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 Subsale refund of unutilized sinking fund

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nookie188
post Jul 24 2018, 08:19 AM

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QUOTE(hanhanhan @ Jul 24 2018, 06:44 AM)
no need to refund 'unutilized' sinking fund.

further, trying to identify the quantum of unutilized sinking fund for one parcel of unit within a strata development is a whole level of challenge right there.
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It is required under the law that the unutilized sinking fund has to be refunded to the vendor - so its not a matter of "need " ..

Based on my experience the purchaser's lawyer writes to the JMB/MC and request for the amount of unutilized sinking fund to be
calculated and then the amount is refunded by the purchaser at VP.

nookie188
post Jul 26 2018, 09:12 AM

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QUOTE(animegod @ Jul 26 2018, 08:17 AM)
After gathering much info, here is the conclusion.
Selller's lawyer writes to the JMB/MC and request for the amount of unutilized sinking fund. However, this has nothing to do with refund by JMB or buyer.
However, seller's lawyer could add the unutilized sinking fund into the payment of apportionment table, asking for a refund. There is nothing wrong with that, however buyer has no obligation to pay the amount. It just takes a simple letter from buyer's lawyer to revoke the undertaking as there is no provision in the S&P or housing development act & Regulations for the refund of outgoings incurred by the seller. Instead, there is a clear clause on seller's obligation to pay his or her own outgoings in full prior to posession by buyer, while the buyer takes over the obligation starting on the date of possesion or earlier depending on their agreements.

Hope this helps for buyers of subsale property.
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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 ..


nookie188
post Jul 26 2018, 10:20 AM

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QUOTE(cherroy @ Jul 26 2018, 09:36 AM)
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".
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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..
nookie188
post Jul 26 2018, 01:12 PM

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QUOTE(cherroy @ Jul 26 2018, 10:58 AM)
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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yes agree - it essentially boils down to mutual agreement between buyer and seller..

we are not talking about right or wrong here or whether it should be or should not be..- as long as both of them agree and sign on it its enforceable..

This post has been edited by nookie188: Jul 26 2018, 01:12 PM

 

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