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 SPA Render Null and Void , Purchaser default, what do i do to cancel SPA?

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TSseongmeng
post May 19 2023, 10:11 AM, updated 3y ago

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I am seller and signed SPA on 2018 , stamped and collected 10% Deposit.

Purchaser failed to pay balance untll now.



in the SPA mentioned:

In the event of purchaser failing to pay the balance Sum within time stipulated, Vendor shall be entitled to terminate this agreement following consequences clauses:

a) this agreement shall rendered null and void and the parties hereto shall have no claim or further claim against each other save and except for past breaches.




is the above mean this agreement will be automatically terminated ? or what should i do to terminate this SPA ?
anakkk
post May 19 2023, 10:15 AM

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huh? alredy 5 years still not settled? better ask your lawyer
matrix88
post May 19 2023, 10:42 AM

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wow, TS, you waited 5 years for the payment?
hanhanhan
post May 19 2023, 05:27 PM

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QUOTE(seongmeng @ May 19 2023, 10:11 AM)
I am seller and signed SPA on 2018 , stamped and collected 10% Deposit.

Purchaser failed to pay balance untll now.
in the SPA mentioned:

In the event of purchaser failing to pay the balance Sum within time stipulated, Vendor shall be entitled to terminate this agreement following consequences clauses:

a) this agreement shall rendered null and void and the parties hereto shall have no claim or further claim against each other save and except for past breaches.
is the above mean this agreement will be automatically terminated ? or what should i do to terminate this SPA ?
*
why havent pay balance? either ask ur lawyer or read the SPA urself see what is the issue.

u need to issue termination notice. it doesn't auto terminate.
LazyCat666
post May 19 2023, 05:39 PM

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2018?? What is the reason for delay?
VireCwx
post May 19 2023, 06:09 PM

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Chronology of this story would enlighten /k on how the hell it got delay till today.
Plus you and your lawyer dont even talk to each other and keep in touch from 2018 till now?
Not even a single call, email or even whatsapp?
forever1979
post May 22 2023, 05:19 PM

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could be developer wound up, master title & liquidator issue ?
mushigen
post May 24 2023, 11:54 PM

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QUOTE(forever1979 @ May 22 2023, 05:19 PM)
could be developer wound up, master title & liquidator issue ?
*
TS is the seller.
TSseongmeng
post May 26 2023, 10:03 AM

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It is a sub sales

The buyer cant pay me balance , so i charge him 8% per annum for 1 year, then he asked me on hold this process, and he rent the house from me until now. But now rental also no paid like 7-8 months.

so i want to cancel this SPA and sell to other
DragonReine
post May 26 2023, 03:13 PM

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QUOTE(seongmeng @ May 26 2023, 10:03 AM)
It is a sub sales

The buyer cant pay me balance , so i charge him 8% per annum for 1 year, then he asked me on hold this process, and he rent the house from me until now. But now rental also no paid like 7-8 months.

so i want to cancel this SPA and sell to other
*
Better to seek the lawyer that did your SPA documentation and get their advice, since the delay is so long.

There should be a clause somewhere in SPA that indicates the time limit of settling the balance of purchase price and/or any action needed to be undertaken by you as the seller (need to inform the original buyer that you're terminating officially by registered mail etc.). Cancellation of subsale SPA isn't a clean process that's easily to do with advice from LYN forum, because depends on the terms of your SPA.

 

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