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.
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 ..