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 Let's Talk Properties. The Q&As, What would you like to know?

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1234_4321
post Jun 14 2021, 10:17 PM

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Hello all,

Would like to hear from your advise, the S&P signed and should be executed within 90 days, but the implementation of FMCO making the transfer not possible.

In case if the FMCO keep extending, am I legally have to pay the interest once it past 90 days? or there is some clause for buyer to exclude from this..


1234_4321
post Jun 28 2021, 08:08 PM

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QUOTE(bubblesbee @ Jun 17 2021, 12:02 AM)
Hi, do you mean that the s&p has been signed or not yet?

If you meant late payment interest for the payment of balance purchase price, kindly check your s&p if this clause was included in the agreement. Considering the pandemic has been more than a year, this clause shouldve been inserted in the agmt.

However, if it's not, you can get your lawyer to prepare a supplementary letter or email in writing for the vendor to waive the Late pymt int. to you due to the implementation of FMCO.

As for the latest FMCO, law firms in the conveyancing line are not allowed to operate but only work from home. Land offices are closed as well.

Hope this helps!
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QUOTE(mini orchard @ Jun 14 2021, 10:35 PM)
After 1 year into the pandemic with mco, cmco and rmco, your lawyer should have inserted a clause to safeguard you.

You should check with your lawyer if such a clause exist.

If is pre covid, if the purchaser delay in completing the transaction and not because of the vendor's fault, then interest is payable.
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QUOTE(YeohKW @ Jun 15 2021, 11:34 PM)
The lawyers are still able to work and open as usual. So better check with the lawyers on this matter. Force majure clause only valid if it’s a full lockdown like the first MCO where everyone are stuck at home.

Of cos, if both the purchaser and vendor agreed to extend the signing until FMCO is over, you can request for your lawyer to draft a supplementary letter on this to protect both parties.
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Hi All, Thanks for the reply.
Yes I've signed the S&P somewhere in Apr, and loan side not executed due to lawyer slow and bank request for some clause amendment.

S&P side dont have such clause to protect.. basically can only discuss with the seller to waive the cost, if he willing to..
and worse thing is, not too sure until when the FMCO will be...
1234_4321
post Jun 29 2021, 09:45 PM

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QUOTE(YeohKW @ Jun 28 2021, 10:42 PM)
Actually should be ok since bank and lawyer are able to operate. I recently got 2 cases completed during FMCO and 2 SPA signed in lawyer firm too.
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Yea.. my bank lawyer sucks..
He said he cant get Miti letter, and bank side pending for clause amendment since 30 May .. sweat.gif
1234_4321
post Jun 30 2021, 08:27 AM

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328 posts

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QUOTE(YeohKW @ Jun 29 2021, 11:20 PM)
Hmm… then your lawyer will have to communicate with the vendor properly regarding this matter to avoid penalty.
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Yeap hopefully.
But my spa and loan lawyer is diff lawyer.

But can clearly see the service level rendered between 2 lawyers in the difficult time…

 

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