QUOTE(lytros @ Jan 28 2016, 10:21 AM)
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?
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.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?
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.
Jan 28 2016, 11:48 AM

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