First time house buyer here, I received a letter from my developer on delivery of vacant possession. Based on SPA i suppose to get the keys last June 2015.

Date of VP is 8 January 2016.( I only received letter a week later, 14 Jan 2016 I think?)

Stated in the letter is to bring along the following within 21 days.

1. Bank draft/cash for amount XXX from purchaser (me).
2. Bank draft/cash for amount YYYYY due from financier
3. Identity cards.

Also mentioned in the letter, if i should for whatsoever reason fail to comply with the above requirement, i shall be seemed to have taken delivery of the said property upon expiration of the aforesaid period and thereafter, developer shall not be held liable for any loss or damage to the said property and/or the fixture and fittings therein.



I called developer on the matter, they mentioned still waiting for my financier to release payment (item 2), once done they will call me up to bring cash (item 1) and IC to collect keys.
Now it's already 28 January 2016, called them again said payment still not released, maybe can collect after Chinese New Year.


Kindly advise what should I do.
21 days generally is calendar days or working days?
Still can claim for late delivery after this 21 days?
Such a letter is standard or something fishy?

This post has been edited by lytros: Jan 28 2016, 10:24 AM

First things first, ask the Developer why the delay in delivery vacant possession. According to your calculations, it's almost 6 months. Under the standard Schedule H HDA agreement, you are entitled for late delivery charges. Question them before you make any payment to them.

I understand the payment under number 1 but number 2? what sort of payment due from the financier that the developer hasn't received? I'm also confused here. The developer's letter asking you to bring along the payment due from the financier and at the same time informing you that the are waiting for your financier to disburse the same payment? So, whose obligation is it now on this payment? You or your financier?

It's standard that the "deemed accepted delivery of vacant possession" clause is found in such letter so there's no point in arguing with that but do take note of your rights while the Defect Liability Period is still active. Go take delivery of vacant possession and then do a thorough check on the property and then file officially your complain lists on the defects.

If there is a delay in the disbursement of the loan, please call up to your branch or your loan officer and check. If the bank delays causing you to suffer late payment interest then you can claim against them BUT you need to confirm which stage is the payment for.

If there is no mention of "working days" then it means normal calendar days.

Thanks, by the way spa is stamped 25 June 2013, so my calculations on the delay is 197 days. Is this correct?

Thanks, by the way spa is stamped 25 June 2013, so my calculations on the delay is 197 days. Is this correct?

Don't refer to the stamping date but refer to the date of the Sale and Purchase Agreement.

Whatever it is, there shouldn't be a huge gap between the date of the Sale and Purchase Agreement and the stamping date.

Anyway, for easy computation, we assumed the Sale and Purchase Agreement is dated 6/2013.

Is your agreement, Schedule G or Schedule H. The delivery period under Schedule G is 24 months whereas for Schedule H is 36 months.

It's Schedule G, 24 months. I need to check on the SPA date again. Anyway wondering the calculation is correct (Assume SPA 25 June 2013). 1 day delay also quite a sum.

Whatever it is, it's better for you to check with the developer first to see what cause the delay. If you raised to them that you want to claim late delivery interest then they may be reluctant to tell you anything.

Let them reply to you first on the cause of delay and then when you obtained their written confirmation on the cause of delay THEN only you raise the claim by citing their reasons.

Thanks, I called up loan officer, if no issues they will release payment today.
I called developer, so far mentioned delay mainly cause by their contractors. Developer will call me up for appointment to collect keys once bank release payment.
At which point should I raise the claim for late delivery, at the point I meet up with them to collect keys or after I inspect the property?
Thanks again.

This post has been edited by lytros: Jan 28 2016, 03:54 PM

It's best if you could get them to confirm to you in writing that the delay were attributed to them. Contractors' fault are the developers' fault.

You can raise the claim against the developer at the time you collect the keys.

If possible, get a few purchasers who suffers the same fate as you and then go and make a big hoo-haa at the office. They don't really care if you're the only one making complaints.

Hello lytros, may I know if you have received the liquidation damage (claim for delayed vacant possession) in the end?