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 Execution of SPA

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TSdobson
post Oct 22 2015, 02:51 AM, updated 11y ago

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Can anyone shed some light regarding the above?

From my shallow understanding, it means signing the Sales & Purchase Agreement (SPA) and paying the balance downpayment due to the developer?

Have you heard of such thing as :-

During the signing of the SPA, you are only allowed to sign on the last page?
Lawyer does not allow you to put your initial on every other page.
Yet you are required to pay up the balance of the downpayment due to the developer?

Appreciate your 2cents!

seanooi880327
post Oct 22 2015, 07:43 AM

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If this happen
Don't ever sign it..

It should do it in proper way and initial every single page..
nookie188
post Oct 22 2015, 07:47 AM

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QUOTE(seanooi880327 @ Oct 22 2015, 07:43 AM)
If this happen
Don't ever sign it..

It should do it in proper way and initial every single page..
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yes the proper way is to sign every page otherwise what if changes are made without your knowledge?
Jasoncat
post Oct 22 2015, 08:13 AM

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QUOTE(dobson @ Oct 22 2015, 02:51 AM)
Can anyone shed some light regarding the above?

From my shallow understanding, it means signing the Sales & Purchase Agreement (SPA) and paying the balance downpayment due to the developer?

Have you heard of such thing as :-

During the signing of the SPA, you are only allowed to sign on the last page?
Lawyer does not allow you to put your initial on every other page.
Yet you are required to pay up the balance of the downpayment due to the developer?

Appreciate your 2cents!
*
Theoretically speaking, it is a standard SPA (I presume you buy residential unit and direct from the developer) so whether you initial on the front pages is not that important. Nevertheless, the Schedule at the back you have to carefully read through and initial.
peri peri
post Oct 22 2015, 08:57 AM

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Wat The....u want to sign every single page except main page for 3 duplicate copy of SPA? u need a maid or a chop maharaja to do that.
travis8481
post Oct 22 2015, 08:58 AM

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normally initial on every page. However, after signing, u will get a copy also. I dun think d lawyer dare to change anything. but sometimes, stamping take time. so better get a photocopy immediately after signing.

Yes. u need to pay the balance sum of the downpayment upon signing spa
cdspins
post Oct 22 2015, 09:05 AM

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Sign or don't sign on every page depends on the lawyer, the signing is just to safe guard both the seller side and the buyer side, that you the buyer read and acknowledge to the terms and condition, normally they will request buyer to sign at special phrase if the SPA is different from norm.
But if you look from another side, if you don't sign, if there is changes to the SPA, buyer can also hire lawyer to fight for them... it works both way.

Full deposit is required upon signing the SPA, it is mentioned in it
corleone74
post Oct 22 2015, 09:22 AM

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QUOTE(dobson @ Oct 22 2015, 02:51 AM)
Can anyone shed some light regarding the above?

From my shallow understanding, it means signing the Sales & Purchase Agreement (SPA) and paying the balance downpayment due to the developer?

Have you heard of such thing as :-

During the signing of the SPA, you are only allowed to sign on the last page?
Lawyer does not allow you to put your initial on every other page.
Yet you are required to pay up the balance of the downpayment due to the developer?

Appreciate your 2cents!
*
sign on every page.



This post has been edited by corleone74: Oct 22 2015, 09:23 AM
TSdobson
post Oct 22 2015, 10:29 AM

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I meant, sign on the back pages and initial on the rest smile.gif
jason1986
post Oct 22 2015, 11:44 AM

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QUOTE(dobson @ Oct 22 2015, 02:51 AM)
Can anyone shed some light regarding the above?

From my shallow understanding, it means signing the Sales & Purchase Agreement (SPA) and paying the balance downpayment due to the developer?

Have you heard of such thing as :-

During the signing of the SPA, you are only allowed to sign on the last page?
Lawyer does not allow you to put your initial on every other page.
Yet you are required to pay up the balance of the downpayment due to the developer?

Appreciate your 2cents!
*
Legally there is no requirement for each and every page to be initialed. This practice comes from the banks where if there is a dispute, the bank can say u have read every page and have initialed on it.

Does not really matter. An agreement without each page initialed is still valid and binding in court.

If you want to initial, the lawyers should allow you to do so.
TSdobson
post Oct 22 2015, 11:46 PM

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QUOTE(jason1986 @ Oct 22 2015, 11:44 AM)
Legally there is no requirement for each and every page to be initialed. This practice comes from the banks where if there is a dispute, the bank can say u have read every page and have initialed on it.

Does not really matter. An agreement without each page initialed is still valid and binding in court.

If you want to initial, the lawyers should allow you to do so.
*
By not initial-ing, it gives the developer a chance to change things without our knowledge. No?

Well, sad to say the lawyers were under instructions from the developers not to allow us to initial.

Was told, its a 'draft'

wtf???
TSdobson
post Oct 22 2015, 11:46 PM

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QUOTE(jason1986 @ Oct 22 2015, 11:44 AM)
Legally there is no requirement for each and every page to be initialed. This practice comes from the banks where if there is a dispute, the bank can say u have read every page and have initialed on it.

Does not really matter. An agreement without each page initialed is still valid and binding in court.

If you want to initial, the lawyers should allow you to do so.
*
By not initial-ing, it gives the developer a chance to change things without our knowledge. No?

Well, sad to say the lawyers were under instructions from the developers not to allow us to initial.

Was told, its a 'draft'

wtf???
cfa28
post Oct 23 2015, 03:54 PM

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Dobson, are u buying a property under the Housing Development Act.

Suggest u call the Lawyer and speak to the partner in charge and tell him / her that what the Lawyer is doing is not right and unless u see a full document, u are not going to sign the SPA and in addition, will lodge a complaint to the Bar Council of Malaysia

jason1986
post Oct 25 2015, 05:40 PM

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QUOTE(dobson @ Oct 22 2015, 11:46 PM)
By not initial-ing, it gives the developer a chance to change things without our knowledge. No?

Well, sad to say the lawyers were under instructions from the developers not to allow us to initial.

Was told, its a 'draft'

wtf???
*
If it is a draft, I will not sign it.

Like I said, if you want to initial they should allow. If not, don't sign.
TSdobson
post Oct 26 2015, 08:55 PM

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QUOTE(jason1986 @ Oct 25 2015, 05:40 PM)
If it is a draft, I will not sign it.

Like I said, if you want to initial they should allow. If not, don't sign.
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TSdobson
post Oct 26 2015, 08:55 PM

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QUOTE(jason1986 @ Oct 25 2015, 05:40 PM)
If it is a draft, I will not sign it.

Like I said, if you want to initial they should allow. If not, don't sign.
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TSdobson
post Nov 21 2015, 10:20 PM

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sad to say a developer just did that!

in October, they told the purchasers to quickly come to sign the SPA only to find out that they were not allowed to initial on every page. were not even told that it is a draft that they were signing.

then somewhere in november, they told the purchasers to come and sign the final SPA. as expected, there were changes :-

1. changes in allocated car park
2. changes in car park price
3. changes in power / plug points

can this be reported to ministry of housing? police report maybe?
mana mungkin
post Nov 22 2015, 09:54 AM

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can pm me, which developers this, then can avoid it at all cost, usually u need to initial sign every page in ur SPA, if don't allow, it must be something wrong and not right.

as a buyer, no protection on us, not fair, don't sign and don't buy !

 

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