QUOTE(hanhanhan @ Oct 22 2018, 11:45 PM)
at least must pay 2-3% booking fee first to 'secure' the unit. inform ur lawyer to draft the SPA to reflect as such.
if he want to withdraw epf to pay deposit, he must take the stamped SPA + loan letter offer as part of the documentations needed to withdraw epf.
if after he withdraw and cancel, it's deemed as "purchaser's breach of SPA" and you are entitled to sue him for 10% of the purchase price as liquidated damages (usually SPA will have this clause, so make sure it's stated in there).
if he want to withdraw epf to pay deposit, he must take the stamped SPA + loan letter offer as part of the documentations needed to withdraw epf.
if after he withdraw and cancel, it's deemed as "purchaser's breach of SPA" and you are entitled to sue him for 10% of the purchase price as liquidated damages (usually SPA will have this clause, so make sure it's stated in there).
QUOTE(hanhanhan @ Oct 22 2018, 11:49 PM)
wrong. S&P is just a document to spell out the sale and purchase transaction.
"full purchase price has to be paid to the seller's lawyer as stakeholder" is usually the point where beneficial ownership is transferred.
legal ('paper') ownership does not transfer via S&P.
it's either under
1) Memorandum of Transfer "MOT" (Borang 14A) - for properties with title issued; or
2) Deed of Assignment "DOA" - for properties without title issued yet.
Good info, thanks for sharing"full purchase price has to be paid to the seller's lawyer as stakeholder" is usually the point where beneficial ownership is transferred.
legal ('paper') ownership does not transfer via S&P.
it's either under
1) Memorandum of Transfer "MOT" (Borang 14A) - for properties with title issued; or
2) Deed of Assignment "DOA" - for properties without title issued yet.
Oct 27 2018, 06:48 AM

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