All outgoings paid prior to VP are considered 'utilised'. Whether money used or otherwise is inmaterial.

All outgoings paid in advance are refundable upon vp date.

In my opinion, the earlier sinking fund is for wear and tear replacement where the seller have 'enjoyed'. If there is no replacement or repair done, it doesnt mean that it wont breakdown. The element of depreciation, wear and tear are there.

The purchase / selling price will have to include all those ... price appreciation / depreciation of the said property and depreciation, wear and tear of the common property facilities.

To avoid further disputes, can both meet half way as a compromise. In worst case, you may want to pay full.

You can say is unfair but I dont see how the problem can be resolved if the agreement is there and if seller refused to compromise unless you go to court for a decision.

In life, we learn from mistakes.

How much is tbe amount ?

This post has been edited by mini orchard: Mar 17 2022, 05:23 PM

Clauses in subsale SnP are negotiable.

It can be common practice but is generally not a fair term. A buyer who knows will not sign the agreement and abort the deal. Similar if both cannot agreed on the price, there is no sale. Who cares what is market price when common practice is to follow market price.

One cannot say that the monthly maintenance collections are used 100% monthly. There is the element of 'over' collection. In the yearly agm when the accounts are tabled, there bound to have excess income over expenditure. Can seller account for that also ?

You dont need to argue with the seller on the reasons as it will only make matter worst. Just ask him whether he can compromise 50% out of goodwill. If he dont agree, you have no choice and to pay.

This post has been edited by mini orchard: Mar 17 2022, 06:36 PM