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 Subsale refund of unutilized sinking fund

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cherroy
post Jul 26 2018, 09:36 AM

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QUOTE(nookie188 @ Jul 26 2018, 09:12 AM)
Thank you for sharing..
I stand corrected if I got my facts wrong..smile.gif

Sinking fund could fall under the interpretation of "outgoings" by seller which include assessment fee, fire insurance, quit rent etc..

In some SPA, it would be stated clearly what constitute "outgoings" and if sinking fund is mentioned and the agreement is effected as such, then
the buyer would be required to pay for the unutilized sinking fund. However if it is not stated, then its a point of contention. For me I prefer this outgoings
to be specified in the SPA so its clear for both parties.

Terms in the SPA in the subsale/secondary market is essentially not governed by any Act but based on agreement between both parties following "market practice as far as I can understand but any clauses must not contravene existing laws for eg..agreement not to pay deduct rpgt  ..
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Mostly, for ordinary people when mentioning the sinking fund, they are referring to the sinking fund that paid together with maintenance fee to the JMB/MC, which is normally won't be refundable by JMB/MC.

Yes, it is pretty common those assessment fee, quit rent, insurance being apportion to be paid by the buyer, as those considered being paid "advance".
cherroy
post Jul 26 2018, 10:58 AM

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QUOTE(nookie188 @ Jul 26 2018, 10:20 AM)
Actually we were referring to the refund of unutilized sinking fund paid by seller at the time when he sells the property...

It is not a refund by JMB/MC but actually a reimbursement of unutilized sinking fund by BUYER..

I only found out about this when my fren sold her property and the buyer's lawyer ( she was  not represented)
refunded her the sinking fund (not specified  in the SPA) under apportionment of expenses... It was not much less than 2k for a
3 yr old prop

Many people are not even aware that this is even possible..
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Miss read your previous post about the outgoing issue on sinking fund.

Ya, the outgoing which included sinking fund (except those being paid in advanced) can be subjected to contention.
As sinking fund generally is paid monthly together with maintenance fee.
We know unutilised maintenance fee paid (or surplus in management account of JMB/MC) generally is not considered outgoing item.

So it is down to mutual agreement, and better list out one by one, instead just put the word "outgoing".




 

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