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mini orchard
post Jul 23 2020, 01:41 PM

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QUOTE(digitalz @ Jul 23 2020, 10:28 AM)
Dear all, here are some of the points that I'd like to discuss on Vacant Possession (VP) and Extensions of Time (EOT).

I understand that there was a Federal Court case that don't allow the Extensions by the Housing Controller anymore.

Since SPAs nowadays has 24/36/48 or more for VP, how could those clauses still be valid after the case?

I saw few SPAs with 48 or more months but since that's not under the Schedule.. why are those clauses still there?  :confused:
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Dont understand ...

Clause and validity ?

If no clause on vp, how to know when to deliver vp ?
mini orchard
post Jul 23 2020, 03:07 PM

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QUOTE(digitalz @ Jul 23 2020, 02:49 PM)
To summarize, my question was why are there some VP clauses that states more than 24/36 months when the Housing Controller has no power to grant those extensions?
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Those are not regulated by any Act and is NOT extension.

Is to inform purchasers how long the property needed to be completed upon sign SnP.

Just like subsale, the norm is 3 + 1. But it can be 6 + 2 or 5 + 1 or whatever. As long is agreeable by seller buyer.

How else to know when to collect vp ?
mini orchard
post Jul 23 2020, 04:56 PM

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QUOTE(digitalz @ Jul 23 2020, 03:34 PM)
It is regulated under the HDA. 24 for landed/36 for high rise. Schedule G and Schedule H to be exact. There should be no changes to the schedules / time limits for VP from my understanding.

That's why it's very curious to see the differences the projects on the VP dates.
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Hope the following helps ...

Attached Image
mini orchard
post Jul 23 2020, 06:20 PM

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QUOTE(digitalz @ Jul 23 2020, 05:12 PM)
I understand that it was the case previously. But with the developments in law... see below.

Iprop

Even here Lawyer's site

This is one of the latest updates. That's why I am confused with some of the SPAs with the 48/54 months etc time frame. Does it not mean that any extension given by the same person/the KPKT is now invalid? rclxub.gif  :confused:
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My understanding ..

Those are without APDL approval or pending. So the extension part wasnt given out at all in the first place.

I think the developer took the risk of selling ahead pending approval. They hope to get it within a year. By then then it should be around 24/36 months.

Even some sold pending APDL having 24/36 months, but they dont stamp the SnP until the approval is obtained.
mini orchard
post Jul 24 2020, 10:24 AM

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QUOTE(digitalz @ Jul 24 2020, 10:02 AM)
That's why I am confused. After reading the case and asking around, that case made a lot of the SPAs very tricky now. Apparently the person that signed for the extensions have no power to do so and the things he did was considered... "not legal?" after the case because it's not under his powers to change anything under the HDA.
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Ask for the APDL before signing SnP if is 48 months or more.

 

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