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 Question related fixtures and fittings

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TSSpeedy~
post Aug 10 2015, 07:39 PM, updated 11y ago

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Hi guys,

Just to add more knowledge on this, if the sales and purchase agreement stated include the fixtures and fittings (for example aircond), but at the moment for the unit to be deliver, everything is stripped off. May i know if this consider breaching of contract?

This post has been edited by Speedy~: Aug 10 2015, 07:45 PM
nookie188
post Aug 10 2015, 08:26 PM

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QUOTE(Speedy~ @ Aug 10 2015, 07:39 PM)
Hi guys,

Just to add more knowledge on this, if the sales and purchase agreement stated include the fixtures and fittings (for example aircond), but at the moment for the unit to be deliver, everything is stripped off. May i know if this consider breaching of contract?
*
yes of course...
whatever is listed in the S&P is binding legally..
TSSpeedy~
post Aug 10 2015, 08:42 PM

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QUOTE(nookie188 @ Aug 10 2015, 08:26 PM)
yes of course...
whatever is listed in the S&P is binding legally..
*
Thanks for the response. But I don't really able to find the list of fixtures and fittings when I Google it. The owner push the blame to agent and saying it was not included.
nookie188
post Aug 10 2015, 09:12 PM

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QUOTE(Speedy~ @ Aug 10 2015, 08:42 PM)
Thanks for the response. But I don't really able to find the list of fixtures and fittings when I Google it. The owner push the blame to agent and saying it was not included.
*
google it? rclxub.gif rclxub.gif the list of fixtures and fittings are what was inside the property that you bought..

I am getting confused with your question..
TSSpeedy~
post Aug 10 2015, 09:24 PM

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QUOTE(nookie188 @ Aug 10 2015, 09:12 PM)
google it? rclxub.gif  rclxub.gif  the list of fixtures and fittings are what was inside the property that you bought..

I am getting confused with your question..
*
Hi let me clarify, sorry if I'm confusing. So, I bought a property and was told include furniture, aircond etc. But now, when I get the property, everything strip off and basically the lawyer just mention is a miscommunication between seller and agent. So kinda scratching my head over it. But sales purchase agreement did mention include fixture and fittings
nookie188
post Aug 10 2015, 09:49 PM

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QUOTE(Speedy~ @ Aug 10 2015, 09:24 PM)
Hi let me clarify, sorry if I'm confusing. So, I bought a property and was told include furniture, aircond etc. But now, when I get the property, everything strip off and basically the lawyer just mention is a miscommunication between seller and agent. So kinda scratching my head over it. But sales purchase agreement did mention include fixture and fittings
*
if the sales agreement did mention then it must be included..
the lawyer is wrong..btw is it your lawyer or seller's lawyer?

can you paste the relevant clause here ?

This post has been edited by nookie188: Aug 10 2015, 09:50 PM
Kevin Chan
post Aug 12 2015, 04:27 PM

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if you do not have a list then its a lost case.

even if there is a single cabinet/table/chair in the house its consider fulfilling the fixture and fitting term.
since no one say how many fixture or fitting is there.
corleone74
post Aug 13 2015, 04:17 PM

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QUOTE(Speedy~ @ Aug 10 2015, 07:39 PM)
Hi guys,

Just to add more knowledge on this, if the sales and purchase agreement stated include the fixtures and fittings (for example aircond), but at the moment for the unit to be deliver, everything is stripped off. May i know if this consider breaching of contract?
*
Yes, breach.


corleone74
post Aug 13 2015, 04:18 PM

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QUOTE(Speedy~ @ Aug 10 2015, 08:42 PM)
Thanks for the response. But I don't really able to find the list of fixtures and fittings when I Google it. The owner push the blame to agent and saying it was not included.
*
it's added as an appendix to the S&P, both u and vendor must agree on it, then it is refered to in the S&P .
if it's not included, either agent or your lawyer not do his/her job...
Eng_Tat
post Aug 18 2015, 04:34 PM

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i am in the same boat like you was suppose to get everything end of the day when i gt the key the previous owner emptied/take out certain items. since the hassle to list everything, in the snp was left "as is basis" partly due to trust. anyhow end of the day if its not listed in the snp you cant do much. sad.gif
winner
post Aug 19 2015, 05:18 PM

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If the inventory list is not included in the SPA, then you have no ground for complaint.
CHEVELLE_84
post Aug 26 2015, 04:32 PM

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Hi Guys,

i am going to buy a sub sale condo with full furnished and reno . i had paid the 3% booking fees and right now in the progress to draft the SPA.

Now, i in the middle of process in discussing to draft the fitting and fixtures list. As agreed with the property agent during finalized the negotiation to buy the condo, the agent told me all furniture will be given to be except the bedroom sets.

i have given the list to my lawyer to include all the items i wanted to be listed on the draft of fitting and fixture part, but the lawyer's vendor reply that only a few of the items to be included only and other items i requested not included in the draft( as if it is semi furnished, NOT full furnished!) . The items i requested but not in the list from the vendor lawyer side( or vendor disagree with my request items ) such as washing machine, dryer, refrigerator, dining table, tv cabinet)

Right now, the property agent told me that all the items i requested that not included in the draft fitting and fixture list as be an OPTIONAL if the vendor willing to give to me.

Should i insist with my lawyer to get all the items to be list down and dont give a damn about the agent advise? i dont trust with this property agent as he mentioned that " these items are to be given as optional and depend on the owner/vendor discretion". i'm worried i didn't get all those items when i got the house.. Hope someone can advise me on this. Thanks!!
Eng_Tat
post Aug 27 2015, 02:17 PM

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if you have agreed those item to sale together insist on the proper list, best if you have picture,details. from you description, if the owner takes away washing machine, frigge, etc you will have no case against him/her.
aurora97
post Aug 27 2015, 04:24 PM

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QUOTE(Speedy~ @ Aug 10 2015, 07:39 PM)
Hi guys,

Just to add more knowledge on this, if the sales and purchase agreement stated include the fixtures and fittings (for example aircond), but at the moment for the unit to be deliver, everything is stripped off. May i know if this consider breaching of contract?
*
Assuming you buy a car, according to spec come with air-con and hi-fi but then when it arrived it has been stripped off… What’s the difference between your house and the car?

In your situation, once you signed off and all the conditions in the SPA are met and fulfilled, you are the owner of the unit.

Yes, its consider breach of contract, if it’s promised to you under the SPA, bordering on stealing too!

Step 1:-

Immediately lodge a police report. Yes, your situation is no different from stealing. Delay will work against you.

Step 2:-

Write to the Vendor, immediately asking for reinstatement of all the fixture and fittings included in the SPA.

Step 3:-

If no response from Vendor, pester the police to investigate the matter. (rinse and repeat until police give you some lame excuse)

Step 4:-

Go to the lawyer only as last resort as this will be costly.

khoo118
post Sep 3 2015, 02:02 PM

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QUOTE(Speedy~ @ Aug 10 2015, 07:39 PM)
Hi guys,

Just to add more knowledge on this, if the sales and purchase agreement stated include the fixtures and fittings (for example aircond), but at the moment for the unit to be deliver, everything is stripped off. May i know if this consider breaching of contract?
*
Prior to making booking fee (2~3%) and signing the Agreement to Purchase with the Agent / Owner, inventory list shall be established and attached. If agreed by all parties then signed. Its too late to argue without the agreed Inventory list esp. on semi or fully furnished house

 

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