Sunday, January 29, 2012

TERMS AND CONDITIONS OF RESALE/PURCHASE OF HUDC RESALE FLAT


Please read all the Terms & Conditions carefully.
APPLICABLE TO BOTH BUYER AND SELLER

1.For application of purchase of an HUDC resale flat submitted via e-Resale, the seller (lessee) and the buyer must each pay an administrative fee of $60/- (GST inclusive). The administrative fee paid is non-refundable and does not form part of the purchase price.

2.In the event that HDB discovers that the parties have made any false declaration relating to the application, HDB shall reserve its right to have the first option to purchase the resale flat from the lessee at the resale price so declared.

3.In addition to other remedies, the Housing & Development Act (Chapter 129) provides that any person who makes a false statement is liable to a fine not exceeding $5,000/- or to imprisonment for a term not exceeding 6 months, or both.

4.Where a lessee is an undischarged bankrupt, the lessee/buyer shall obtain the consent of the Official Assignee to the resale/purchase before the lessee/buyer submits his application to the HDB. If the lessee/buyer becomes an undischarged bankrupt before completion of the resale, he must inform HDB and obtain consent from the Official Assignee to the resale/purchase before completion of the resale.

5.The seller and buyer shall engage their own private solicitor to act in the conveyancing. In addition, the buyer shall pay the Government Survey Fee, if any.

6.Acceptance of the Application Form does not constitute an approval of the resale. HDB’s approval must still be sought.

7.The HDB’s approval for resale is granted subject to:
(a) the lessee rectifying all unauthorised alterations/additions in the resale flat;
(b) the lessee paying all outstanding taxes/charges, e.g. Property Tax, Service/Conservancy charges up to the effective date of resale; and
(c) the lessee paying any ex-tenancy, arrears/debts and administrative charges owing by him to HDB with respect to the resale flat or any of HDB’s properties.

8.The lessee and/or the buyer shall be responsible for making good any defects in the flat. Should a dispute arise, HDB shall not be made a party thereto.

9.The lessee shall give vacant possession of the resale flat to the buyer on completion of the resale. The buyer shall not obtain possession of the resale flat at any time prior to the completion of the resale.

10.No renovation works of any nature, whatsoever shall be carried out to the resale flat pending completion of the resale.

11.Notwithstanding clause 10, if any such renovation works are carried out, the lessee and the buyer shall be jointly and severally liable for any damage howsoever caused to the resale flat or the building where the resale flat is located, in the course of carrying out such renovation works. Both the lessee and the buyer shall rectify the damage to the HDB’s satisfaction.

12.The lessee and the buyer shall jointly and severally indemnify and keep HDB fully indemnified against all losses, costs, charges, expenses and damages which may become payable by HDB and any action, proceeding, liability and claim which may be made against HDB due to the damage caused to the resale flat or building.

13.HDB shall have the right to reject/cancel any application or delete any person’s name from the application without assigning any reason whatsoever. Without prejudice to the generality of the aforesaid right if HDB deems that the application is not eligible to apply or becomes ineligible to retain his application under HDB’s policies in force from time to time, the application shall be rejected/ cancelled. An application may be withdrawn by the lessee and/or buyer at any time before the resale appointment date upon notice in writing by either party to HDB. In the event of such withdrawal by the lessee and/or buyer or rejection/cancellation by HDB, the administrative fee paid shall be forfeited.

14.In the event that there is any infringement of the terms and conditions herein, HDB’s prevailing policies or the Sales Agreement, Lease and/or Mortgage or other provisions under the Housing & Development Act and rules and regulations made thereunder by the lessee and/or the buyer, the HDB reserves the right to withhold and/or revoke its approval of the resale/purchase.

15.HDB reserves the full discretion and right to:
(a) add, delete and/or alter the terms and conditions of resale/purchase at any time.
(b) withhold, revoke, reject and/or cancel the lessee’s/buyer’s application and/or HDB’s approval for resale/purchase without assigning any reason whatsoever. In such event, any administrative fee paid shall be forfeited.

16.The resale/purchase of an HDB resale flat is subject to HDB’s prevailing policies, rules and regulations governing the resale/purchase of the HDB resale flats.

17.The buyer and seller must indicate the correspondence address in the Application form and also to inform HDB Resale Office if there is any subsequent change.

18.For the purpose of processing this application, HDB shall have the right to rely on its own records or the records of the Singapore Immigration and Registration or any other relevant authority as it shall deem fit relating to the name, NRIC No, nationality, race, sex, date of birth and address of the buyers and other persons listed in the Application Form.

APPLICABLE TO THE BUYER

19.Each family is eligible to register to purchase only one flat to be used solely as a private dwelling by the buyer and his immediate family who are authorised by HDB to stay in the resale flat. The term “family” is defined to include only persons who are in direct marital or blood relationship with the applicant and who can be accepted as forming a proper family nucleus.

20.The buyer must be eligible in all respects to purchase an HDB flat under the prevailing policies, terms and conditions governing the purchase thereof. Where a buyer buys an HUDC flat under any of HDB’s prevailing eligibility schemes (“Scheme”), the buyer shall observe and comply with all terms and conditions under the Scheme and sign all documents as may be required under the Scheme.

21.Buyer may apply with his fiancée to form a family nucleus. The buyer and his fiancée must register their marriage with the Registries of Civil or Muslim Marriages within three months from the date of taking possession of the resale flat.

22.The buyer is not allowed to register for purchase of an HDB flat.

23.In the event of any outstanding debts due and owing to the HDB by any person listed in the Application Form, such debts shall be required to settle such debts and pay an administrative charge to be determined at the discretion of the HDB before the application can be considered.

24.A person whose name has been included in a debarment list for infringement of any HDB/ Government rules, regulations or policies will not be eligible to apply for an HDB/HUDC flat or be included as a permitted occupier in the flat application.

25.Where there are two or more applicants, the applicants must indicate in the option form whether they wish to hold the resale flat under Joint-Tenancy or Tenancy-In-Common. Such manner of holding the flat cannot be resolved under any circumstances before completion of the resale transaction. Any subsequent conversion of the manner of holding the resale flat after completion of resale shall be made at the relevant Branch Office.

26.The buyer shall pay all rates, taxes and charges imposed on the resale flat after completion of the resale.

27.The buyer shall not transfer, assign, mortgage, charge, underlet or part with the possession of the resale flat or any part thereof without the prior written consent of HDB.

28.The buyer shall keep in good and tenantable repair and condition the interior of the resale flat including all fixtures and fittings therein.

29.The buyer shall notify HDB and obtain its prior written consent before making any alterations or additions to the resale flat.

APPLICABLE TO THE SELLER

30.If the flat is the lessee’s first flat purchased direct from HDB, he is eligible to resell his flat to a buyer of his choice subject to HDB’s approval and to the conditions herein. If the flat is the lessee’s second or subsequent direct-purchase flat, he may resell the flat to a buyer of his choice, in which event, he shall be debarred permanently from purchasing any HDB flat direct from HDB.

31.Where the lessee has used his CPF savings to purchase his flat, such CPF monies together with interest calculated up to the effective date of resale or the nett proceeds of sale, whichever is lower, shall be refunded to the lessee’s CPF account.

Words herein importing the singular number or the masculine gender shall include the plural number or the feminine gender.

CAUTION: IN ADDITION TO OTHER REMEDIES, THE HOUSING & DEVELOPMENT ACT (CHAPTER 129) PROVIDES THAT ANY PERSON WHO MAKES A FALSE STATEMENT IS LIABLE TO A FINE NOT EXCEEDING $5,000/- OR TO IMPRISONMENT FOR A TERM NOT EXCEEDING 6 MONTHS, OR BOTH.
Team Marshe
Martin Koh/ Sherry Tang
9383-3992/ 9844-4400
www.marshe.net
www.malaysia-properties.webs.com

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