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 Information not stated in SPA, right to request update SPA?

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TSdenzel88
post Apr 16 2022, 09:46 AM, updated 4y ago

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Hi All

I just received my SPA for a strata title landed house. I read through and i realised a few information were not there
1. Height of ceiling and house
2. thickness of wall
3. Sinking fees
4. Maintenance fees

Is it possible to request such information to be stated in the SPA or even rewritten before signage?

This post has been edited by denzel88: Apr 16 2022, 09:47 AM
mini orchard
post Apr 16 2022, 10:22 AM

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QUOTE(denzel88 @ Apr 16 2022, 09:46 AM)
Hi All

I just received my SPA for a strata title landed house. I read through and i realised a few information were not there
1. Height of ceiling and house
2. thickness of wall
3. Sinking fees
4. Maintenance fees

Is it possible to request such information to be stated in the SPA or even rewritten before signage?
*
No.
TSdenzel88
post Apr 16 2022, 11:24 AM

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QUOTE(mini orchard @ Apr 16 2022, 10:22 AM)
No.
*
Why so? SPA is not signed yet and often said an agreement between seller and purchaser
mini orchard
post Apr 16 2022, 11:59 AM

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QUOTE(denzel88 @ Apr 16 2022, 11:24 AM)
Why so? SPA is not signed yet and often said an agreement between seller and purchaser
*
You can try ..... I doubt seller will agree.

I believed you have oredi spoken to your lawyer b4 opening this thread.

This post has been edited by mini orchard: Apr 16 2022, 12:08 PM
Michaelbyz23
post Apr 16 2022, 03:22 PM

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This is new developer unit? Or subsale?
Usually these specifics not listed inside snp, I have not come across yet
Even for new developer units, they will only put a generic name/specs for the material used.
mushigen
post Apr 17 2022, 08:54 PM

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TS,
Besides the S&P, will you be signing a DMC or Services Agreement for the maintenance fee part?

QUOTE(Michaelbyz23 @ Apr 16 2022, 03:22 PM)
This is new developer unit? Or subsale?
Usually these specifics not listed inside snp, I have not come across yet
Even for new developer units, they will only put a generic name/specs for the material used.
*
Quality tiles, quality sanitary ware, etc...
DragonReine
post Apr 18 2022, 12:05 PM

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QUOTE(denzel88 @ Apr 16 2022, 11:24 AM)
Why so? SPA is not signed yet and often said an agreement between seller and purchaser
*
Because for under-construction projects, exact dimensions/costs will greatly restrict and cause headache for the developer (and indirectly to you) due to constant changes in raw materials, technology innovation, labour costs etc.

example: wall thickness, if something in future tech allows to make a thinner, cheaper, but structurally stronger and more resilient wall, if agreement enforces wall thickness it's detrimental to both you and the developer to use older tech/materials to stick to SPA defined thickness.

example: maintenance fees/sinking funds, if government suddenly abruptly increased minimum wages, the cost of labour for cleaning and maintenance will go up and cause changes in sinking/maintenance fees. If they're enforced too early this will cause problems in actually hiring contractors/staff fora maintaining the property.

This post has been edited by DragonReine: Apr 18 2022, 12:07 PM
TSdenzel88
post Apr 18 2022, 04:03 PM

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QUOTE(DragonReine @ Apr 18 2022, 12:05 PM)
Because for under-construction projects, exact dimensions/costs will greatly restrict and cause headache for the developer (and indirectly to you) due to constant changes in raw materials, technology innovation, labour costs etc.

example: wall thickness, if something in future tech allows to make a thinner, cheaper, but structurally stronger and more resilient wall, if agreement enforces wall thickness it's detrimental to both you and the developer to use older tech/materials to stick to SPA defined thickness.

example: maintenance fees/sinking funds, if government suddenly abruptly increased minimum wages, the cost of labour for cleaning and maintenance will go up and cause changes in sinking/maintenance fees. If they're enforced too early this will cause problems in actually hiring contractors/staff fora maintaining the property.
*
Well said. Thanks for the detailed explanation and examples
mini orchard
post Apr 18 2022, 05:39 PM

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QUOTE(denzel88 @ Apr 18 2022, 04:03 PM)
Well said. Thanks for the detailed explanation and examples
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If one is buying from developer, the SnP terms cannot be changed as it is the standard agreement as prescribed in the HDA.

If one is buying subsale, seller cannot guarantee technical specs as he is not the developer. Maintenance and SF is between new owner and JMB and not with seller anymore.

Subsale is sold as it basis including completed developer units

Is similar to buyer asking the used car seller to guarantee the car parts are all original.

This post has been edited by mini orchard: Apr 18 2022, 06:19 PM
TSdenzel88
post Apr 19 2022, 06:53 PM

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QUOTE(mini orchard @ Apr 18 2022, 05:39 PM)
If one is buying from developer, the SnP terms cannot be changed as it is the standard agreement as prescribed in the HDA.

If one is buying subsale, seller cannot guarantee technical specs as he is not the developer. Maintenance and SF is between new owner and JMB and not with seller anymore.

Subsale is sold as it basis including completed developer units

Is similar to buyer asking the used car seller to guarantee the car parts are all original.
*
thanks for the info 😄

 

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