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FORM D
Rule 12 (1)
SALE AND PURCHASE AGREEMENT
An Agreement made between ________________________________ of Housing Developer’s Licence
No. ________ (the Vendor) and of _____________________________ (the Purchaser) on __________.
1. General
1.1 Definations
1.1.1 In this Agreement —
"Agreement" means this Agreement entered into between the Vendor and the Purchaser for the sale and purchase of the
Property;
"authorised deductions" means deductions from the Purchase Price which —
(a) are specified in a duly served notice under clause 5.2 (a) or 5.5; and
(b) the Purchaser is entitled to make under this Agreement;
"Base Rate" means the average of the prevailing prime lending rates of the Development Bank of Singapore, the Overseas
Chinese Banking Corporation, the Overseas Union Bank and the United Overseas Bank, rounded downwards to the nearest one-eighth
of 1%;
"Booking Fee" means the booking fee of $ paid as consideration for the grant of the Option to purchase the Property
dated _______________;
"Building" means the *detached/semi-detached/terrace house *built/to be built/being built by the Vendor on the Property
as one of the building plots in the Housing Estate;
*Delete whichever is inapplicable.
"Commissioner of Building Control" means the Commissioner of Building Control appointed under the Building Control
Act (Cap. 29);
"Certificate of Statutory Completion" means the Certificate of Statutory Completion issued by the Commissioner of Building
Control under the Building Control Act;
"certified copy" , in relation to any document, means a copy of that document which is certified by the Vendor’s
solicitors to be a true copy thereof;
"Commissioner of Buildings" means the Commissioner of Buildings appointed under the Building Maintenance and Strata
Management Act 2004 (Act 47 of 2004);
"Competent Authority" means the competent authority appointed under the Planning Act (Cap. 232);
"Controller of Housing" means the Controller of Housing appointed under the Housing Developers (Control and Licensing)
Act (Cap. 130);
"Completion Date" means the date on which completion takes place in accordance with clause 16;
"defect" means any fault in the Building which is due either to defective workmanship or materials or to the Building
not having been constructed according to the Specifications;
"Final Payment Date" means a date which is 12 months after the date of receipt by the Purchaser of the Notice of Vacant
Possession in respect of the Property;
"Housing Estate" means the housing estate known or to be known as ____________ and *built/being built/to be built by
the Vendor under approved Building Plan BP No. _________;
*Delete whichever is inapplicable.
"Notice of Vacant Possession" means a notice by the Vendor to the Purchaser under clause 13.3 to take vacant possession
of the Property;
"Notice to Complete" has the same meaning as in clause 16.1;
"Purchase Price" means the sum of $_________;
"qualified person" has the same meaning as in the Building Control Act (Cap. 29);
"Specifications" means the specifications set out in the Second Schedule;
"Singapore Academy of Law" means the Singapore Academy of Law established by the Singapore Academy of Law Act (Cap.
294A);
"Temporary Occupation Permit" means the temporary occupation permit issued by the Commissioner of Building Control
under the Building Control Act;
"the Payment Schedule" means the Payment Schedule set out in clause 5.1;
"the Property" means one of the building plots in the Housing Estate known or to be known as (address) , comprising
an estimated land area of _____________ square metres in the District of ______ in the Republic of Singapore, being part of
Government Resurvey Lot ____ of *Mukim/TS _____ and forming part of the land contained in *Grant No./State Lease No. _______,
TOGETHER with the Building *erected/being erected on the land (more particularly delineated in red in the Plan in the First
Schedule);
*Delete whichever is inapplicable.
"the Purchaser’s solicitors" means (name and address of person or firm);
"the Vendor’s solicitors" means (name and address of person or firm);
"Transfer Date" means the date specified in clause 13.1;
"Unit Purchase Price" means $_____ per square metre;
"Vendor" and “Purchaser” include the personal representatives and the successors in title of the Vendor
and Purchaser, respectively;
"working day" means any day from Monday till Saturday (inclusive) which is not a public holiday.
1.1.2 Words importing the singular shall include the plural and vice versa.
1.1.3 Words importing one gender shall include the other gender.
1.1.4 Any reference in this Agreement to any written law shall be a reference to the written law as it applies at the
date of this Agreement.
1.1.5 If there is more than one vendor or more than one purchaser, the obligations which they undertake under this
Agreement can be enforced against them all jointly or against them individually.
1.2 Service of Notices
1.2.1 Every notice required or authorised under this Agreement must be in writing.
1.2.2 Any notice or document required or authorised under this Agreement to be delivered or given to or by a party
shall be sufficiently delivered or given if delivered or given to or by that party’s solicitors in accordance with clause
1.2.3.
1.2.3 Notices or documents sent by the following means are to be regarded as served:
| (a) by post in a registered letter addressed to the party to be served at his last known residence or place
of business |
the time such letter would in the ordinary course be delivered unless the letter is returned through the post
undelivered. |
| (b) by telex or telegraphic facsimile transmission to the party to be served |
on the day of transmission if sent before 4 p.m. on a working day or 12 noon on a Saturday, or otherwise on
the next working day. |
| (c) by personal delivery at the last known residence or place of business of the party |
on the day of service. |
1.2.4 Notwithstanding clauses 1.2.2 and 1.2.3, every notice required or authorised under this Agreement to be given
or delivered to or by the Singapore Academy of Law must be delivered or given in accordance with the relevant Rules made under
the Singapore Academy of Law Act (Cap. 294A).
1.2.5 Any notice or document required or authorised under this Agreement to be signed by a party shall be sufficiently
signed if signed on behalf of that party by that party's solicitors.
2. Agreement for Sale and Purchase
The Vendor will sell and the Purchaser will buy free from all encumbrances
*the estate in fee simple/the estate in perpetuity/the remainder of the leasehold estate for a term of ____ years commencing
from _____ in the Property at the Purchase Price.
*Delete whichever is inapplicable.
3. Terms of Sale
The Property is sold subject to —
(a) the terms in this Agreement; and
(b) the Singapore Law Society’s Conditions of Sale 1994 so far as they are applicable to a sale by private treaty
and are not varied by or inconsistent with the terms of this Agreement.
4. Purchase Price
The Purchase Price is to be paid in the manner set out in this Agreement.
5. Payment Schedule
5.1 The Purchase Price must be paid by the Purchaser to the Vendor in instalments according
to the Payment Schedule below, subject to the variations in clauses 5.3, 5.4 and 5.15.
|
Payment Schedule |
| 1. Upon signing this Agreement |
20% of the Purchase Price (inclusive of the Booking Fee) |
| 2. Within 14 days after the Purchaser receives the following notices from the Vendor: |
|
| (a) Notice that the foundation works of the Building have been completed |
10% of the Purchase Price |
| (b) Notice that the reinforced concrete framework of the Building has been completed |
10% of the Purchase Price |
| (c) Notice that the brick walls of the Building have been completed |
5% of the Purchase Price |
| (d) Notice that the roofing of the Building has been completed |
5% of the Purchase Price |
| (e) Notice that the door and window frames are in position, and that the electrical wiring (without fittings),
the internal plastering and the plumbing of the Building have been completed |
5% of the Purchase Price |
| (f) that the car park, roads and drains serving the Housing Estate have been completed |
5% of the Purchase Price |
| 3. Within 14 days after the Purchaser receives — |
25% of the Purchase Price |
| (a) a Notice of Vacant Possession and either the Temporary Occupation Permit or Certificate of Statutory Completion
in respect of the Building (or a certified copy thereof); and |
|
| (b) a certificate by the qualified person engaged by the Vendor that the Building and all roads and drainage
and sewerage works in the Housing Estate have been completed, and that water and electricity supplies, and gas supplies (if
any), have been connected to the Building. |
|
| 4. On Completion Date |
15% of the Purchase Price payable as follows: |
| |
(a) 2% of the Purchase Price to the Vendor; and |
| |
(b) 13% of the Purchase Price to the Singapore Academy of Law as stakeholder. |
5.2 The Purchaser shall, within 4 working days after receiving from the Vendor a Certificate
of Statutory Completion relating to the Building (or a certified copy thereof), serve —
(a) on the stakeholder that Certificate (or copy thereof) and a notice of deductions from the Purchase Price which
he desires to make under clause 17.3; and
(b) on the Vendor at the same time, the same notice of deductions from the Purchase Price.
5.3 The stakeholder must pay to the Vendor the sum referred to in item 4 (b) of the
Payment Schedule as follows:
| (a) within 7 working days after the stakeholder receives from the Purchaser the Certificate of Statutory Completion
relating to the Building (or a certified copy thereof) served in accordance with clause 5.2 |
8% of the Purchase Price less all authorised deductions which the Purchaser is entitled to make under clause
17.3 |
| (b) on the Final Payment Date |
5% of the Purchase Price less all authorised deductions |
5.4 If the Certificate of Statutory Completion relating to the Building is issued before the
Completion Date, then instead of the arrangements in item 4 of the Payment Schedule above, the Purchaser must pay the last
instalment of 15% of the Purchase Price in the following manner:
| (a) within 14 days after the Purchaser receives the Certificate of Statutory Completion (or a certified copy
thereof) |
13% of the Purchase Price is to be paid as follows: |
| |
(i) 8% of the Purchase Price shall be paid to the Vendor; and |
| |
(ii) 5% of the Purchase Price shall be paid to the Singapore Academy of Law as stakeholder who shall, on the
Final Payment Date, pay to the Vendor that sum less all authorised deductions. |
| (b) on Completion Date |
the balance 2% of the Purchase Price shall be paid to the Vendor. |
5.5 If the Purchaser desires to make deductions from the 5% of the Purchase Price held by the
stakeholder under this Agreement, the Purchaser may serve on the stakeholder and Vendor a notice of deductions from the Purchase
Price.
5.6 The notice of deductions under clause 5.5 must be served on the stakeholder and Vendor at the same time and at
least 7 working days before the Final Payment Date.
5.7 If the Vendor disputes all or any part of the deductions specified in the Purchaser’s notice of deductions
under clause 5.2 (a) or 5.5, the Vendor may serve on the stakeholder a notice stating the amount of deductions in dispute
and the amount not in dispute, if any.
5.8 The notice referred to in clause 5.7 must be served on the stakeholder at least one working day before the due
date for payment under clause 5.3 (a) or the Final Payment Date, as the case may be.
5.9 If a notice of deductions referred to in clause 5.2 (a) or 5.5 is duly served on the stakeholder in accordance
with clause 5.2 or 5.6, as the case may be, or a notice referred to in clause 5.7 is duly served on the stakeholder in accordance
with clause 5.8, then, notwithstanding clauses 5.3 and 5.4, the stakeholder shall be entitled to —
(a) pay to the Vendor on the relevant due date for payment under clause 5.3 or 5.4, as the case may be, the stakeholding
money due less the amount of deductions notified by the Purchaser under clause 5.2 or 5.6;
(b) pay to the Purchaser the amount of deductions notified under clause 5.2 or 5.6 less the amounts disputed by the
Vendor under clause 5.7 either at the same time or 7 working days after the Vendor's notice referred to in clause 5.7, whichever
is the later; and
(c) retain the amount disputed by the Vendor, pending the settlement of the dispute regarding the amount of deductions
from the Purchase Price which the Purchaser is entitled to make under this Agreement.
5.10 All instalments in items 1 to 3 of the Payment Schedule above are to be paid to the Vendor
by way of cheques crossed “Account Payee only” drawn in favour of Project Account No. ________ which the Vendor
has opened with (name of bank or finance company).
5.11 All instalments payable to or by the Singapore Academy of Law under item 4 (b) of the Payment Schedule
and clauses 5.3 and 5.4 must be paid in accordance with the relevant Rules made under the Singapore Academy of Law Act (Cap.
294A).
5.12 The interest or other income derived from any part of the Purchase Price held by the Singapore Academy of Law
as stakeholder shall accrue to the Singapore Academy of Law.
5.13 Every notice referred to in clause 5.1 must be accompanied by the requisite certificate of the qualified person
engaged by the Vendor.
5.14 The certificate of the Vendor’s qualified person is conclusive of the fact that the works specified in the
certificate have been completed, and the Purchaser must accept the certificate without further objection or enquiry.
5.15 The Vendor need not give the notices referred to in item 2 (d), (e) and (f) of the Payment
Schedule in that order but may give them in any order.
5.16 Time is to be of the essence of this Agreement where payment of instalments of the Purchase Price is concerned.
6. Late Payment of Instalments
6.1 If the Purchaser fails to pay any or any part of any instalment according
to clause 5 (other than any instalment to be paid by the stakeholder), interest on the unpaid amount is to be payable by the
Purchaser to the Vendor until —
(a) the unpaid amount is paid; or
(b) the expiration of the repudiation notice period under clause 7.2,
whichever first occurs.
6.2 Interest on the unpaid amount referred to in clause 6.1 shall begin to run from the 15th day after the Purchaser
has received the relevant document under clause 5.
6.3 If the Purchaser fails to serve the Certificate of Statutory Completion or the certified copy thereof on the stakeholder
in accordance with clause 5.2, interest on 8% of the Purchase Price is also to be payable by the Purchaser to the Vendor.
6.4 The interest referred to in clause 6.3 shall run from the 5th working day after the Purchaser has received the
Certificate of Statutory Completion (or the certified copy thereof) from the Vendor and shall continue until —
(a) the Purchaser serves that Certificate or certified copy on the stakeholder; or
(b) the expiration of the repudiation notice period under clause 7.2,
whichever first occurs.
6.5 The interest referred to in clauses 6.1 and 6.3 shall be calculated on a daily basis at the rate of 2 % above the
Base Rate.
7. Repudiation by Purchaser
7.1 The Vendor has the right to treat this Agreement as having been repudiated
by the Purchaser if —
(a) any instalment of the Purchase Price (not being an instalment to be paid by the stakeholder) and interest remains
unpaid for more than 14 days after its due date; or
(b) the Purchaser has not served the Certificate of Statutory Completion or the certified copy thereof on the stakeholder
at the end of 18 days after receiving that Certificate or certified copy from the Vendor.
7.2 To treat this Agreement as repudiated, the Vendor must give to the Purchaser not less than
21 days’ notice in writing of the Vendor’s intention to treat this Agreement as having been repudiated by the
Purchaser.
7.3 This Agreement is to be treated as annulled after the notice period referred to in clause 7.2 has expired unless
the unpaid instalments and interest have been paid or the requisite document has been served before the expiry of that notice
period.
7.4 Once this Agreement is annulled, the Vendor has the right to —
(a) resell or otherwise dispose of the Property as if this Agreement had not been entered into;
(b) recover from the instalments (excluding interest) previously paid by the Purchaser all interest owing and unpaid
at the date of annulment; and
(c) forfeit and keep 20% of the Purchase Price from the instalments (excluding interest) previously paid by the Purchaser.
7.5 After deducting the amounts referred to in clause 7.4 (b) and (c) from the
instalments previously paid by the Purchaser, the Vendor must refund the balance of those instalments not more than 21 days
after one of the following dates, whichever is the later:
(a) the date this Agreement is annulled; or
(b) where vacant possession of the Property has been delivered to the Purchaser, the date vacant possession of the
Property is returned to the Vendor,
after which neither party shall have further claims against each other.
7.6 If the Vendor does not refund the balance of instalments in accordance with clause 7.5, interest on the unrefunded
balances is to be payable by the Vendor to the Purchaser until the unpaid balances are paid; and the interest shall run from
the 22nd day after the relevant date and be calculated on a daily basis at the rate of 2% above the Base Rate.
8. Title
8.1 The title to the Property on which the Building is or is to be built shall be properly deduced.
8.2 The Purchaser may not ask for the delivery or production of deeds not in the Vendor’s possession nor may
he raise any requisition on or objection against them.
9. Planning Approval
9.1 The Property is one of the building plots comprised in a section of the Housing
Estate intended to be developed *as Phase ____, the layout of which has been approved by the Competent Authority and the Commissioner
of Building Control.
9.2 No amendment to the approved layout of the Housing Estate will be made or carried out except as may be required
by the Commissioner of Building Control or other relevant authorities.
9.3 The Property is also sold subject to all roads, back-lane and other improvement schemes affecting the Property
and to proposals contained in the Master Plan.
10. Vendor’s Obligations
10.1 The Vendor must as soon as possible build the Building on the Property
in a good and workmanlike manner according to the Specifications and the plans approved by the Commissioner of Building Control
and other relevant authorities.
10.2 The Vendor shall at his own cost and expense —
(a) build the roads, driveways, drains, culverts and sewerage mains and sewerage plant in the Housing Estate serving
the Property according to the requirements and specifications of the Commissioner of Building Control and other relevant authorities;
and
(b) lay all necessary water, electricity and sewerage mains and gas mains, if any, to serve the Building and cause
the internal mains and the sanitary installations of the Building to be connected to the water, electricity and sewerage mains
and, if applicable, the gas mains of the various relevant authorities or to the sewerage treatment plant in the Housing Estate.
10.3 The Vendor must obtain all the necessary consents and approvals of the Building Authority
and other relevant authorities for the construction of the Building, and must comply with all the requirements of the Commissioner
of Building Control and other relevant authorities for the construction of the Building.
10.4 The Vendor must at his own expense obtain the Certificate of Title for the Property except where the Registrar
of Titles gives a direction that the Property is not to be brought under the provisions of the Land Titles Act (Cap. 157).
10.5 The Vendor must at his own expense obtain the approval of the Competent Authority under the Planning Act (Cap.
232) for the subdivision of the land on which the Housing Estate is or is to be built, but any delay in obtaining the approval
is not to be a ground for the Purchaser to delay any payment due under clause 5 or 6.
11. Purchaser’s Obligations
11.1 The Purchaser must pay for all turning on fees for the supply of water
and electricity and gas (if any) to the Building.
11.2 Where the Certificate of Statutory Completion has not been issued for the Building, the Purchaser shall not, without
the prior written consent of the Vendor, carry out or cause to be carried out any alterations or additions to the Building
which result in the Building not having been constructed according to the plans and specifications approved by the Commissioner
of Building Control.
12. Title Surveys
12.1 The Vendor must conduct or cause to be conducted all necessary title surveys relating
to the subdivision of the Property and to the production of conveyance plans for the Purchaser in respect of the Property.
12.2 The Vendor and Purchaser shall contribute in the following proportions to meet the expenses (exclusive of goods
and services tax) for the title surveys and the production of conveyance plans referred to in clause 12.1:
12.3 The registered land surveyor engaged by the Vendor to conduct the title surveys and to
produce the conveyance plans shall certify the amount of contribution payable by the Purchaser. The surveyor’s certificate
shall be final and conclusive as to the amount of contribution payable by the Purchaser.
12.4 The Purchaser shall on demand pay to the Vendor the amount of contribution certified under clause 12.3 and all
goods and services tax charged by law on the supply of the surveyor’s services.
13. Delivery of Possession
13.1 The Vendor must deliver vacant possession of the Property to the Purchaser
no later than ___________ ( the Transfer Date).
13.2 Before delivering vacant possession of the Property to the Purchaser, the Vendor must ensure that the Property
has been completed so as to be fit for occupation and must remove all surplus material and rubbish from the Property.
13.3 The Vendor shall deliver vacant possession of the Property to the Purchaser by delivering a Notice of Vacant Possession
in respect of the Property. On delivery of vacant possession of the Property to the Purchaser, the Vendor must deliver to
the Purchaser a copy of —
(a) the Temporary Occupation Permit or the Certificate of Statutory Completion for the Building; and
(b) a certificate by the qualified person engaged by the Vendor that the Building and all the roads and drainage and
sewerage works in the Housing Estate have been constructed according to the plans and specifications approved by the Commissioner
of Building Control, and that all water and electricity supplies, and all gas supplies (if any), have been properly connected
to the Building.
13.4 If the Vendor, for any reason does not deliver vacant possession of the Property to the
Purchaser by the Transfer Date, the Vendor must pay to the Purchaser liquidated damages.
13.5 Liquidated damages under clause 13.4 are to be calculated on a daily basis at the rate of 10% per annum on the
total sum of all the instalments paid by the Purchaser towards the Purchase Price, and shall run from the day immediately
after the Transfer Date until the Purchaser receives a Notice of Vacant Possession from the Vendor in respect of the Property.
13.6 Any liquidated damages payable to the Purchaser under clause 13.4 may be deducted from any instalment of the Purchase
Price due to the Vendor.
14. Changes from Specifications and Plans
14.1 In the course of erecting the Building, the Vendor shall ensure
that no changes from the Specifications and approved plans shall be made except changes which have been approved or are required
by the Commissioner of Building Control or other relevant authorities.
14.2 The Purchaser need not pay for the cost of any such changes.
14.3 In the event that any such change involves the substitution or use of cheaper materials or an omission of any
works or a reduction in the scale of works originally agreed to be carried out by the Vendor, the Purchaser shall be entitled
to a corresponding reduction in the Purchase Price or to damages.
15. Certificate of Statutory Completion
15.1 The Vendor must at his own cost and expense do everything necessary
to procure the issue of the Certificate of Statutory Completion for the Building, and must produce that Certificate to the
Purchaser once it is issued.
15.2 At any time after delivery of vacant possession of the Property to the Purchaser but before the issue of the Certificate
of Statutory Completion for the Building, the Vendor and his workmen or agents have the right to make such alterations or
additions to the Building as may be required by the Commissioner of Building Control, and the Purchaser agrees to grant them
access to the Property at reasonable times for that purpose.
15.3 If the issue of a Certificate of Statutory Completion in respect of the Building is refused, withheld or delayed
owing to any alteration or addition carried out or caused to be carried out by the Purchaser without the Vendor’s prior
written consent, or some other act or omission by the Purchaser, the Vendor may by notice in writing require the Purchaser
to take such measures within 30 days of that notice as are necessary to enable the Vendor to obtain the Certificate of Statutory
Completion.
15.4 If the Purchaser does not comply with the Vendor’s notice under clause 15.3, the Vendor and his workmen
or agents have the right to enter the Property to make such necessary alterations and additions to the Building as may be
required by the Commissioner of Building Control, and to recover from the Purchaser the cost of the alterations and additions.
16. Completion
16.1 The Vendor must give to the Purchaser a Notice to Complete requiring completion of the
sale and purchase of the Property in accordance with this clause no later than _____________ or 3 years after the date of
delivery of vacant possession of the Property, whichever is earlier.
16.2 Completion must take place 14 days after the Purchaser receives the Vendor’s Notice to Complete accompanied
by a certificate by the Vendor’s qualified person stating that the Competent Authority approves the subdivision of the
land on which the Housing Estate is constructed.
16.3 The completion of the sale and purchase of the Property is to take place at the office of the Vendor’s solicitors.
16.4 On completion, the Vendor must execute a proper conveyance to the Purchaser of the Property. The Vendor must also
deliver to the Purchaser a duplicate Certificate of Title for the Property unless the Registrar of Titles has directed that
the Property will not be brought under the provisions of the Land Titles Act (Cap. 157). The conveyance is to be prepared
by and at the expense of the Purchaser.
16.5 If for any reason the Vendor does not give a Notice to Complete by the date specified in clause 16.1, the Vendor
must pay to the Purchaser liquidated damages.
16.6 Liquidated damages under clause 16.5 are to be calculated on a daily basis at the rate of 10% per annum on the
total instalments paid by the Purchaser towards the Purchase Price, and shall run from the date on which the Notice to Complete
should have been given under clause 16.1 until the date the Notice to Complete is actually given to the Purchaser.
16.7 Any liquidated damages payable to the Purchaser under clause 16.5 may be deducted from any instalment of the Purchase
Price due to the Vendor.
16.8 Notwithstanding completion of the purchase of the Property, the terms of this Agreement which are not fulfilled
are to remain in effect as between the Vendor and Purchaser.
17. Defects Liability Period
17.1 The Vendor must make good at his own cost and expense any defect in the
Building which becomes apparent within the defects liability period, namely, the period of 12 months from the date the Purchaser
receives the Notice of Vacant Possession in respect of the Property.
17.2 The Vendor must make good any defect in the Building within one month of his receiving a notice from the Purchaser
requiring the Vendor to make good such defect, failing which the Purchaser may do the following:
(a) notify the Vendor of his intention to cause rectification works to be done and the estimated cost of carrying out
those works; and
(b) give the Vendor an opportunity to carry out the proposed rectification works within 14 days after the date of the
notice in paragraph (a), failing which he may proceed to rectify the defect by his own employees or workmen.
17.3 If the Vendor, after having been duly notified under clause 17.2, fails to carry out the
rectification works to make good the defect within the specified time, the Purchaser has the right to cause the rectification
works to be carried out and to recover from the Vendor the cost of those rectification works. The Purchaser may deduct the
cost of those rectification works from any sum held by the Singapore Academy of Law as stakeholder for the Vendor.
17.4 This clause does not excuse the Vendor from his obligations under clause 15.
18. Errors, omissions and misdescription
18.1 On the execution of this Agreement, the Vendor shall furnish
to the Purchaser a certificate issued by a registered land surveyor certifying that the area of the Property is the area derived
from the dimensions shown on the plans approved by the Commissioner of Building Control and other relevant authorities.
18.2 Any error, omission or misdescription of the area of the Property does not invalidate this Agreement nor does
it give the Purchaser the right to be discharged from the purchase, but should any such error, omission or misdescription
of the area be discovered on completion of the title survey as approved by the Chief Surveyor, the Purchaser has the right
to an adjustment of the Purchase Price calculated under clause 18.3.
18.3 Where, on completion of a title survey as approved by the Chief Surveyor, it is discovered that the area of the
Property is less than the area stated in this Agreement, the Purchase Price is to be reduced as follows:
|
Deficiency |
Reduction |
| (a) Not more than 3% of the area stated in this Agreement |
No reduction |
| (b) More than 3 % of the area stated in this Agreement |
Reduction at $(Unit Purchase Price) per square metre of deficiency which is in excess of 3% of the
area stated in this Agreement |
Any adjustment of the Purchase Price under this clause shall be made on Completion Date and
may be deducted from any instalment due to the Vendor under item 4 of the Payment Schedule or clause 5.4, as the case may
be.
18.4 The Vendor does not have the right to any adjustment in the Purchase Price if, on completion of the title survey
as approved by the Chief Surveyor, it is discovered that the area of the Property is more than the area stated in this Agreement.
19. Easements
19.1 The Property is sold with the following rights in favour of the Purchaser and other persons
authorised by the Purchaser:
(a) the right to pass and re-pass on foot or on any vehicle along the private roads in the Housing Estate;
(b) the right to lay over, on or under any other premises or building in the Housing Estate pipes, wires, cables, drains
or culverts for the passage and provision of supplying water and electricity, and gas (if any), to the Property; and
(c) the right to drain into the sewerage plant or septic tank constructed or to be constructed in or for the Housing
Estate, including the right to lay pipes, drains and other connections over, on or under any other premises or building in
the Housing Estate,
to the extent to which such roads, pipes, wires, cables, drains, culverts or connections are
necessary or capable of being used in connection with the enjoyment of the Property.
19.2 The Property is sold subject to the following rights in favour of all other owners or occupiers of premises and
buildings in the Housing Estate to whom the Vendor has granted or may grant similar rights:
(a) the right to pass and re-pass on foot or on any vehicle along the private roads in the Housing Estate;
(b) the right to lay over, on or under the Property pipes, wires, cables, drains or culverts for the passage and provision
of supplying water and electricity, and gas (if any), to the other premises and buildings in the Housing Estate; and
(c) the right to drain into the sewerage plant or septic tank constructed or to be constructed in or for the Housing
Estate, including the right to lay pipes, drains and other connections over, on or under the Property,
to the extent to which such roads, pipes, wires, cables, drains, culverts or connections are
necessary or capable of being used in connection with the enjoyment of the other premises or buildings in the Housing Estate.
19.3 The Property is also sold subject to rights similar to those in clause 19.2 (a) to (c) in favour
of the Vendor and other persons authorised by the Vendor to the extent that such roads, pipes, wires, cables, drains, culverts
or connections have to be constructed, installed or made by the Vendor for the proper enjoyment of the premises and buildings
in the Housing Estate.
20. Restrictive Covenants
20.1 The Property is sold subject to the following restrictive covenants:
(a) the Purchaser will not use or allow the Property to be used for any purpose which will be a nuisance to the Vendor
or to any of his neighbours;
(b) the Purchaser will not use or allow the Property to be used for any purpose other than as a private residence;
(c) the Purchaser will not display on the Property any signboard other than one designating the address of the Property
and the name of its occupants;
(d) the Purchaser will not use or allow the Property to be used for the storage of any goods or merchandise; and
(e) the Purchaser will only transfer (wholly or partly) his interest in the Property to another subject to the restrictive
covenants in this clause.
20.2 The Purchaser agrees to enter into these restrictive covenants at the time of conveyance.
20.3 The Purchaser agrees to observe and perform all these restrictive covenants for so long as he is the owner of
the Property.
20.4 Neither the Vendor nor the Purchaser will be liable for any breach of these restrictive covenants which may happen
after the Purchaser has disposed of his entire interest in the Property to another.
21. Taxes
21.1 After the Purchaser receives from the Vendor a Notice of Vacant Possession in respect of the
Property, the Purchaser must pay for all property tax and other outgoings levied in respect of the Property, and must on demand
reimburse the Vendor for all such property tax and outgoings which may have been paid by the Vendor after the date of receipt
of the Notice of Vacant Possession.
21.2 Where any property tax and other outgoings levied in respect of the Property before the date of receipt of the
Notice of Vacant Possession have been paid by the Purchaser, the Vendor must on demand reimburse the Purchaser for all such
property tax and outgoings apportioned up to (and including) that date.
21A. Mediation
21A. 1 The Vendor and Purchaser agree that before they refer any dispute or difference
relating to this Agreement to arbitration or court proceedings, they shall consider resolving the dispute or difference through
mediation at the Singapore Mediation Centre in accordance with its prevailing prescribed forms, rules and procedures.
21A. 2 For the avoidance of doubt, this clause shall not amount to a legal obligation on the part of either the
Vendor or Purchaser to attempt mediation as a means of resolving their dispute or difference.
22. Governing law
This Agreement is governed by Singapore law.
FIRST SCHEDULE
(Plan of Property)
SECOND SCHEDULE
SPECIFICATION
OF THE BUILDING
1. Foundation
State the type of foundation and material used (e.g. bore piles, precast concrete piles, steel
H-piles, tanalised timber piles or bakau piles).
2. Superstructure
State the type of materials used (e.g. reinforced concrete using Grade 30 concrete manufactured
from Portland Cement complying with SS26 steel reinforcement bar complying with SS22).
3. Walls
(a) External Wall — state the material used.
(b) Internal Wall — state the material used.
4. Roof
(a) Pitched roof:
(i) state the roof covering material used;
(ii) state the type of insulation provided;
(iii) state the type of roof truss construction and the treatment provided; or
(b) Flat roof:
State concrete roof with appropriate water-proofing and insulation where provided.
5. Ceiling
State type and material of ceiling to be provided and location.
6. Finishes
(a) Wall:
(i) state the type and extent of internal finishes (e.g. full height ceramic wall tiles for kitchen and bathrooms);
(ii) state the type of external finishes (e.g. plaster/others to specify).
(b) Floor:
(i) state the type and location of internal floor finishes (e.g. ceramic tiles for living room and parquet for bedrooms);
(ii) state the type, location and extent of floor finishes of external areas.
7. Windows
(a) State the type and material of windows and location (e.g. sliding anodised aluminium framed window to living room);
(b) State the type of glazing and minimum thickness (e.g. tinted glass).
8. Doors
(a) State the type and material of doors and location (e.g. plywood flush door to all bedrooms);
(b) State the type of glazing and minimum thickness (e.g. tinted glass);
(c) State the make/brand or equivalent of locks to be provided.
9. Sanitary Fittings
State the type and location (e.g. vanity basin, one water closet, one longbath, one
soap holder, one towel rail to the master bedroom).
10. Electrical Installation
| (a) State whether wiring is concealed |
) |
e.g. Ceiling light — 7 |
| (b) State the type and number of lighting and power points |
) |
15 amp power — 2 points
Telephone — 5 points |
11. TV/FM/Telephone
| State the number of TV/FM |
) |
| Telephone points |
) |
12. Lightning Protection
Lightning Protection System shall be provided in accordance with Singapore Standard
CP.
13. Painting
(a) State whether paint is oil-based or water-based;
(b) State whether it is internal or external.
14. Water Proofing
State the locations.
15. Driveway and Car Park
State the finishes.
16. Gate and Fencing
State the type of fencing and height.
17. Turfing
State the type of turf to be provided.
18. Additional Items
Where provided, specify as follows:
(a) Kitchen Cabinets — specify the type of cabinets and surface finishing provided;
(b) Bedroom Wardrobe — specify the type of cabinets and their materials and surface finishing provided in each
bedroom;
(c) Air-conditioners — specify the number and type provided and their locations;
(d) Others — to specify.
SIGNED by or for the VENDOR in the presence of
______________________________________
SIGNED by or for the PURCHASER in the presence of
__________________________________________.
|
