have made all that money.

this has brought some strange issues: some subsale buyers insist in the spa that the seller fix this and that which may not always be possible. during the transition period b4 title transfer, dev is obliged to fix defects, so that is still fine. once title transfer is filed and developers have a way to track that, seller loses this privilege. developer may or may not entertain subsale buyer's request. officially, they always say "no" but go by the book. in reality, they may still exercise some goodwill and do it. regardless, a good developer will fix structural issues till eternity but will probably not give you a new coat of paint. crap develepers will strcitly not botther with subsale buyers at all.

now, another reason for dev to go by the book - they have a new tactic to sell - genuine home buyers to buy new from developers!

flippers should not sell by counting on dlp anymore. better stick to "as is where is" as this can lead to ugly scenarios. they have been cases subsale buyers insist seller "guarantee" the dlp or "fix everything" in the subsale spa. a silly seller can get into a lot of trouble this way.

This post has been edited by AVFAN: Dec 7 2012, 06:44 PM

yes, i meant subsale transaction.

if house is under rental, sure landlord can file to do it. the question was, after subsale, can one "pretend' it is under rental.

how dev know if house is sold - if the individual titles have not been issued or transferred to orig buyer, the subsale transaction will require dev consent for the seller/buyer lawyers to process with land office, so they will know. this is usually the case for fast flipper sale right after vp.

if title has been transferred, they will still get to know by other means. if the really want to keep track, they can easily find out at land office, and developers have good contacts with them.

having said all that, one should not assume all is lost. as a major developer, they can still exercise some goodwill if the request is not unreasonable. the impt thing is not to assume they will surely do it. setia adopted this position long time ago but they still exercise goodwill depending on the circumstances case by case.

another thing to note - once you start any renovation, it gets a lot more difficult to get dev to fix any defect. once you do extension, add/remove structures, just about all warranty will be null and void.

---

Added on December 11, 2012, 11:35 am
this was what i was trying to highlight, can be dangerous for seller, false hope for buyer.

seller can help and assist to file but cannot be held accountable, which is why this will be akward in the subsale spa, avoided by all lawyers.

for talking sake, if a subsale spa contains, "seller must get developer to fix everything", it is viewed as invalid in the eyes of the court because there are higher laws within the housing industry that does not permit that since the rights is only between developer and orig buyer, not a third party.


This post has been edited by AVFAN: Dec 11 2012, 11:35 AM

pls post any news on this last phase. been waiting for it since 2007!

quite sure it's the only phase da will have as gng. very rare of big sime to do gng anywhere, whatever the reason...

that's what the sales a said that 3 yrs ago. so, we'll see.

will be a pity if not even a single phase in this sizeable dev is gng because that's what people will pay for these days despite the fact gng is not crime proof.

very true. nkve at peak hours sucks big time on most days now.

when this dash or cash highway is done, it will help. but seems it is stalled, nothing happening??