Propsocial property sales purchase agreement signing contract
Logo3 small

每当购买物业,签署各种文件仿佛是一种永无止境的过程。尽管如此,房屋买卖合约是绝不能忽略的最重要文件 —— 或简称为 SNP 或 SPA。

买卖合约详细记载了物业售价、条款和条件等内容,对象为买卖者双方(大部分状况是买家对发展商)。交易明细将根据合约进行,从付款方式、交房日期到物业细节等。

即使是物业的具体规格也能在买卖合约中找到,如固有配备、附属设备、天花板高度、建筑材料和停车位(若是多层住宅)。相关内容皆适用于新屋和转售房屋。

因此,拿到买卖合约之后的当务之急就是:在你签署买卖合约受到法律约束之前将其内容研究透彻。就像你买物业要先看展示屋那样,一份买卖合约会告诉你所有的细节 - 即使是“展示屋”中展示有误的部分。


关注重点

不幸的是,大多数人的买卖合约并不符合标准,譬如在双方已议定的物业价格或其他协议上有所增删。但好消息是,在半岛区内,因1989年房屋发展(管制和准证)法令规定,买卖合约需有其标准规格。

根据标准,发展商可以更动的只有提供更好的条件如:提早交房日期或更长的保修期。这些固定条款和标准都能有效减少买卖合约所可能产生的法律纠纷。

尽管这套标准只适用于发展商销售的一手物业,但它依然是其他买卖合约重要的拟定方针,包括在转售物业或商用物业的买卖合约上。


付款方式

另一个你需要在买卖合约关注的就是付款方式。作为买方,千万要当心在不知情的状况下违反合同。如果是从发展商手下买下房屋,在买卖合约中的第三部分则会有清楚注明付款方式与阶段。

如果购买的是转售物业,这方面的过程会更容易,原因在于转售物业一般上已经随时准备交接,所以交房期限也较短。通常的流程是买方在签署双方意向书后先给付2%~3%作为订金,签署买卖合约期间付10%作为首期,剩下的90%在签署买卖合约后的三个月内缴清。

而3个月缴清期偶尔会自动延长一个月,不过这将会产生逾期利息( late payment interest)。


交屋期限

这是大家常会问的问题。根据法律,新房屋能够让业主随时入住才能定义为包空屋(vacant possession)。换句话说,交屋的日子就是发展商交付物业的钥匙和入门卡那天为准。而一般的标准期限是:有地住宅24个月,分层住宅36个月。

而转售物业的交屋期限要短得多,一般都在缴清付款后的3至5天内。虽然这可能会在买卖双方有其他共识下有所变动。不过实际上,买家已经是法定拥有人,只是还没获得钥匙。另一方面,租户分配、租金收益等诸如此类的权益也已经转移至买家。


保修期

如果是从发展商手中购买第一手房屋,那你就必须看清楚这一项条款。这是从发展商交屋后你能享有的房屋保修权利(房屋出现任何缺陷,发展商都有责任依照合约修理)的期限。通常的保修期在六个月左右,视发展商而有所不同。

但如果是转售物业,你就会发现这项条款在买卖合约里“失踪”了。这是因为前业主并没这义务。因此,在购屋前你必须做仔细的检查,查看所有的家居必要如排水系统管道配备、有否漏水和电路供应等等。如果卖家同意进行修复,请确保让律师列入买卖合约中。


总结一切

购买物业可能会是你毕生中一个最大的交易。所以,要细心了解、不耻下问。别试图心存侥幸,以免之后才发现出错。

有什么不清楚的问题,可询问律师。如果销售代理同意提供额外优惠,如空调等,请确保在买卖合约中有说明。还未完全了解和确定买卖合约内该有内容的情况下,请不要贸然签名。



(Translated by: Gabriel Ngiam, 27th October 2016)

SHARE THIS TOPIC


Signature 28 logo  custom  small

Great article! Nowadays i believe most developer give "free" SnP and legal fee? They probably mark up their prices to cover it.


307988 277857705557864 1942731477 n small

Yup. When signing SPA don't rush, take your time to read and understand the clauses in the SPA, and feel free to ask the lawyer any legal related matters. If you have any commercial questions in relation to the property, there is no point asking the lawyer. 

Signature 28 logo  custom  small

sometimes the built up area advertise in the brochure and land area does not come close to the figures in the SnP... but i can see that majority of owners don't bother to peruse through before signing on each sheet... maybe the excitement and suspense of property ownership...

307988 277857705557864 1942731477 n small

I think so long as they could secure a property in that desire area, the built up area is something they could tolerate with as upon delivery if the built up area is a few % bigger or smaller than the SPA stated most would be subject to a refund or something. 

Signature 28 logo  custom  small

"APPROXIMATE" is the keyword they always use....

James bond craig junio2006 small

Most of us won't really take the time to read the entire SPA. 

I have a few questions though:

1) If it's a commercial land title property but for residential usage, is it normal for them not to state the time of completion?

2) If it's a commercial land title property but for residential usage, will they still compensate if the handover of key (completion of development) is delayed by 1 year, but the time of completion is not stated in the SPA?

Signature 28 logo  custom  small

How about using as short term stay through Airbnb? no long commitments, can also meet lots of people from all around world.

Screen shot 2016 01 21 at 8.27.17 pm small

(Pos ini telah dikeluarkan oleh pengarang)

307988 277857705557864 1942731477 n small

@James Bob...I think not reading the terms and conditions is something common in Malaysia, but these terms are binding upon parties of the contract, so it is necessary to run through it...in the event of signing SPA i'm sure every purchaser would be interested in a few questions: 

late payment interest; delivery of vacant possession; manner of delivery; late delivery penalty; defect liabilities; loans; default termination; common facilities; adjustment rate; the schedule of payments; the schedule on the description of properties; specifications schedule; site plan; floor plan..etc. 

To answer your questions I don't think anyone is going to sign an SPA without a clause on the delivery of vacant possession. If any, I'm sure the lawyer drafting the SPA is not doing the job right. LOL

Just my 2 cents...

James bond craig junio2006 small

Lee Shun Zhong, I spoke to a few people, apparently, if it's a commercial title property, developers are not required to commit vacant possession in the SPA. Is this true? You seemed very experienced, thought you might help clarify this :)

307988 277857705557864 1942731477 n small

(Pos ini telah dikeluarkan oleh pengarang)

307988 277857705557864 1942731477 n small

James, I think I get what you meant now. 

I think this is something technical and well drafted by the SPA solicitor for the developer. And that's why when we are looking into commercial SPA, we must take extra caution when running through the clauses. What is meant by not required to commit VP I assumed it's actually written in the manner of delivery of VP. 

Maybe that's when it was challenge. Correct me if I'm mistaken. 

James bond craig junio2006 small

Lee Shun Zhong, yes that's correct. Meaning they are not required to put it in writing on the actual VP date. If this is true, then what happens if they delay the completion of the development for a year or several years?

307988 277857705557864 1942731477 n small

James, in such situation I think only a real attorney can help you. Haha...as I yet to reach that level, I'm also not so sure about it either. Let me know about it if you found the answer. 

Referring back to the article above: 

**If you are not sure of anything, ask your lawyer.......Do not sign your SPA until you completely understand it and are very sure that everything you were promised is stated in it.**  

A case study for the delay in completion maybe we could refer it to one of the on going mega project (not going to name it.), the residents there might be able to give you an answer for your question. 

Whereas in my opinion, when such delays happened it is best to setup a meeting and talk to the developers. Developers want the money, purchasers/investors want the property. If it becomes a headline don't think it's good for the investors nor the developers. But hey, today's people are all about exercising their rights. I'm sure a lot of people will curse me on my opinion about this issue. LOL. Anyway, it's just my 2cents. Critics are welcome.  


James bond craig junio2006 small

Sadly, my lawyer is the developer's lawyer, which most like the SPA was drafted by them? Lol.

307988 277857705557864 1942731477 n small

HAHA...yes! Developer's lawyer. They should have let you sign a letter on the acknowledgement that they are representing the developer. 

At most you can only bring the case to a tribunal. How long has it delayed? LOL. Can drop some hint on the project or developers name? I go Lowyatt see see...

307988 277857705557864 1942731477 n small

James, have you try going through the Housing Tribunal? 

James bond craig junio2006 small

About a year. It's supposed to be ready by Jan 2017 but now postponed to Jan 2018. Their reason was because the piling took longer than expected due to some complications. 

No, I haven't been to Housing Tribunal because I wanted to be sure of my rights beforehand.

307988 277857705557864 1942731477 n small

Hmm...I'm not the right guy to give any advice. 

Haha..but I do have some contacts whom I could refer to you. But we can't PM here. LOL. You could PM me via Facebook. Name is the same as displayed. Maybe I have the right person who could advice you accordingly before taking any action. 

My opinion would be a resolution through Housing Tribunal la. 

James bond craig junio2006 small

It's ok, don't worry about it. It's just an open discussion :) I wasn't expecting you to get me out from this situation. Lol.

65648440 2406793556070448 9165628430648082432 o small

@admin_ps thanks for sharing