QUOTE(nookie188 @ Jul 26 2018, 09:12 AM)
Thank you for sharing..
I stand corrected if I got my facts wrong..
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 ..
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. I stand corrected if I got my facts wrong..
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 ..
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".
Jul 26 2018, 09:36 AM
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