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 Question on S&P/SPA (Completed Unit)

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TSFirstDuke
post Oct 21 2021, 05:25 PM, updated 5y ago

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Hi all,

I received a draft S&P/SPA from the lawyer for a completed property purchased directly from the developer. However, the S&P/SPA did not include any floor plan, layout, site plan or building specification.

I have checked with the lawyer, they said due to this being a completed unit, hence floor plan, layout, site plan or building specification are not required.

Can I check if this is true? Can we request the lawyer to add this into the S&P/SPA?

Thanks.
SUSIzzanobody
post Oct 21 2021, 05:51 PM

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Parking. Would like to know too.
DragonReine
post Oct 22 2021, 09:11 AM

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QUOTE(FirstDuke @ Oct 21 2021, 05:25 PM)
Hi all,

I received a draft S&P/SPA from the lawyer for a completed property purchased directly from the developer. However, the S&P/SPA did not include any floor plan, layout, site plan or building specification.

I have checked with the lawyer, they said due to this being a completed unit, hence floor plan, layout, site plan or building specification are not required.

Can I check if this is true? Can we request the lawyer to add this into the S&P/SPA?

Thanks.
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(I'm no legal expert, this is my personal experience je, anyone who knows better feel free to correct)

An SPA that doesn't have a schedule G/H under HDA (as you're buying a completed unit, presumably with certificate of completion and compliance to safety standards) is not required to have a floor plan/layout/building specification. Such plans are 'baked' into the standard under HDA because they're required to legally say "yes this is your unit, this is the building you're living in, we won't change the plans willy nilly as we construct".

Buying a completed unit direct from developer will look similar to a subsale contract. If you want building plan you'll need to ask for it, but developer is not obligated to give you.

This post has been edited by DragonReine: Oct 22 2021, 09:11 AM
ulala2021 P
post Oct 23 2021, 12:20 PM

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QUOTE(FirstDuke @ Oct 21 2021, 05:25 PM)
Hi all,

I received a draft S&P/SPA from the lawyer for a completed property purchased directly from the developer. However, the S&P/SPA did not include any floor plan, layout, site plan or building specification.

I have checked with the lawyer, they said due to this being a completed unit, hence floor plan, layout, site plan or building specification are not required.

Can I check if this is true? Can we request the lawyer to add this into the S&P/SPA?

Thanks.
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In normal cases, buying a completed property from the developer will not use the Standard Schedule G/H. The SPA will be tailor-made and most of the time is beneficial to the developer.
Due to the current pandemic, you may request the developer to insert all those documents if they are so desperate to sell.
that1337guy P
post Oct 27 2021, 11:20 AM

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yes, they're not legally obligated to insert layout plan for completed units.

best option would be to view the house first, and request for a copy of the layout from developer.
Masdank P
post Jun 26 2022, 02:13 PM

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How about new property still under construction ? It must have the floor plan drawing,etc.. in the S&P/SPA right ?
digitalz
post Jun 26 2022, 02:25 PM

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QUOTE(Masdank @ Jun 26 2022, 02:13 PM)
How about new property still under construction ? It must have the floor plan drawing,etc.. in the S&P/SPA right ?
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Different scenario. If you are buying under con / new project - there are required to provide the floor plan/drawing but then... how "specific" would be another matter because it varies from developers.
Masdank P
post Jun 28 2022, 03:24 PM

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QUOTE(digitalz @ Jun 26 2022, 02:25 PM)
Different scenario. If you are buying under con / new project - there are required to provide the floor plan/drawing but then... how "specific" would be another matter because it varies from developers.
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Is it a must by law to include the layout plan for that i purchased in the S&P ? Requested from the lawyer to include but was told if usually only include in S&P if it's condo or apartment type of property.
digitalz
post Jun 28 2022, 04:00 PM

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QUOTE(Masdank @ Jun 28 2022, 03:24 PM)
Is it a must by law to include the layout plan for that i purchased in the S&P ? Requested from the lawyer to include but was told if usually only include in S&P if it's condo or apartment type of property.
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Generally it will be subjected to Schedule G. Condo/apartment is Schedule H. Anyways, there's also floor plan requirement under the second schedule of schedule G so it should be there. Project not yet approved?
Masdank P
post Jun 28 2022, 06:09 PM

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QUOTE(digitalz @ Jun 28 2022, 04:00 PM)
Generally it will be subjected to Schedule G. Condo/apartment is Schedule H. Anyways, there's also floor plan requirement under the second schedule of schedule G so it should be there. Project not yet approved?
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The house is already under construction, ground and first floor, without the walls and roof yet. There's a letter attached in the S&P: notice of approval of building plans attached, i think is approved? In the first schedule (Copy of approved layout plan attach), only the site plan ( the drawing of the area, with sub lot numbers, road, ), sorry not in construction industry, but did google search "site plan", that should be called site plan. There's no floor plan for the unit that i going to purchased attached in the S&P.

Should i be worried about this ? sad.gif


digitalz
post Jun 29 2022, 08:11 AM

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QUOTE(Masdank @ Jun 28 2022, 06:09 PM)
The house is already under construction, ground and first floor, without the walls and roof yet. There's a letter attached in the S&P: notice of approval of building plans attached, i think is approved? In the first schedule (Copy of approved layout plan attach), only the site plan ( the drawing of the area, with sub lot numbers, road, ), sorry not in construction industry, but did google search "site plan", that should be called site plan. There's no floor plan for the unit that i going to purchased attached in the S&P.

Should i be worried about this ? sad.gif
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Site plan is Schedule 1. Schedule 2 should be the floor plan etc. That's weird though. What's in your Schedule 2 then? hmm.gif
Masdank P
post Jun 29 2022, 08:43 AM

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QUOTE(digitalz @ Jun 29 2022, 08:11 AM)
Site plan is Schedule 1. Schedule 2 should be the floor plan etc. That's weird though. What's in your Schedule 2 then?  hmm.gif
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Schedule 2 is Copy of letter of approval from appropriate authority.
Masdank P
post Jun 29 2022, 08:46 AM

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QUOTE(Masdank @ Jun 29 2022, 08:43 AM)
Schedule 2 is Copy of letter of approval from appropriate authority.
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Schedule 3 is the schedule of payment of purchase price

Schedule 4 is the building specification
digitalz
post Jun 29 2022, 09:09 AM

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QUOTE(Masdank @ Jun 29 2022, 08:43 AM)
Schedule 2 is Copy of letter of approval from appropriate authority.
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That's weird. The floor plan etc should be attached together no? The one I saw was with a floor plan confused.gif

 

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