Before signing SPA , can include a clause like there is no faulty, damage or any leakage on the property facilities?
I mean like to protect buyer interest? Is there such thing?

Some sellers are too cunning where in some case they hide out the condo facilities problem and the buyer suffer big loss on repairing and maintenance.

Please advice.

Warranty clause is included in the standard SPA template.

Applicable for subs ale?

No, new development only. If you want such a clause for subsale, discuss with the seller and have your lawyer go through the agreement before signing.

normally , the seller lawyer will not agree to this. the sub sale case nowadays are all as is where is basis.

time will come where this clause will be agreed by seller..

This post has been edited by mafa2801: Mar 14 2017, 09:45 AM

First off, what do you mean by "property facilities".

Are you referring to the common facilities like the gymnasium, swimming pool and other common properties within the development which is beyond the vendor's control?

If so then no man in its right mind would give you a warranty on the condition of such common properties. Asking for a warranty in this context is like asking the Malaysian Meteorological Department to not only predict the weather but also provide a guarantee that its prediction will come true.

However, if you are referring to the property (eg. the parcel itself) then yes, you may demand a certain warranty to its state nature and condition of it to be at least "as at the date of inspection".

Is there a difference between "as is where is basis" vs "as at the date of inspection";
and if different, which one is more advisable?

Just met a lawyer today for other things but we got into this topic

Once the buyer signs the S&P he fully accepts that he has seen, assessed, and agree the conditions of the property - save for major things like a HUGE crack, or the building dips by about 2cm from original conditions during the transaction..

So based on my understanding, no you are buying the house as-is. You can't complain nor is there any warranty on the property and its accessories

nobody will warranty condo facilities as it doesn't belong to them.

it belongs to JMB. any issue u have to bring it up with the JMB once you're the rightful owner.

and no, seller is not under any obligation to ask JMB to fix faulty stuffs like lift/playground before u sign the SPA.