Uncompleted Projects

Q1: What are the procedures to purchase a property from the developers?
Q2: Am I entitled to any refund if I do not wish to exercise the option?
Q3: Are there any special precautions which I should take note of before I sign an option?
Q4: How much time will I be given to pay each progressive payment?
Q5: What happens if I fail to make payments within the 14 days' notice of payment?
Q6: I have just bought a property that is still under construction, what is the document that I must have to prove my ownership?
Q7: What can I do if, the developer failed to deliver vacant possession of the unit to me by the date agreed in the developer's Sale & Purchase Agreement?
Q8: How is compensation for delay in legal completion calculated?
Q9: Is there a deduction for legal costs in a developer's sale and purchase?
Q10: Can I resell a property which I have purchased from the developer?
Q11: When do I need to pay for the property tax of a unit in an uncompleted project?
Q12: What is Defects Liability?
Q13: When does the liability period begin?
Q14: What are some examples of defects that the developer must rectify?
Q15: What should I do before I make a claim?
Q16: What do I do if the developer delays to repair the defects?
Q17: I discovered that the area of the unit that I purchased is smaller than what was stated in the developer's Sale & Purchase Agreement. What can I do?
Q1: What are the procedures to purchase a property from the developers?

The following are the steps to take:

a) You will first need to pay a booking fee which is 10% of the purchase price for the     exchange of the Option and Sale and Purchase Agreement.

b) Within 14 days after you've paid the booking fee, your lawyer will receive a Sale     and Purchase Agreement from the Developer. You must then sign the Agreement     and pay another 10% of the property in the following 3 weeks. During this time     you will also pay for the stamp duty.

c) After that, you should arrange for funds from the bank, and the CPF board for     another 80% of the purchase price to be paid in stages.

d) Once you have made all progress payments, the Legal title will be issued to you.


Q2: Am I entitled to any refund if I do not wish to exercise the option?

Yes, you are entitled to a refund of 95% of the booking fee if the purchase price is less than or equal to $200,000; and 90% if the purchase price is more than $200,000.

Q3: Are there any special precautions which I should take note of before I sign an option?

You should read the terms of the option carefully and make sure that they are agreeable to you. If you do not agree to any term in the option, you should get the developer to change it before you sign and accept the option.

 

Q4: How much time will I be given to pay each progressive payment?

The developer would send you a written notice 14 days before the payment is due.

 

Q5: What happens if I fail to make payments within the 14 days' notice of payment?

An interest will be levied on the outstanding amount. The interest chargeable is usually 2% above the prevailing prime rates of the major banks in Singapore.

 

Q6: I have just bought a property that is still under construction, what is the document that I must have to prove my ownership?

The executed Sale & Purchase Agreement is the proof of ownership.

Q7: What can I do if, the developer failed to deliver vacant possession of the unit to me by the date agreed in the developer's Sale & Purchase Agreement?

You should claim for damages because of the delay.

Q8: How is compensation for delay in legal completion calculated?

It is usually 10% p.a. on the total sum of the progress payments, you have paid from the date due for completion, and when the sale and purchase is transfered in your favour.

Q9: Is there a deduction for legal costs in a developer's sale and purchase?

Yes. There is a discount of 33 ½ % of the fixed scale costs.

Q10: Can I resell a property which I have purchased from the developer?

Yes, provided you have exercised the option and have paid the 20% of the purchase price. Then you need to sign the Deed of Assignment with your buyer, and inform the developer of the resale. Once the developer is notified, the developer he will enter into a new agreement with your buyer.

Q11: When do I need to pay for the property tax of a unit in an uncompleted project?

You need to do so when you receive the developer's written notice to take possession of the unit.

Q12: What is Defects Liability?
Defects liability is a 12-month warranty period. During this time, buyers may check for defects and ask for them to be rectified at the developer's expense.
Q13: When does the liability period begin?

The liability period begins when notice is served for you take possession of the property. This occurs when buyers attend a joint-inspection of the premises with the project manager.

Q14: What are some examples of defects that the developer must rectify?

Holes and cracks in tiles and walls are generally considered defects that the developer must rectify. Other defects may not be so clear-cut. The general rule of thumb is, the developer is liable for costs when he has not kept to the terms of the contract. Another method is to see whether an item fulfills the purpose for which it was built and whether it functions correctly.

 

Q15: What should I do before I make a claim?
Before reporting defects, you should make a list of all the defects you have discovered, and take photographs as proof of the defects. After that jot down the date on the list, and forward the list to the developer.
Q16: What do I do if the developer delays to repair the defects?

Under the Sales & Purchase Agreement, you are entitled to engage your own contractor if the developer does not repair the defects within one month. However, before you do that, you should write down the date when you've listed the defects, and the date when the list was given to the developer. Also you have to obtain reasonable quotations for the repairs, and record that 14 days' notice of such quotations was forwarded to the developer. The cost of repairs by your contractor may be charged to the developer's account. Evidence of defects should be in the form of photographs of the defective areas, and if possible, obtain a loss adjuster's report or a surveyor's report on the defects.

 

Q17: I discovered that the area of the unit that I purchased is smaller than what was stated in the developer's Sale & Purchase Agreement. What can I do?
Usually, the developer's Agreement state that if the true area is less than the area stated in the Agreement, the purchase price will be adjusted for the difference in excess of 3% of the agreed area, at the rate which the purchaser paid for each square metre of the unit.
 
 
 
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