2nd Appt

[Bongster 0]

I am a buyer of a resale flat. 2nd Appt with HDB has been scheduled for mid Jan 2011. Seller now says that his tenants can only move out in end of Jan 2011. (He tells me to take the key first and move in later, which I think is not fair to me). Flat will not be vacated till end Jan 2011. I am in good faith willing to push my 2nd Appt to end Jan 2011 so that I can get a vacant flat but I understand that this has to be a written agreement which both seller and buyer must agree and sign and then give to HDB.

i) What happens if I push the 2nd appt to end Jan and the seller's tenants still not ready to move out after my key collection?

ii) I understand that I am able to claim some interest/cash?? from the sellers if tenants does not vacate??

iii) Is there a template to this where I can download/cut and paste to ensure that I will be given a vacated flat end Jan 2011 and claim from seller if he does not hold his end of the bargain? At least this will ensure integrity.

iv) and if I were to claim? is this via HDB or some civil thing?

Kindly pls advice....very much appreciated. Thank You.

[chronograph 0]

It is best u re-schedule 2nd appointment.

i) What happens if I push the 2nd appt to end Jan and the seller's tenants still not ready to move out after my key collection?

Call police to help u.

ii) I understand that I am able to claim some interest/cash?? from the sellers if tenants does not vacate??

No, it is illegal. But most of the agent suggest u collect some $$.

iii) Is there a template to this where I can download/cut and paste to ensure that I will be given a vacated flat end Jan 2011 and claim from seller if he does not hold his end of the bargain? At least this will ensure integrity.

Once u completed 2nd appointment, the flat is legally yours. HDB will not help u on this, u have to ask seller to vacant immediately. I think your case is seller tenants. Again this kind of arrangement is illegal.

iv) and if I were to claim? is this via HDB or some civil thing?

Nothing to claim, call police to help vacant the flat.

Edited November 22, 2010 by chronograph

[Warrior88 0]

If on bank loan, check with your lawyer.

HDB Letter from Loh Swee Heng Deputy Director (Resale) Housing and Development Board

I REFER to the letter from Ms Cheryl Tan, “Tweak HDB resale flat rules to prevent abuse” (Dec 11).

Ms Tan suggested that HDB follow private practice, and deduct late completion interest from the sales proceeds if there is a delay on the part of the seller in the sales completion, before it is disbursed to the seller.

For private property transactions, any deduction will depend on the terms and conditions of the contract, and with the seller not disputing the contractual right of the buyer. We wish to clarify that, similarly, for HDB transactions, if there is no dispute from the seller, the interest can also be deducted from the sales proceeds. Hence, the practices are the same for both HDB and private property transactions

Edited November 22, 2010 by Warrior88

[bepgof 20]

I am a buyer of a resale flat. 2nd Appt with HDB has been scheduled for mid Jan 2011. Seller now says that his tenants can only move out in end of Jan 2011. (He tells me to take the key first and move in later, which I think is not fair to me). Flat will not be vacated till end Jan 2011. I am in good faith willing to push my 2nd Appt to end Jan 2011 so that I can get a vacant flat but I understand that this has to be a written agreement which both seller and buyer must agree and sign and then give to HDB.

i) What happens if I push the 2nd appt to end Jan and the seller's tenants still not ready to move out after my key collection?

ii) I understand that I am able to claim some interest/cash?? from the sellers if tenants does not vacate??

iii) Is there a template to this where I can download/cut and paste to ensure that I will be given a vacated flat end Jan 2011 and claim from seller if he does not hold his end of the bargain? At least this will ensure integrity.

iv) and if I were to claim? is this via HDB or some civil thing?

Kindly pls advice....very much appreciated. Thank You.

Actually you are buying the resale flat in tenancy. Beside buying the flat, you also buy the tenancy agreement which was earlier established between yr seller and the tenant.

1. You have the right to enjoy the "rental yield" from completion till tenant TA expires.

2. Seller is not supposed to remove a single asset which is needed to constitue a reasonable "rental" envirornment - chair, bed, table....cannot be moved always when seller is moving out! Don't tell me yr agent don't know this.

3. Extend 2nd appt till TA expires. You pay money(2nd appt), tenant & seller out. This is a fair one.

[therat 18]

I am a buyer of a resale flat. 2nd Appt with HDB has been scheduled for mid Jan 2011. Seller now says that his tenants can only move out in end of Jan 2011. (He tells me to take the key first and move in later, which I think is not fair to me). Flat will not be vacated till end Jan 2011. I am in good faith willing to push my 2nd Appt to end Jan 2011 so that I can get a vacant flat but I understand that this has to be a written agreement which both seller and buyer must agree and sign and then give to HDB.

If you take the key and let the tenant stay another 2 wk. It is illegal to rent out the HDB with MOP unless u stay inside.

BUT, think this way

Once 2nd appointment done. U start to pay housing loan, property tax, TC fee.

Tenant rental. Seller take.

Tenant deposit - who return back to tenant?

If seller don't return or MIA, will tenant ask from u?

Make ur life simple

Just call your HDB officer in-charge. Tell him/her, seller tenant is still staying in the unit.

You cannot complete the 2nd appointment.

i) What happens if I push the 2nd appt to end Jan and the seller's tenants still not ready to move out after my key collection?

Tenant need to move out before you collect the key.

Or else, you can call police. Say unlawful stay

ii) I understand that I am able to claim some interest/cash?? from the sellers if tenants does not vacate??

illegal.

Unless you stay inside the HDB. Or else, MOP

U didn't mention, the tenant rent a room or whole unit.

iii) Is there a template to this where I can download/cut and paste to ensure that I will be given a vacated flat end Jan 2011 and claim from seller if he does not hold his end of the bargain? At least this will ensure integrity.

iv) and if I were to claim? is this via HDB or some civil thing?

get a lawyer

[therat 18]

Actually you are buying the resale flat in tenancy. Beside buying the flat, you also buy the tenancy agreement which was earlier established between yr seller and the tenant.

1. You have the right to enjoy the "rental yield" from completion till tenant TA expires.

2. Seller is not supposed to remove a single asset which is needed to constitue a reasonable "rental" envirornment - chair, bed, table....cannot be moved always when seller is moving out! Don't tell me yr agent don't know this.

3. Extend 2nd appt till TA expires. You pay money(2nd appt), tenant & seller out. This is a fair one.

begof, this is HDB la. Not private property

HDB don't have purchase in tenancy one.

HDB don't allow. Will tio caught one.

Unless it is 1 room rental.

[Warrior88 0]

Get you agent to talk to seller to delay the completion date.

If seller still wanna keep completion date, then seller must pay late completion interest.

How to do ?

If on HDB loan, ask the HDB officer,

If on bank loan, ask your lawyer.

You lawyer will work out with the seller lawyer on the interest amount. If seller agree,

interest will be deducted from the seller sales proceeds, which means buyer pay less for the house. I remember my lawyer told me, its like around $90/day for the value of my house.

This is the legal way.

[Bongster 0]

Thanks for all your inputs and I welcome more. As a first time buyer I am still new to all this.

For me I have taken a HDB Loan.

Tenancy of seller is of the whole unit and not just one room.

Agent happens to be a friend of the seller and so he is not being very transparent with me. I somehow feel he is more on the seller's side.

I think what I would do now is

i) Push 2nd Appt Date to end Jan 2011. (This from what I know has to be done in writting with both signatures of seller and buyers). This is subject to if the seller is agreeable with postponing the 2nd Appt.

ii) IF the 2nd Appt is postponed to end Jan 2011 and the seller still has not vacated his tenants from the premises- I will Inform the HDB officer that I will be claiming interest from the seller for everyday that the seller's tenant overstays.

If the seller is not agreeable on the postponing of the 2nd Appt then I guess I will just have to start claiming interest from the first schedule date of the 2nd Appt.

I guess the HDB officer should be able to settle these claims?

I intend to do it in this sequence...How?

[bepgof 20]

I sold my 5 rm HDB in tenancy (while whole unit sublet out) in 2007. See my post somewhere. It was legal then.., now not too sure.

1. Should get whole of a copy of TA from agent, and forward to HDB officer, to delay the completion till end Jan. Good for both party. Action has to be quick, lawyer of both sides now take mid Jan as completion and started calculation the sums.

2. Or you can ask HDB officer if you can take over the tenancy, whether legal or not.

3. Obviously the agent has failed his/her duty to inform you of the tenancy ( how did you find out eventually?)Concurrently "shoot" his/her professionalism, ask him/her to absorb all "extra" cost involve, as a "standby".

4. I have a lady supplier whose husband is a prison officer (both PR) both stay in prison quarter, got a resale 5 rm and sublet out with approval from HDB. Got key, renovate & sublet within 2 months. MOQ does not apply appearantly.

Thanks for all your inputs and I welcome more. As a first time buyer I am still new to all this.

For me I have taken a HDB Loan.

Tenancy of seller is of the whole unit and not just one room.

Agent happens to be a friend of the seller and so he is not being very transparent with me. I somehow feel he is more on the seller's side.

I think what I would do now is

i) Push 2nd Appt Date to end Jan 2011. (This from what I know has to be done in writting with both signatures of seller and buyers). This is subject to if the seller is agreeable with postponing the 2nd Appt.

ii) IF the 2nd Appt is postponed to end Jan 2011 and the seller still has not vacated his tenants from the premises- I will Inform the HDB officer that I will be claiming interest from the seller for everyday that the seller's tenant overstays.

If the seller is not agreeable on the postponing of the 2nd Appt then I guess I will just have to start claiming interest from the first schedule date of the 2nd Appt.

I guess the HDB officer should be able to settle these claims?

I intend to do it in this sequence...How?

[Jgal 0]

4. I have a lady supplier whose husband is a prison officer (both PR) both stay in prison quarter, got a resale 5 rm and sublet out with approval from HDB. Got key, renovate & sublet within 2 months. MOQ does not apply appearantly.

its quite consistent .. if you live in quarters provided by employer , you could apply to rent out hbd.

Refer : -

http://www.hdb.gov.sg/fi10/fi10323p.nsf/w/...at?OpenDocument

In TS's case, of course, seller agent work for seller.. He's paid to do that, friend or not friend.

Agents are to act in flavour of the party they representing/employed by, just like any other another employee.

So dun expect him to speak / act in flavour of .. justices?

However, do hint to him that he is faciliting something illegal and if found out he will be in bigger problem than you. No more license to practice.

Edited November 22, 2010 by Jgal

[bepgof 20]

begof, this is HDB la. Not private property

HDB don't have purchase in tenancy one.

HDB don't allow. Will tio caught one.

Unless it is 1 room rental.

I've confirmed with agent, for hdb resale, seller CANNOT sell with tenancy.

Edited November 22, 2010 by bepgof

[Warrior88 0]

Thanks for all your inputs and I welcome more. As a first time buyer I am still new to all this.

For me I have taken a HDB Loan.

Tenancy of seller is of the whole unit and not just one room.

Agent happens to be a friend of the seller and so he is not being very transparent with me. I somehow feel he is more on the seller's side.

I think what I would do now is

i) Push 2nd Appt Date to end Jan 2011. (This from what I know has to be done in writting with both signatures of seller and buyers). This is subject to if the seller is agreeable with postponing the 2nd Appt.

ii) IF the 2nd Appt is postponed to end Jan 2011 and the seller still has not vacated his tenants from the premises- I will Inform the HDB officer that I will be claiming interest from the seller for everyday that the seller's tenant overstays.

If the seller is not agreeable on the postponing of the 2nd Appt then I guess I will just have to start claiming interest from the first schedule date of the 2nd Appt.

I guess the HDB officer should be able to settle these claims?

I intend to do it in this sequence...How?

Actually, your agent should co ordinate this matter and call HDB officer of the final outcome.

HDB may request an official letter of intent with both seller & buyer agreement before proceeding.

Best is to call the HDB officer, who may refer this to the HDB lawyer.

My case is around $90/day for $350k flat.

[Bongster 0]

Thanks for all the inputs. Very Much appreciated. I have spoken to Agent. Was informed that the necessary documents to push 2nd appt and claiming of interest for since tenants not ready to move out yet would be drafted ( 2 different letters ) and handed over to me by this coming Monday. Will keep you guys updated of the outcome.