QUOTE(shaniandras2787 @ Jun 15 2016, 11:50 AM)
If you are purchasing a residential property directly from the developer then the sale and purchase agreement to be utilize is already statutorily fixed, Schedule H of the Housing Development Act. Nothing can be amended from there unless consent from the housing authority is obtained and usually the only clause that gets amended is the time for delivery of vacant possession.
Trying to amend the Schedule H is like trying to amend the law. Thus, nothing illegal here because it is done according to the law.
Unless you are purchasing a property through a sub-sale transaction then it would be absolute bollocks if the solicitors told you the agreement cannot be amended but still it cannot be termed illegal. It's just lazy. There's currently no law now to impose an obligation for solicitors to MUST amend sub-sale agreements and this is in line with the century old concept of "freedom to contract".
Bear in mind that the solicitors attending to your execution of the Sale and Purchase Agreement is NOT REPRESENTING YOU. They are representing the developer and assisting you. Ever wonder why developer bears your legal fees for the transaction?
If at all, the solicitor's duty lies with the developer.
For my case, I only asked the lawyer to amend the expiry date of the leasehold period but this was rejected by the lawyer as she mentioned that this is not allowed.Trying to amend the Schedule H is like trying to amend the law. Thus, nothing illegal here because it is done according to the law.
Unless you are purchasing a property through a sub-sale transaction then it would be absolute bollocks if the solicitors told you the agreement cannot be amended but still it cannot be termed illegal. It's just lazy. There's currently no law now to impose an obligation for solicitors to MUST amend sub-sale agreements and this is in line with the century old concept of "freedom to contract".
Bear in mind that the solicitors attending to your execution of the Sale and Purchase Agreement is NOT REPRESENTING YOU. They are representing the developer and assisting you. Ever wonder why developer bears your legal fees for the transaction?
If at all, the solicitor's duty lies with the developer.
Other buyers signed the SPA earlier before the land leasehold period was renewed, however for my purchase of this under-construction project is 1-2 years later where the land leasehold period had been renewed/extended. So I thought the SPA should reflects the new leasehold period. To me is weird that my SPA still need to follow the previous expiry date even though we're aware that such period has been extended.
Jun 16 2016, 08:54 AM

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