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HOUSING DEVELOPERS
(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2002
PU(A) 473/2002
In force from: 1
December 2002
Jil. 46 No. 24 1hb Disember 2002 TAMBAHAN No. 123 PERUNDANGAN (A)
IN exercise of the powers conferred by section 24 of the
Housing Development (Control and Licensing) Act 1966 [Act 118], the
Minister makes the following regulations:
1. Citation and commencement.
(1) These regulations may be cited as the
Housing Developers (Control and Licensing) (Amendment) Regulations
2002.
(2) These Regulations come into operation on 1 December
2002.
2. General amendments.
The Housing Developers (Control and Licensing) Regulations
1989 [P.U. (A) 58/89], which are referred to as "the principal Regulations"
in these Regulations, are amended—
(a) by substituting for the
words "Housing Developers (Control and Licensing) Act 1966" wherever appearing
the words "Housing Development (Control and Licensing) Act 1966"; and
(b) by substituting for the
words "Housing Developers (Control and Licensing) Regulations 1989" wherever
appearing the words "Housing Development (Control and Licensing) Regulations
1989".
3. Reference to the principal Regulations.
Where, on and after the commencement date specified in subregulation
1(2), a reference is made in any written law to the "Housing Developers (Control
and Licensing) Regulations 1989", such reference shall be construed as a reference
to the "Housing Development (Control and Licensing) Regulations 1989".
4. Amendment of regulation 2.
Regulation 2 of the principal Regulations is amended—
(a) in the definition of
"advertisement", by substituting for paragraph (c) the following
paragraph:
" (c) conveyed by means of films or communications;
or";
(b) in the definition of "Appropriate Authority", by inserting
after the word "regulations" at the end of that definition the words "and
includes any company licensed to provide electricity, telephone, sewerage
services and other related services";
(c) by inserting after the
definition of "Code" the following definition:
‘ "communication" means any communication, whether between
persons and persons, things and things, or persons and things, in the
form of sound, data, text, visual images, signals or any other form or
any combination of those forms, and includes the Internet;’; and
(d) by inserting after the
definition of "contract of sale" the following definition:
‘ "film" includes—
(a) a cinematograph film;
(b) a videotape;
(c) a compact disc;
(d) a video compact disc;
(e) a digital video disc;
and
(f) a record, howsoever
made, of a sequence of visual images, which is a record capable of being
used as a means of showing that sequence as a moving picture;’.
5. Amendment of regulation 3.
Subregulation 3(4) of the principal Regulations is amended
by substituting for the words "five hundred" the words "one thousand".
6. Amendment of regulation 4.
Subregulation 4(1) of the principal Regulations is amended
by inserting after the words "may be made" the words "not later than sixty
(60) days".
7. Amendment of regulation 5.
Regulation 5 of the principal Regulations is amended—
(a) by inserting after subregulation
(1) the following subregulation:
"(1A) Any advertisement and sale shall be in accordance
with the advertisement and sale permit as approved by the Controller.";
(b) in subregulation (3),
by substituting for the word "misrepresentation" the words "misleading statement,
false representation or description";
(c) in paragraph 5(b),
by substituting for the words "Banking Act 1973 or the Islamic Banking Act
1983 or a finance company licensed under the Finance Companies Act 1969"
the words "Banking and Financial Institutions Act 1989 [Act 372],
the Islamic Banking Act 1983 [Act 276], the Bank Simpanan Nasional
Berhad Act 1997 [Act 571], the Bank Kerjasama Rakyat Malaysia Berhad
Act 1978 [Act 202] or the Bank Pertanian Malaysia Act 1969 [Act
9]"; and
(d) in subregulation (7),
by substituting for the words "two hundred and fifty" the words "five hundred".
8. Amendment of regulation 6.
Subregulation 6(1) of the principal Regulations is amended—
(a) by inserting after the
word "number" at the end of paragraph (a) the words "and validity
date";
(b) by inserting after the
word "number" at the end of paragraph (b) the words "and validity
date";
(c) in paragraph (c),
by inserting after the words "authorised agent," the words "power of attorney
holder or project management company"; and
(d) in paragraph (d),
by inserting after the words "the tenure of the land" the words", if the
land is leasehold, its expiry date".
9. Amendment of regulation 7.
Subregulation 7(1) of the principal Regulations is amended
by substituting for the words "for any site forming part of" the words "to
refer to".
10. Amendment of regulation 9.
Regulation 9 of the principal Regulations is amended—
(a) in subregulation (1),
by inserting after the words "shall be" the words "made not later than sixty
(60) days before the date of expiry"; and
(b) in subregulation (3),
by substituting for the words "two hundred and fifty" the words "five hundred".
11. Amendment of regulation 11.
Regulation 11 of the principal Regulations is amended—
(a) by inserting after subregulation
(1) the following subregulation:
"(1A) Subregulation (1) shall not apply if at the time
of execution of the contract of sale, the certificate of fitness for occupation
for the housing accommodation has been issued and a certified true copy
of which has been forwarded to the purchaser."; and
(b) by inserting after subregulation
(3) the following subregulation:
"(4) A purchaser’s solicitor shall be entitled to a
complete set of the contract of sale including its original and duplicate
copies and all annexures required for the licensed housing developer to
execute the contract of sale with the purchaser, free of charge subject
to the undertaking of the purchaser’s solicitor to return the said documents
intact in the event the contract of sale is not executed by the purchaser
within fourteen (14) days from the date of receipt of such documents unless
otherwise agreed by the licensed housing developer.".
12.
New regulation 11A.
The principal Regulations are amended by inserting after
regulation 11 the following regulation:
"11A. Consent to assignment.
(1) Subject to subregulation (2), where in the sale of
a housing accommodation to which no separate or strata title has been issued,
no housing developer shall impose any administrative fee or any fee by whatever
name called upon any purchaser or subsequent purchaser for giving his consent,
if required, for such purchaser to resell the housing accommodation if such
fee shall exceed zero point five per centum (0.5%) of the purchase price
or five hundred ringgit, whichever is the lower.
(2) No housing developer shall collect any fee by whatever
name called for giving his consent to any purchaser or subsequent purchaser
of a housing accommodation to assign his rights and benefits to and in the
contract of sale to any financial institution providing a loan for such
purchaser to finance or part finance the purchase of the housing accommodation.
(3) Where in the sale of a housing accommodation to which
no separate title has been issued, a housing developer shall execute the
instrument of title within twenty one (21) days from the date the separate
title is subsequently issued and received by the housing developer from
the Appropriate Authority and thereafter forward the same to the purchaser
who shall execute the instrument of transfer within twenty one (21) days
from the receipt of the same from the housing developer.
(4) This regulation shall have effect notwithstanding
anything to the contrary in any agreement.".
13. Amendment of Schedule A.
Schedule A to the principal Regulations is amended—
(a) in paragraph 1—
(i) in subparagraph (b), by inserting after the
word "subdivision" at the end of that subparagraph the words "(attach
receipt of premium paid for land conversion, approved Form 9A or 7D of
the National Land Code, approved precomputational plan and a certificate
of surveys from the Land Surveyors Board and any other proof of payment
pertaining to this approval)";
(ii) in subparagraph (d), by inserting after
the words "balance-sheet" at the end of that subparagraph the words "and
an estimation statement of projection cash flow";
(iii) in subparagraph (f), by inserting after
the words "Form 24" the words "or the latest form of annual return and
Form 49"; and
(iv) by inserting after subparagraph (f) the
following subparagraph:
" (g) a copy of approval letter from the Foreign
Investment Committee of the Economic Planning Unit of the Prime Minister’s
Department, if any";
(b) in subparagraph 2(c),
by inserting after the word "society" the words "/ cooperative society";
(c) by inserting after subparagraph
3(d), the following subparagraph:
" (e) Please specify holding company or subsidiary
company(s) under the same management or group, wherever is applicable:...................";
(d) in paragraph 4—
(i) in subparagraph (iii), by inserting after the word
"society" the words "/ cooperative society"; and
(ii) by inserting after subparagraph (iii) the following
subparagraph—
"(iv) statutory body or government – Office-agency
Bearers or Board of Directors);";
(e) in paragraph 7, by substituting
for the word "misrepresentation" the words "misleading statement, false
representation or description";
(f) in the column "For Office
Use Only"—
(i) in paragraph (4), by inserting after the words "balance
sheet" the words "and an estimation statement of projection cash flow";
(ii) in paragraph (5) by inserting after the words "section
6(1) of the Act" the words "and none of the present directors have been
or are directly involved in the business of any licensed housing developer
which has been wound up by a court of law";
(iii) in paragraph (6), by inserting after the words
"Form 24" the words "or the latest form of annual return and Form 49";
(iv) in paragraph (7) by inserting after the word "society"
the words "/ cooperative society"; and
(v) by inserting after paragraph (7) the following paragraph:
"(8) a copy of approval letter from the Foreign Investment
Committee of the Economic Planning Unit of the Prime Minister’s Department
(if any)".
14. Amendment of Schedule B.
The principal Regulations are amended by substituting for
Schedule B the following schedule:
"SCHEDULE B
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
ACT 1966
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
REGULATIONS 1989
(Regulation 3(6))
HOUSING DEVELOPER’S LICENCE
Name of Housing
Developer:................................
Registered Address: ..........................................is hereby granted a licence under section 5 of the Housing
Development (Control and Licensing) Act 1966 to undertake housing development
on the land as specified below:
Name of Housing Development ......................................
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Appendix |
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Particulars of Licence |
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Licence No.: |
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Valid for |
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years |
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Controller of Housing |
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* Delete whichever is not applicable.".
15. Amendment of Schedule C.
Schedule C to the principal Regulations is amended—
(a) in paragraph 5, by substituting
for the words "Expiry of licence" the words "Validity of licence from .........................
to ....................";
(b) in paragraph 8—
(i) by inserting after the words "Particulars of the"
the words "office-bearers of the";
(ii) in subparagraph (iii), by inserting after the word
"society" the words "or co-operative society"; and
(iii) by inserting after subparagraph (iii) the following
subparagraph—
"(iv) Statutory body or government – Office-Bearers
agency or Board of Directors);";
(c) by inserting after subparagraph
9(f) the following subparagraph:
| " (g) Statement from auditor on
whether Housing Development Account under section 7A of the Act has
been complied with ...... |
473-2002_files/image001.gif)
"; and |
(d) in paragraph 10, by substituting
for the word "misrepresentation" the words "misleading statement, false
representation or description".
16. Amendment of Schedule D.
Schedule D to the principal Regulations is amended—
(a) in paragraph (11)—
(i) by substituting for subparagraph (b) the
following subparagraphs:
" (b) three copies of each type of the proposed
advertisement in national language and the language that is being proposed
if the advertisement is as defined in regulation 2;
(bb) three copies of
the proposed advertisement in national language and the language that
is being proposed if the advertisement will be in audio or visual form;";
and
(ii) in subparagraph (d), by substituting for
the words "licenced under the Banking Act 1973, the Islamic Banking Act
1983 or a finance company licenced under the Finance Company Act 1969"
the words "or a finance company licensed under the Banking and Financial
Institutions Act 1989 or the Islamic Banking Act 1983, the Bank Simpanan
Nasional Berhad Act 1997, the Bank Kerjasama Rakyat Malaysia Berhad Act
1978 or the Bank Pertanian Malaysia Act 1969";
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Cinema |
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(b) in paragraph 3—
(i) in column "Type", by inserting after the row of
"Signboard" the following rows:
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| Cinema |
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(ii) in column "NOTE"—
(A) in subparagraph (d), by inserting after
the word "land" the words ", if the land is leasehold, its expiry date";
(B) by inserting the word "and" at the end of subparagraph
(j); and
(C) in subparagraph (k) by inserting after
the word "agent" the words ", power of attorney holder or project management
company"
(c) in paragraph 4, by substituting
for the word "misrepresentation" the words "misleading statement, false
representation or description"; and
(d) in paragraph 2 in the
column "For Office use only", by substituting for the words "2 copies" the
words "3 copies".
17. Amendment of Schedule E.
The principal Regulations are amended by substituting for
Schedule E the following schedule:
"SCHEDULE E
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
ACT 1966
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
REGULATIONS 1989
(Regulation 5(4))
ADVERTISEMENT AND SALE PERMIT
Name of Housing Developer: ........................
Registered Address: ...................................
is hereby granted an advertisement and sale permit for housing
development under regulation 5 of the Housing Development (Control and Licensing)
Regulations 1989 as specified below :
Name of Housing Development : .........................................................................
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* Town/Village/Mukim : |
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Types of Building |
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Appendix |
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Subject to the following conditions: |
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Type of Advertisement |
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Date of Approval |
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Brochure |
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Newspaper |
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Signboard |
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Internet |
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Video Compact Disc |
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Television |
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Radio |
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Cinema |
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Others (please specify) |
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Developer is required to submit one copy of "Guideline to
the House Buyers" to each buyer before signing the agreement (enclosed a copy
of guideline).
Other conditions:
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Controller of Housing |
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* Delete whichever is not applicable". |
18. Amendment of Schedule F.
Schedule F to the principal Regulations is amended—
(a) in paragraph (1), by
substituting for the word "Two" the word "Three";
(b) by inserting after subparagraph
2(g) the following subparagraphs:
" (h) Advertisement and Sale permit number ...........................
(i) Valid from ............................ to ....................................".
(c) by inserting after subparagraph
2(i) the following subparagraph:
" (j) Statement from auditor on whether Housing
Developers Account under section 7A of the Act has been complied with:
........................................................";
(d) in paragraph (3), in
column "Type", by inserting after the row of "Signboard" the following:
"
| Internet |
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"; and
(e) in paragraph 4, by substituting for the word "misrepresentation"
the words "misleading statement, false representation or description".
19. Amendment of Schedule G.
The principal Regulations are amended by substituting for
Schedule G the following schedule:
"SCHEDULE G
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
ACT 1966
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
REGULATIONS 1989
(Regulation 11(1))
SALE AND PURCHASE AGREEMENT (LAND AND
BUILDING)
AN AGREEMENT made
this.....................................day of
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BETWEEN............................................
a company incorporated in Malaysia and duly licensed under
the Housing Development (Control and Licensing) Act 1966 (License No.:....................................................)
with its registered office at ....................................(hereinafter
called "the Vendor") of the *one/first part AND........ .......................................NRIC
No. ..........................
of....................(hereinafter called "the Purchaser") of the
*other/second part AND.......................... NRIC No. .............................
(hereinafter called "the Proprietor") of the third part.
Preamble
WHEREAS the *Proprietor/Vendor is the registered and beneficial
owner of all that *freehold land/leasehold land of ...............years
expiring on ...........held under ................................
(description of title) and No. of Title ...............................................
*Lot No./L.O. No. ......................................... Section ............................................
in the *Town/Village/Mukim ........................................... District
of ................................................................... State
of ..................................................... in an area
measuring approximately .......................................
hectares .................................... square metres (hereinafter
referred to as "the said Land")* and has granted the Vendor the absolute
right to develop the said Land as a housing development and to sell the
said Land;
*AND WHEREAS the Proprietor hereby agrees to the sale
of the said Land for the purpose of this Agreement;
AND WHEREAS the said Land is charged to ............................with its registered office at .............................................................................................................
as security for the loan granted to the Vendor;
AND WHEREAS the Vendor has, at its own cost and expense,
obtained the approval of the Appropriate Authority for the subdivision of
the said Land into building lots in accordance with the approved Layout
Plan a copy of which is annexed as the First Schedule (hereinafter referred
to as "the Layout Plan") and separate documents of title have *since been/not
yet been issued by the Appropriate Authority;
AND WHEREAS the Vendor has, at its own cost and expense,
obtained the approval of the building plans (hereinafter referred to as
"the Building Plan") from the Appropriate Authority, a copy of which is
annexed as the Second Schedule;
AND WHEREAS the Vendor is developing the said Land as
a housing development known as ...............................................................*Phase...............................................(Advertisement
and Sale Permit No. : ........................................................................................................);
AND WHEREAS the Vendor has agreed to sell and the Purchaser
has agreed to purchase all
that piece of land with vacant possession distinguished
as *Plot/Lot No. : ........................................... and which
is more particularly delineated and shaded RED in the Layout Plan measuring
approximately
.............................. square metres in area (hereinafter
referred to as "the said Lot") TOGETHER
with a ..........................................................
to be erected thereon (hereinafter referred to as "the
said Building") described in the Vendor’s plan as Type..........................
specified in the Second Schedule hereto, (and the said Lot and Building
are hereinafter collectively referred to as " the said Property"), subject
to the terms and conditions hereinafter contained;
NOW IT IS HEREBY AGREED as follows:
Property free from agricultural, industrial and building
restrictions
1. The Vendor hereby agrees to sell and the Purchaser
agrees to purchase the said Property free from any agricultural or industrial
conditions expressed or implied and any restrictions against the building
of housing accommodation thereon and all encumbrances other than those imposed
by the provisions hereto/already subsisting at the date hereof (if any)
and any conditions expressed or implied affecting the title.
Property free from encumbrances before the Purchaser
takes vacant possession of the said Building
2. (1) The *Proprietor and the Vendor shall not immediately
and at any time after the date of execution of this Agreement subject the
said Land to any encumbrances without the prior approval of the Purchaser
and the *Proprietor and the Vendor hereby undertakes that the said Property
shall be free from encumbrances immediately prior to the Purchaser taking
vacant possession of the said Building.
(2) The Purchaser shall grant such approval to the *Proprietor
and the Vendor encumbering the said Land for the purpose of obtaining credit
facilities from any bank and/or financial institution only if the Purchaser
has first received confirmation in writing from the relevant bank and/or
financial institution disclaiming their rights and interests over the said
Property and undertaking to exclude the said Property from any foreclosure
proceedings which such bank and/or financial institution may take against
the *Proprietor and Vendor and/or the said Land.
(3) In the event the said Land shall be encumbered to
any bank and/or financial institution by the Vendor, the Vendor shall deliver
or cause to be delivered to the Purchaser and/or the Financier a copy of
the redemption statement and undertaking letter issued by such bank and/or
financial institution in respect of the said Lot and shall authorise the
Purchaser to pay such portion of the purchase price or the Financier to
release such portion of the Loan, as the case may be, equivalent to the
amount of the redemption sum payable in respect of the said Lot directly
to such bank and/ or financial institution and thereafter the balance purchase
price or the balance Loan to the Vendor provided all such payments and releases
are made progressively at the time and in the manner prescribed in the Third
Schedule hereto.
Purchase price
3. The purchase price of the said Property is .....ringgit
(RM .....................) only and shall be payable in the manner hereinafter
provided.
[Am. PU(A) 42/2003]
Schedule of payments
4. (1) The purchase price shall be paid by the Purchaser
to the Vendor by instalments and at the time and in the manner as prescribed
in the Third Schedule hereto. The Vendor is not bound to commence or complete
the works in the order referred to in Third Schedule and the Purchaser shall
pay the instalments according to the stage of works completed by the Vendor
provided that any damage to the completed works by subsequent stage of works
shall be repaired and made good by the Vendor at its own cost and expense
before the Purchaser takes vacant possession of the said Building.
(2) Every notice referred to in the Third Schedule requesting
for payment shall be supported by a certificate signed by the Vendor’s architect
or engineer in charge of the housing development and every such certificate
so signed shall be proof of the fact that the works therein referred to
have been completed.
Loan
5. (1) If the Purchaser is desirous of obtaining a loan
to finance the payment of the purchase price of the said Property the Purchaser
shall, within fourteen (14) days after receipt of a stamped copy of the
Agreement, make a written application for such loan to the Vendor who shall
use its best endeavours to obtain for the Purchaser from a bank, finance
company, building society or a financial institution (hereinafter called
"the Financier") a loan (hereinafter called "the Loan") and if the Loan
is obtained the Purchaser shall, within a reasonable time, execute all necessary
forms and documents and pay all fees, legal costs and stamp duty in respect
thereof.
(2) The Purchaser shall utilise the whole of the Loan
towards the payment of the purchase price of the said Property at the time
and in the manner set out in the Third Schedule hereto.
(3) If the Purchaser fails to obtain the Loan due to his
ineligibility of income and has produced proof of such ineligibility to
the Vendor, the Purchaser shall then be liable to pay to the Vendor only
one per centum (1%) of the purchase price and this Agreement shall subsequently
be terminated. In such an event, the Vendor shall, within twenty-one (21)
days of the date of the termination, refund the Purchaser the balance of
the amount paid by the Purchaser.
(4) Subject to subclause (3), if the Purchaser fails to
accept the Loan or defaults in complying with the necessary requirements
for the application or is disqualified as a result of which the Loan is
withdrawn by the Financier, as the case may be, the Purchaser shall then
be liable to pay to the Vendor the whole of the purchase price or such part
thereof as shall then remain outstanding.
(5) In the event that the Vendor shall not be able to
obtain any loan the Purchaser, the Vendor shall, within fourteen (14) days
after receipt of notification of rejection of the loan, inform the Purchaser
of the same and the Vendor shall not in any way be liable to the Purchaser
for any loss, damage, cost of expense howsoever arising or incurred and
such failure to obtain the loan shall not be a ground for any delay in the
payment or for any non-payment on due dates of any of the instalments of
the purchase price as set out the Third Schedule hereto.
Loans from Federal or State Government or statutory
authority
6. (1) If the Purchaser is desirous of obtaining a loan
from the Government of Malaysia or any State Government in Malaysia or any
statutory authority which provides loan facilities, the Purchaser shall,
within fourteen (14) days after receipt of a stamped copy of the Agreement,
inform the Vendor of the same in writing and the Purchaser shall do all
acts and things necessary to secure the loan.
(2) If the Purchaser fails to obtain the loan for any
reason whatsoever, the Purchaser shall then be liable to pay to the Vendor
the whole of the purchase price or such part thereof as shall then remain
outstanding.
Purchaser’s right to initiate and maintain action
7. The Purchaser shall be entitled on his own volition
in his own name to initiate, commence, institute and maintain in any court
or tribunal any action, suit or proceeding against the Vendor or any other
person in respect of any matter arising out of this Agreement unless a contrary
intention is expressed in any agreement, assignment or charge between the
Purchaser and the Financier in which case the prior written consent of the
Financier must first be obtained.
Time essence of contract
8. Time shall be the essence of the contract in relation
to all provisions of this Agreement.
Interest on late payments
9. (1) Without prejudice to the Vendor’s right under clause
10 hereof, if any of the instalments set out in the Third Schedule hereto
shall remain unpaid by the Purchaser at the expiration of the said period
of twenty-one (21) working days, interest on such unpaid instalment or instalments
shall commence immediately thereafter and be payable by the Purchaser, such
interest to be calculated from day to day at the rate of ten per centum
(10%) per annum.
(2) The Vendor shall not be entitled to charge interest
on late payment in respect of any instalment if the delay in payment of
such instalment is due to any one or more of the following:
(a) the relevant progressive
claim notice referred to in the Third Schedule hereto furnished by the
Vendor to the Purchaser and/or the Financier is not complete or is not
in compliance with the requirement of subclause 4(2) hereof;
(b) in the event the said
Land is encumbered to any bank and/or financial institution by the Vendor,
such bank and/or financial institution shall delay or fail to issue and
deliver the redemption statement and undertaking letter in respect of
the said Lot to the Purchaser or the Financier; and
(c) in the event the said
Land is encumbered to any bank and/or financial institution by the Vendor,
the Financier shall refuse to release the relevant portion of the Loan
equivalent to the progressive payment due on the ground that such progressive
payment is insufficient to settle the full redemption sum payable in respect
of the said Lot.
Default by Purchaser and determination of Agreement
10. (1) If the Purchaser—
(a) subject to subclause
(3) below, fails to pay any instalment payable under subclause 4(1) in
accordance with the Third Schedule hereto or any part thereof and any
interest payable under clause 9 for any period in excess of twenty-eight
(28) days after its due date; or
(b) subject to subclause
(3) below, fails to pay any sum or sums payable under this Agreement for
any period in excess of twenty-eight (28) days after its due date; or
(c) commits any breach
of or fails to perform or observe any material terms or conditions or
covenants herein this Agreement; or
(d) before payment in full
of the purchase price of the said Property, commits an act of bankruptcy
or enters into any composition or arrangement with his creditors or, being
a company, enters into liquidation, whether compulsory or voluntary,
the Vendor may, subject to subclause (2) hereof, annul
the sale of the said Property and forthwith terminate this Agreement and
in such an event—
(i) the Vendor shall be entitled to deal with or otherwise
dispose of the said Property in such manner as the Vendor shall see fit
as if this Agreement had not been entered into;
(ii) the instalments previously paid by the Purchaser
to the Vendor, excluding any interest paid, shall be dealt with and disposed
of as follows:
(a) firstly, all interest
calculated in accordance with clause 9 hereof owing and unpaid shall
be paid to the Vendor;
(b) secondly, a sum equal
to ten per centum (10%) of the purchase price thereof shall be forfeited
to the Vendor; and
(c) lastly, the residue
thereof shall be refunded to the Purchaser;
(iii) neither party hereto shall have any further claim
against the other for costs, damages, compensation or otherwise hereunder;
and
(iv) each party hereto shall pay its own costs in the
matter.
(2) Upon the occurrence of any of the events set out in
paragraph 10(1)(a), (b), (c), or (d) herein,
the Vendor shall give the Purchaser or his solicitors not less than fourteen
(14) days notice in writing by A.R. Registered post to treat this Agreement
as having been repudiated by the Purchaser and unless in the meanwhile such
default and/or breach alleged is rectified or such unpaid instalments and
interest are paid or subclause (3) hereof shall apply, this Agreement shall,
at the expiration of the said notice at the option of the Vendor be deemed
to be annulled.
(3) If the Purchaser shall have before the expiry of the
said fourteen (14) days notice obtained approval of the Loan and paid the
difference between the purchase price and the Loan and delivered to the
Vendor the undertaking letter from the Financier to release the Loan to
the Vendor, the Vendor then shall not annul the sale of the said Property
and terminate this Agreement unless the Financier shall default in its undertaking
to release the Loan to the Vendor or fail to make the first disbursement
of the Loan to the Vendor within thirty (30) days from the expiry of the
said fourteen (14) days notice.
Separate document of title/transfer of title
11. (1) Upon the execution of this Agreement the Vendor
shall, at its own cost and expense and as expeditiously as possible, obtain
the issue of a separate document of title to the said Lot.
(2) Upon the issue of the separate document of title to
the said Lot and subject to the payment of the purchase price by the Purchaser
to the Vendor in accordance to clause 4(1) and the observance of all the
terms and conditions herein provided, the Vendor shall, within twenty-one
(21) days, execute a valid and registrable memorandum of transfer of the
said Property to the Purchaser, his heir or nominee or lawful assign, as
the case may be.
Consent to assignment/subsale
12. (1) In the event the separate document of title to
the said Lot has not yet been issued and no memorandum of transfer of the
said Property has been executed in favour of the Purchaser and provided
that the Purchaser has fully paid the purchase price and duly complied with
all the terms and conditions and stipulations on the Purchaser’s part contained
herein, the Vendor shall not, subject to subclause (2) hereof, withhold
its consent to any intended sale, transfer or assignment by the Purchaser
to any third party (including any bank or financial institution) and the
Vendor shall endorse consent to the assignment between the Purchaser and
his intended purchaser/assignee within twenty-one (21) days from the date
of receipt by the Vendor of such assignment.
(2) The Purchaser shall pay to the Vendor for giving the
consent an administrative fee in the sum of five hundred ringgit (RM500.00)
or zero point five per centum (0.5%) of the purchase price, whichever shall
be lower. No administrative fee shall be payable in respect of any consent
in favour of any bank or financial institution or in respect of any consent
to a reassignment from the bank or financial institution to the Purchaser.
The Vendor shall not require the Purchaser or the intended purchaser/assignee
to pay the Vendor’s solicitor’s fees in any event.
Position and area of the Lot
13. (1) The position of the said Lot in relation to the
other lots shown in the Layout Plan in the First Schedule and the measurements,
boundaries and area of the said Lot as given therein are believed but not
guaranteed to be correct and if the measurements, boundaries and area of
the said Lot shown in the Layout Plan shall be different from its measurements,
boundaries and/or area as shown in the Layout Plan shall be different from
its measurements, boundaries and/or area as shown in the final document
of title when issued, the purchase price of the said Lot calculated at the
rate of ............................................ringgit (RM.............................)
only per square metre shall be adjusted accordingly.
(2) The Vendor may only claim from the Purchaser any payment
resulting from the adjustment up to a maximum which is equivalent to the
value of two per centum (2%) of the total area of the said Lot as shown
in the final document of title.
(3) Any payment resulting from the adjustment and required
to be paid by the Vendor or the Purchaser, as the case may be, shall be
so paid within fourteen (14) days of the issue of the final document of
title.
(4) The Layout Plan of the housing development, including
the said Lot, has been approved by the Appropriate Authority and no alteration
to the Layout Plan shall be made or carried out except as may be required
or approved by the Appropriate Authority. Such alteration shall not annul
the Agreement or be the subject of any claim for damages or compensation
by or against any party to the Agreement except where the alteration to
the Layout Plan results in a change of the land area or the built-up area.
Materials and workmanship to conform to description
14. The said Building shall be constructed in a good and
workmanlike manner in accordance with the description set out in the Fourth
Schedule hereto and in accordance with the plans approved by the Appropriate
Authority as in the Second Schedule, which descriptions and plans have been
accepted and approved by the Purchaser, as the Purchaser hereby acknowledges.
No changes thereto or deviations therefrom shall be made without the consent
in writing of the Purchaser except such as may be required by the Appropriate
Authority. The Purchaser shall not be liable for the cost of such changes
or deviations and in the event that the changes or deviations involve the
substitution or use of cheaper materials or the omission of works originally
agreed to be carried out by the Vendor the Purchaser shall be entitled to
a corresponding reduction in the purchase price herein or to damages, as
the case may be.
Restriction against variation by Purchaser
15. (1) The Purchaser shall not carry out or caused to
be carried out any variation to the said Building and description therein
or any alteration or addition to the said Building or install or caused
to be installed any fixtures or fittings therein which would involve the
amendment of the approved Building Plan or the submission of further plans
without the prior written consent of the Vendor until the relevant Certificate
of Fitness for Occupation has been issued.
(2) Where the Vendor agrees to carry out such alterations
or additional works for the Purchaser the Vendor shall annex to this Agreement
an inventory list of such permissible alterations or additional items with
a prefixed schedule of rates or charges in respect thereof and the Purchaser
shall pay for the cost of such alterations or additional works within twenty-one
(21) working days of the Vendor’s request in writing for such payment.
#Restriction against change to colour code
[Am. PU(A) 42/2003]
16. Notwithstanding the provisions of clause 15, the Purchaser
shall not carry out or cause to be carried out any change in the colour
of the exterior of the said Building without the prior written consent of
the Appropriate Authority.
Infrastructure and maintenance
17. The Vendor shall, at its own cost and expenses, construct
or cause to be constructed the infrastructure, including the roads, driveways,
drains, culverts, water mains and sewerage plants serving the said housing
development, in accordance with the requirements and standards of the Appropriate
Authority. The Vendor shall also bear all costs and expenses charged by
the Appropriate Authority in connection with the provision of facilities
and amenities including but not limited to street lighting. On completion
of the construction of the infrastructure the Vendor shall do everything
possible within its power to have the same taken over and maintained by
the Appropriate Authority but until they are so taken over the Purchaser
shall, from the date he takes vacant possession or is deemed to have taken
vacant possession of the said Property contribute from time to time a fair
and justifiable proportion of the cost and expense of their maintenance,
upkeep and repair but excluding the cost and expense of maintaining, upkeeping
and repairing the areas reserved for roads, open spaces, electricity, substations,
sewerage treatment systems and other communal amenities. Apportionment of
an appropriate contribution shall be made by a quantity surveyor, architect
or engineer appointed by the Vendor or with the approval of the Controller
any other competent person appointed by the Vendor.
Payment of outgoings
18. The Purchaser shall be liable for all outgoings including
quit rent, rates, taxes, assessment and other charges in respect of the
said Property as from the date he takes vacant possession of the said Building
or from the date the said Property is transferred to the Purchaser, whichever
is earlier and in the event separate document of title to the said Lot has
not yet been issued and the said Property is not transferred to the Purchaser
at the date he takes vacant possession of the said Building, the Purchaser
shall indemnify the Vendor for such outgoings in respect of the said Lot
in such proportion as the area of the said Lot bears to the total area of
the said Land excluding areas reserved for roads, open spaces, electricity,
substations, sewerage treatment systems and other communal amenities and
shall continue to pay the same from the date he takes vacant possession
of the said Building until the said Property is transferred to him.
Maintenance of services
19. The Vendor shall provide services, including refuse
collection, cleaning of public drains and grass cutting on the road reserves,
as from the date he takes vacant possession of the said Building until such
services are taken over by the Appropriate Authority but until they are
so taken over the Purchaser shall, from the date he takes vacant possession
of the said Property, contribute from time to time a fair and justifiable
proportion of the cost and expense of such services, such apportionment
to be made by a quantity surveyor, architect or engineer appointed by the
Vendor or with the approval of the Controller any other competent person
appointed by the Vendor. The Purchaser shall pay six (6) months’ advance
in respect of such contribution at the date he takes vacant possession of
the said Building and any payment thereafter shall be payable monthly in
advance. Every written notice to the Purchaser requesting for the payment
of such contribution from the Vendor shall be supported by a statement issued
by the Vendor which shall include a list and description of the services
provided, the expenditure incurred and the amount of such contribution due
to the Vendor in respect thereof.
Water, electricity, gas piping, telephone trunking
20. (1) The Vendor shall, at its own cost and expense,
lay or cause to be laid all necessary water, electricity and sewerage mains,
gas piping (if any) and internal telephone trunking and cabling, to serve
the said housing development and at its own costs and expense undertake
to apply for the connection of internal water, electricity, sanitary and
gas installations (if any) of the said Building to the water, electricity
and sewerage mains of the Appropriate Authority, and the gas mains of the
relevant authority.
(2) The Purchaser shall be liable for and shall pay, within
fourteen (14) days after the receipt of a notice requesting for payment
from the vendor, the deposits for the installation of water, electricity
and gas meters and the Vendor shall bear all other costs, if any.
(3) The Purchaser may apply for telephone service and
shall be liable for and shall pay the deposit for such service.
Compliance with written laws
21. The Vendor shall, in relation to the said Building
to be erected, conform to the provisions and requirements of any written
law for the time being in force affecting the said housing development and
shall keep the Purchaser indemnified against all fines, penalties or losses
incurred by reason of any breach of the provisions of any written laws.
New laws affecting housing development
22. The Purchaser shall not be liable to indemnify the
Vendor in the event of an introduction of new laws or the amendment of existing
laws which shall impose on the Vendor additional fees, charges or taxes,
the payment of which shall be necessary for continuing and completing the
development of the said housing development or any part or parts thereof
in accordance with the Layout Plan, Building Plan and description therein
referred to and the due observance and performance by the Vendor of its
obligation and liabilities hereunder.
Time for delivery of vacant possession
23. (1) Vacant possession of the said Building shall be
delivered to the Purchaser in the manner stipulated in clause 24 herein
within twenty-four (24) calendar months from the date of this Agreement.
(2) If the Vendor fails to deliver vacant possession of
the said Building in the manner stipulated in clause 24 herein within the
time stipulated in subclause (1), the Vendor shall be liable to pay to the
Purchaser liquidated damages calculated from day to day at the rate of ten
per centum (10%) per annum of the purchase price from the expiry date of
the delivery of vacant possession in subclause (1) until the date the Purchaser
takes vacant possession of the said Building. Such liquidated damages shall
be paid by the Vendor to the Purchaser immediately upon the date the Purchaser
takes vacant possession of the said Building.
(3) For the avoidance of doubt, any cause of action to
claim liquidated damages by the Purchaser under this clause shall accrue
on the date the Purchaser takes vacant possession of the said Building.
(4) For the purpose of claiming any liquidated damages
in the Tribunal of Homebuyer Claims established under section 16B of the
Housing Development (Control and Licensing) Act 1966 [Act 118], such
claim shall be made not later than twelve (12) months from—
(a) the date of issuance
of the certificate of fitness for occupation for the said Building; or
(b) the expiry date of
the defects liability period as set out in clause 26.
Manner of delivery of vacant possession
24. (1) Upon the issuance of a Certificate by the Vendor’s
architect certifying that the construction of the said Building has been
duly completed and water and electricity supply are ready for connection
to the said Building and the Vendor has applied for the issuance of the
Certificate of Fitness for Occupation from the Appropriate Authority in
compliance with the relevant provisions of the Uniform Building By-Laws
1984 and the Purchaser having paid all monies payable under subclause 4(1)
in accordance with the Third Schedule and all other monies due under this
Agreement and the Purchaser having performed and observed all the terms
and covenants on his part under this Agreement the Vendor shall let the
purchaser into possession of the said Property.
(2) The delivery of vacant possession by the Vendor shall
be supported by—
(a) a certificate signed
by the Vendor’s architect certifying that the said Building has been duly
constructed and completed in accordance with all relevant Acts, by-laws
and regulations and that all conditions imposed by the Appropriate Authority
in respect of the issuance of the Certificate of Fitness for Occupation
have been duly complied with; and
(b) a letter of confirmation
from the Appropriate Authority certifying that the Form E as prescribed
under the Second Schedule to the Uniform Building By-Laws 1984 has been
duly submitted by the Vendor and checked and accepted by the Appropriate
Authority.
(3) Such possession shall not give the Purchaser the right
to occupy and the Purchaser shall not occupy the said Property until such
time as the Certificate of Fitness for Occupation for the said Building
is issued.
(4) Upon the expiry of fourteen (14) days from the date
of a notice from the Vendor requesting the Purchaser to take possession
of the said Property, whether or not the Purchaser has actually entered
into possession or occupation of the said Property, the Purchaser shall
be deemed to have taken delivery of vacant possession.
Vendor to obtain the Certificate of Fitness for Occupation
25. The Vendor shall, pursuant to the application for
the Certificate of Fitness for Occupation under subclause 24(1), at its
own cost and expenses, duly comply with all the requirements of the Appropriate
Authority which are necessary for the issuance of the Certificate of Fitness
for Occupation in respect of the said Building.
Defect liability period
26. (1) Any defect, shrinkage or other faults in the said
Building which shall become apparent within a period of eighteen (18) calendar
months after the date the Purchaser takes vacant possession of the said
Building to which water and electricity supply are ready for connection
to the said Building, and which are due to defective workmanship or materials
or the said Building not having been constructed in accordance with the
plans and description as specified in the Second and Fourth Schedule as
approved or amended by the Appropriate Authority, shall be repaired and
made good by the Vendor at its own cost and expenses within thirty (30)
days of its having received written notice thereof from the Purchaser and
if the said defect, shrinkage or other faults in the said Building have
not been made good by the Vendor, the Purchaser shall be entitled to recover
from the Vendor the costs of repairing and making good the same and the
Purchaser may deduct such costs from any sum which has been held by the
Vendor’s solicitors as stakeholder for the Vendor and subject to subclause
(2), the Vendor’s solicitors shall release such costs from such sum to the
Purchaser within fourteen (14) days after receipt by the Vendor’s solicitors
of the Purchaser’s written demand.
(2) The Purchaser shall, at any time after the expiry
of the said period of thirty (30) days, notify the Vendor of the cost of
repairing and making good the said defects, shrinkage or other faults before
the commencement of the works and shall give the Vendor an opportunity to
carry out the works himself within fourteen (14) days from the date the
Purchaser has notified the Vendor of his intention to carry out the said
works.
Common rights of Purchaser
27. (1) The Vendor confirms that the said Lot and all
other lots shown in the Layout Plan are sold together with free rights and
liberties for the Purchaser, his personal representatives, successors in
title, his permitted assigns and his servants, agents, licencees and invitees
in common with the Vendor and all other persons having the like rights and
liberties to use without or with vehicles of every description at all times
and for all purposes whatsoever connected with the use and enjoyment of
the said Property to pass and repass along, over and upon all roads serving
the said housing development and to make all necessary connections and thereafter
to use in a proper manner the drains, pipes, cables and wires laid or constructed
by the Vendor under or over such roads.
(2) The Vendor hereby undertakes that the purchasers of
the lots comprised in the said housing development shall enter into similar
covenants and hereby further undertakes to ensure that in the event of any
transfer of the said Property from the Purchaser to a subsequent purchaser,
the latter shall undertake to be bound by the covenants of this clause which
shall continue to apply notwithstanding the completion of the sale and purchase
agreement.
Service of documents
28. (1) Any notice, request or demand required to be served
by either party hereto to the other under this Agreement shall be in writing
and shall be deemed to be sufficiently served—
(a) if it is sent by the
party or his solicitors by registered post addressed to the other party’s
address hereinbefore mentioned and in such case it shall be deemed to
have been received upon the expiry of a period of five (5) days of posting
of such registered letter; or
(b) if it is given by the
party or his solicitors by hand to the other party or his solicitors.
(2) Any change of address by either party shall be communicated
to the other.
Stamp and registration fee
29. The stamp and registration fee for this Agreement
and the subsequent transfer of the said Property referred to in subclause
11(2) hereof shall be borne and paid by the Purchaser but each party shall
bear its own solicitor’s costs.
Schedules
30. The First, Second, Third and Fourth Schedules hereto
shall form part of this Agreement and shall be read, taken and construed
as an essential part of this Agreement.
Interpretation
31. In this Agreement, where the context so admits—
(a) "Appropriate Authority"
means any authority for the time being authorised under any written law
in force in West Malaysia to approve subdivision of land, building plans,
the issue of documents of title and to enforce any other laws related
thereto and includes any corporations or private agencies licensed by
the Appropriate Authority to provide electricity, telephone, sewerage
services and other related services;
(b) "Controller" means
the Controller of Housing appointed under the Housing Development (Control
and Licensing) Act 1966;
(c) "Purchaser" includes
his heirs, personal representatives, successors in title and permitted
assigns and where there are two or more persons included in the expression
"the Purchaser" their liabilities under this Agreement shall be joint
and several;
(d) "ready for connection"
means electrical points and water fittings and fixtures have been installed
by the Vendor and tested and commissioned by the Appropriate Authority
or its authorised agent and supply is available for tapping into individual
building units;
(e) "Vendor" includes its
successors in title and permitted assigns; and
(f) words importing the
masculine gender shall be deemed and taken to include the feminine and
neuter genders and the singular to include the plural and vice versa.
Persons to be bound by Agreement
32. This Agreement shall be binding upon the successors
in title and permitted assigns of the Vendor, the heirs, personal representatives,
successors in title and permitted assigns of the Purchaser *and the Proprietor.
FIRST SCHEDULE
(Copy of approved Layout Plan attached)
SECOND SCHEDULE
(Copy of approved Building Plan attached)
Reference No.:
Name of Appropriate Authority:
1. Floor Plan .............................................................
Attached
2. Front Elevation......................................................
Attached
3. Back Elevation......................................................
Attached
*4. Side Elevation.....................................................
Attached
5. Section Plan..........................................................
Attached
THIRD SCHEDULE
(Clause 4(1))
SCHEDULE OF PAYMENT OF PURCHASE PRICE
| |
|
Instalments Payable |
% |
Amount |
| |
|
|
|
|
| 1. |
Immediately upon the signing
of this Agreement |
10 |
RM |
| |
|
|
|
|
| 2. |
Within twenty-one (21)
working days after receipt |
|
|
| |
by the Purchaser of the
Vendor’s written notice of |
|
|
| |
the completion of— |
|
|
| |
|
|
|
|
| |
(a) |
the foundation and footing works of
the |
10 |
RM |
| |
|
said Building; |
|
|
| |
|
|
|
|
| |
(b) |
the reinforced concrete framework of
the |
15 |
RM |
| |
|
said Building |
|
|
| |
|
|
|
|
| |
(c) |
the walls of the said Building with
door and |
10 |
RM |
| |
|
window frames placed in position |
|
|
| |
|
|
|
|
| |
(d) |
the roofing, electrical wiring, plumbing |
10 |
RM |
| |
|
(without fittings), gas piping (if
any) and |
|
|
| |
|
internal telephone trunking and cabling
to |
|
|
| |
|
the said Building |
|
|
| |
|
|
|
|
| |
(e) |
the internal and external plastering
of the |
10 |
RM |
| |
|
said Building |
|
|
| |
|
|
|
|
| |
(f) |
the sewerage works serving the said |
5 |
RM |
| |
|
Building |
|
|
| |
|
|
|
|
| |
(g) |
the drains serving the said Building |
5 |
RM |
| |
|
|
|
|
| |
(h) |
the roads serving the said Building |
5 |
RM |
| |
|
|
|
|
| 3. |
On the date the Purchaser
takes vacant possession |
12.5 |
RM |
| |
of the said Building, with
water and electricity supply |
|
|
| |
ready for connection |
|
|
| |
|
|
|
|
| 4. |
Within twenty-one (21)
working days after receipt |
2.5 |
RM |
| |
by the Purchaser or the
Purchaser’s solicitors of |
|
|
| |
the separate document of
title to the said Lot |
|
|
| |
together with a valid and
registrable Memorandum |
|
|
| |
of Transfer to the Purchaser
duly executed by the |
|
|
| |
Vendor or on the date the
Purchaser takes vacant |
|
|
| |
possession of the said
Building, whichever is later |
|
|
| |
|
|
|
|
| 5. |
On the date the Purchaser
takes vacant possession |
5 |
RM |
| |
of the said Building as
in item 3 and to be held by |
|
|
| |
the Vendor’s solicitor
as stakeholder for payment to |
|
|
| |
the Vendor as follows: |
|
|
| |
|
|
|
|
| |
(a) |
two point five per centum (2.5%) at
the |
2.5 |
RM |
| |
|
expiry of six (6) months after the
date the |
|
|
| |
|
Purchaser takes vacant possession of
the |
|
|
| |
|
said Building; |
|
|
| |
|
|
|
|
| |
(b) |
two point five per centum (2.5%) at
the |
2.5 |
RM |
| |
|
expiry of eighteen (18) months after
the |
|
|
| |
|
date the Purchaser takes vacant possession |
|
|
| |
|
of the said Building |
|
|
| |
|
|
|
|
| |
|
TOTAL |
100 |
RM |
| |
|
|
|
|
|
FOURTH SCHEDULE
(Clause 14)
BUILDING DESCRIPTION
(a) Structure:
(b) Brick:
(c) Roofing tiles:
(d) Roof timber:
(e) Ceiling:
(f) Windows:
(g) Doors:
(h) Locks:
(i) Decoration:
(j) Flooring:
(k) Wall tiles:
(l) Sanitary installation:
(m) Electrical installation:
(n) Fencing:
(o) Turfing:
*(p) Gas piping:
(q) Internal telephone trunking
and cabling:
IN WITNESS WHEREOF the parties have set their hands the
day and the year first above written.
| Signed by |
|
| |
} |
| for and on behalf of the abovenamed Vendor
in |
| the presence of: |
| |
| NRIC No.: |
| |
| |
|
| |
|
| Signed by the abovenamed Purchaser in
the |
} |
| presence of: |
| |
| NRIC No.: |
| |
| |
|
|
| Signed by the abovenamed Proprietor in
the |
} |
| presence of: |
| |
| NRIC No.: |
| |
| |
|
|
* Delete whichever is not applicable.
# This applies only to Wilayah Persekutuan Putrajaya as
described in section 10 of the Perbadanan Putrajaya Act 1995 [Act 536].".
20. Amendment of Schedule H.
The principal Regulations are amended by substituting for
Schedule H the following:
"SCHEDULE H
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
ACT 1966
HOUSING DEVELOPMENT (CONTROL AND LICENSING)
REGULATIONS 1989
(Regulation 11(1))
SALE AND PURCHASE AGREEMENT (BUILDING
INTENDED FOR SUBDIVISION)
AN AGREEMENT made this .......................... day of
..................................................................
BETWEEN ...........................................................................................
a company incorporated in Malaysia and duly licensed under the Housing Development
(Control and Licensing) Act 1966 (License No. : .........................................................................................................................)
with
its registered office at .....................................................................................................................
(hereinafter called "the Vendor") of the *one/first part
AND .............................................................. .....................................................................
NRIC No. ..................................................................
of .......................................................................................................................
(hereinafter called
"the Purchaser") of the *other/second part AND......................................................................
............................................................................
NRIC No......................................................... of.......................................................................................................................................................
...............................................(hereinafter
called "the Proprietor") of the third part.
Preamble
WHEREAS the *Proprietor/Vendor is the registered and beneficial
owner of all that *freehold land/leasehold land of ..............................................
years expiring on .........................................
held under ...............................................................................................
(description of title) and No. of Title ................................................
*Lot No./L.O. No. ........................................ Section ..................................................
in the *Town/Village/Mukim ...................................... District
of..
............................................... State of
................................ in an area measuring approximately
........................... hectares .....................
square metres (hereinafter referred to as "the said Land")* and has granted
the Vendor the absolute right to develop the said Land as a housing development
and to sell the said Land;
*AND WHEREAS the Proprietor hereby agrees to the sale of
the said Land for the purpose of this Agreement;
AND WHEREAS the said Land is charged to ........................................
with its registered office at ........................................................................
as security for the loan granted to the Vendor;
AND WHEREAS the Vendor has, at its own cost and expense,
obtained the approval of building plans (hereinafter referred to as "the Building
Plan") from the Appropriate Authority (A copy of the Floor Plan, Storey Plan
and Site Plan as certified by the Vendor’s architect are annexed in the First
Schedule);
AND WHEREAS the Vendor is developing the said Land as a
housing development known as ..................................................................................................................................................
........................................................................
*Phase .....................................................................
complete thereon with the common facilities as in the Second Schedule (Advertisement
and Sale Permit No. : .....................................................);
AND WHEREAS the Vendor has agreed to sell and the Purchaser
has agreed to purchase a parcel with vacant possession distinguished as Parcel
No. : ........................................... which is delineated and
shaded GREEN in the Storey Plan, measuring .................... square metres
within Storey No.:
...................... of Building No: .............................
which is in turn delineated and shaded RED in the Site Plan (hereinafter referred
to as "the said Building") *with accessory parcel with vacant possession distinguished
as accessory parcel No: ........................ of Building No: ........................
(which is delineated and shaded BLUE in the Accessory Parcel Plan annexed
in the First Schedule) (hereinafter referred to as "the said Parcel"), subject
to the terms and conditions hereinafter contained;
NOW IT IS HEREBY AGREED as follows:
Parcel free from agricultural, industrial and building
restrictions
1. The Vendor hereby agrees to sell and the Purchaser agrees
to purchase the said Parcel free from any agricultural or industrial conditions
expressed or implied and any restriction against the building of housing accommodation
thereon and all encumbrances other than those imposed by the provisions hereto/already
subsisting at the date hereof (if any) and any conditions expressed or implied
affecting the title.
Parcel free from encumbrances before the Purchaser takes
vacant possession of the said Parcel
2. (1) The *Proprietor and the Vendor shall not immediately
and at any time after the date of execution of this Agreement subject the
said Land to any encumbrances without the prior approval of the Purchaser
and the *Proprietor and the Vendor undertakes that the said Parcel shall be
free from encumbrances immediately prior to the Purchaser taking vacant possession
of the said Parcel.
(2) The Purchaser shall grant such approval to the *Proprietor
and the Vendor encumbering the said Land for the purpose of obtaining credit
facilities from any bank and/or financial institution only if the Purchaser
shall have first received confirmation in writing from the relevant bank and/
or financial institution disclaiming their rights and interests over the said
Parcel and undertaking to exclude the said Parcel from any foreclosure proceedings
which such bank and/or financial institution may take against the *Proprietor
and Vendor and/or the said Land.
(3) In the event the said Land shall be encumbered to any
bank and/or financial institution by the Vendor, the Vendor shall deliver
or cause to be delivered to the Purchaser and/or the Financier a copy of the
redemption statement and undertaking letter issued by such bank and/or financial
institution in respect of the said Parcel and shall authorise the Purchaser
to pay such portion of the purchase price or the Financier to release such
portion of the Loan, as the case may be, equivalent to the amount of the redemption
sum payable in respect of the said Parcel directly to such bank and/or financial
institution and thereafter the balance purchase price or the balance Loan
to the Vendor provided all such payments and releases are made progressively
at the time and in the manner prescribed in the Third Schedule hereto.
Purchase price
3. The Purchase price of the said Parcel is .................................................
ringgit (RM ......................................... ) only and shall be
payable in the manner hereinafter provided.
Schedule of payments
4. (1) The purchase price shall be paid by the Purchaser
to the Vendor by instalments and at the time and in the manner as prescribed
in the Third Schedule hereto. The Vendor is not bound to commence or complete
the works in the order referred to in the Third Schedule and the Purchaser
shall pay the instalments according to the stage of works completed by the
Vendor provided that any damage to the completed works by subsequent stage
of works shall be repaired and made good by the Vendor at its own cost and
expense before the Purchaser takes vacant possession of the said Parcel.
(2) Every notice referred to in the Third Schedule requesting
for payment shall be supported by a certificate signed by the Vendor’s architect
or engineer in charge of the housing development and every such certificate
so signed shall be proof of the fact that the works therein referred to have
been completed.
Loan
5. (1) If the Purchaser is desirous of obtaining a loan
to finance the payment of the purchase price of the said Parcel the Purchaser
shall, within fourteen (14) days after receipt of a stamped copy of the Agreement,
make a written application for such loan to the Vendor who shall use its best
endeavours to obtain for the Purchaser from a bank, finance company, building
society or a financial institution (hereinafter called "the Financier") a
loan (hereinafter called "the Loan") and if the Loan is obtained the Purchaser
shall, within a reasonable time, execute all necessary forms and documents
and pay all fees, legal costs and stamp duty in respect thereof.
(2) The Purchaser shall utilise the whole of the Loan towards
the payment of the purchase price of the said Parcel at the time and in the
manner set out in the Third Schedule hereto.
(3) If the Purchaser fails to obtain the Loan due to his
ineligibility of income and has produced proof of such ineligibility to the
Vendor, the Purchaser shall then be liable to pay to the Vendor only one per
centum (1%) of the purchase price and this Agreement shall subsequently be
terminated. In such an event, the Vendor shall, within twenty-one (21) days
of the date of the termination, refund the Purchaser the balance of the amount
paid by the Purchaser.
(4) Subject to subclause (3), if the Purchaser fails to
accept the Loan or defaults in complying with the necessary requirements for
the application or is disqualified as a result of which the Loan is withdrawn
by the Financier, as the case may be, the Purchaser shall then be liable to
pay to the Vendor the whole of the purchase price or such part thereof as
shall then remain outstanding.
(5) In the event that the Vendor shall not be able to obtain
any loan for the Purchaser, the Vendor shall, within fourteen (14) days receipt
of notification of rejection of the loan, inform the Purchaser of the same
and the Vendor shall not in any way be liable to the Purchaser for any loss
damage, cost or expense howsoever arising or incurred and such failure to
obtain the loan shall not be a ground for any delay in the payment or for
any non-payment on due dates of any of the instalments of the purchase price
as set out in the Third Schedule hereto.
Loans from Federal or State Government or statutory authority
6. (1) If the Purchaser is desirous of obtaining a loan
from the Government of Malaysia or any State Government in Malaysia or any
statutory authority which provides loan facilities, the Purchaser shall, within
fourteen (14) days after receipt of a stamped copy of the Agreement, inform
the Vendor of the same in writing and the Purchaser shall do all acts and
things necessary to secure the loan.
(2) If the Purchaser fails to obtain the loan for any reason
whatsoever, the Purchaser shall then be liable to pay to the Vendor the whole
of the purchase price or such part thereof as shall then remain outstanding.
Purchaser’s right to initiate and maintain action
7. The Purchaser shall be entitled on his own volition in
his own name to initiate, commence, institute and maintain in any court or
tribunal any action, suit or proceeding against the Vendor or any other person
in respect of any matter arising out of this Agreement unless a contrary intention
is expressed in any agreement, assignment or charge between the Purchaser
and the Financier in which case the prior written consent of the Financier
must first be obtained.
Time essence of contract
8. Time shall be the essence of the contract in relation
to all provisions of this Agreement.
Interest on late payments
9. (1) Without prejudice to the Vendor’s rights under clause
10 hereof, if any of the instalments set out in the Third Schedule hereto
shall remain unpaid by the Purchaser at the expiration of the said period
of twenty-one (21) working days, interest on such unpaid instalment or instalments
shall commence immediately thereafter and be payable by the Purchaser, such
interest to be calculated from day to day at the rate of ten per centum (10%)
per annum.
(2) The Vendor shall not be entitled to charge interest
on late payment in respect of any instalment if the delay in payment of such
instalment is due to any one or more of the following:
(a) the relevant progressive
claim notice referred to in the Third Schedule hereto furnished by the Vendor
to the Purchaser and/or the Financier is not complete or is not in compliance
with the requirement of subclause 4(2) hereof;
(b) in the event the said
Land is encumbered to any bank and/or financial institution by the Vendor,
such bank and/or financial institution delays or fails to issue and deliver
the redemption statement and undertaking letter in respect of the said Parcel
to the Purchaser or the Financier;
(c) in the event the said
Land is encumbered to any bank and/or financial institution by the Vendor,
the Financier shall refuse to release the relevant portion of the Loan equivalent
to the progressive payment due on the ground that such progressive payment
is insufficient to settle the full redemption sum payable in respect of
the said Parcel.
Default by Purchaser and determination of Agreement
10. (1) If the Purchaser—
(a) subject to subclause
(3) below fails to pay any instalments payable under subclause 4(1) in accordance
with Third Schedule hereto or any part thereof and any interest payable
under Clause 9 for any period in excess of twenty-eight (28) days after
its due date; or
(b) commits any breach of
or fails to perform or observe any material terms or conditions or covenants
contained in this Agreement; or
(c) before payment in full
of the purchase price of the said Parcel, commits an act of bankruptcy or
enters into any composition or arrangement with his creditors or, being
a company, enters into liquidation whether compulsory or voluntary,
the Vendor may, subject to subclause (2) hereof, annul the
sale of the said Parcel and forthwith terminate this Agreement and in such
an event—
(i) the Vendor shall be entitled to deal with or otherwise
dispose of the said Parcel in such manner as the Vendor shall see fit as
if this Agreement had not been entered into;
(ii) the instalments previously paid by the Purchaser
to the Vendor, excluding any interest paid, shall be dealt with and disposed
of as follows—
(a) firstly, all interest
calculated in accordance with clause 9 hereof owing and unpaid shall be
paid to the Vendor;
(b) secondly, an amount
to be forfeited by the Vendor as follows:
(i) where up to fifty per centum (50%) of the purchase
price has been paid, an amount equal to ten per centum (10%) of the
purchase price;
(ii) where more than fifty per centum (50%) of the
purchase price has been paid, an amount equal to twenty per centum (20%)
of the purchase price;
(c) lastly, the residue
thereof shall be refunded to the Purchaser;
(iii) neither party hereto shall have any further claim
against the other for costs, damages, compensation or otherwise hereunder;
and
(iv) each party hereto shall pay its own costs in the
matter.
(2) Upon the occurrence of any of the events set out in
paragraph 10(1) (a), (b) or (c) herein, the Vendor shall give
the Purchaser or his solicitors not less than fourteen (14) days notice in
writing by A. R. Registered post to treat this Agreement as having been repudiated
by the Purchaser and unless in the meanwhile such default and/or breach alleged
is rectified or such unpaid installments and interest are paid or subclause
(3) shall apply, this Agreement shall, at the expiration of the said notice
at the option of the Vendor, be deemed to be annulled.
(3) If the Purchaser shall have before the expiry of the
said fourteen (14) days notice obtained approval of the Loan and has paid
the difference between the purchase price and the Loan and delivered to the
Vendor the undertaking letter from the Financier to release the Loan to the
Vendor, the Vendor then shall not annul the sale of the said Parcel and terminate
this Agreement unless the Financier shall default in its undertaking to release
the Loan to the Vendor or fail to make the first disbursement of the Loan
to the Vendor within thirty (30) days from the expiry of the said fourteen
(14) days notice.
Separate strata title and transfer of title
11. (1) The Vendor shall, at its own cost and expense and
as expeditiously as possible, apply for subdivision of the said Building so
as to obtain the issue of a separate strata title to the said Parcel under
the Strata Titles Act 1985.
(2) Upon the issuance of the strata title to the said Parcel
and subject to the payment of the purchase price by the Purchaser to the Vendor
in accordance with subclause 4(1) and the observance of all the terms and
conditions herein provided, the Vendor shall, within twenty-one (21) days,
execute a valid and registrable memorandum of transfer of the said Parcel
to the Purchaser, his heir or nominee or lawful assign, as the case may be.
Consent to assignment/subsale
12. (1) Pending the issuance of the separate strata title
to the said Parcel and the transfer of title to the Purchaser and Provided
that the Purchaser has fully paid the purchase price and duly complied with
all the terms and conditions and stipulations on the Purchaser’s part contained
herein, the Vendor shall not, subject to subclause (2) hereof, withhold its
consent to any intended sale, transfer or assignment by the Purchaser to any
third party (including any bank or financial institution) and the Vendor shall
endorse consent to the assignment between the Purchaser and his intended purchaser/assignee
within twenty one (21) days from the date of receipt by the Vendor of such
assignment.
(2) The Purchaser shall pay to the Vendor for giving the
consent an administrative fee in the sum of five hundred ringgit (RM500.00)
or zero point five per centum (0.5%) of the purchase price whichever shall
be lower. No administrative fee shall be payable in respect of any consent
in favour of any bank or financial institution or in respect of any consent
to a reassignment from the bank or financial institution to the Purchaser.
The Vendor shall not require the Purchaser or the intended purchaser/assignee
to pay the Vendor’s solicitor’s fees in any event.
Position and area of Parcel
13. (1) No error or misstatement as to the description of
the area of the said Parcel shall annul the sale of the said Parcel or entitle
the Purchaser to be discharged from the purchase.
(2) Any error or misstatement as to the description of the
area of the said Parcel shall give the Purchaser an entitlement to an adjustment
of the purchase price in accordance with the provisions of this clause.
(3) If the area of the said Parcel as shown in the strata
title when issued is less than the area shown in the Building Plan, there
shall be an adjustment of the purchase price for the difference (if any) in
excess of three (3) per centum of the area as shown in the Building Plan calculated
at the rate of.....................ringgit (RM....................) only per
square metre shall be adjusted accordingly.
(4) The Vendor shall not be entitled to any adjustment of
the purchase price if the area of the said Parcel as shown in the strata title
exceeds the area shown in the Building Plan.
(5) Any payment resulting from the adjustment and required
to be paid by the Vendor shall be so paid within fourteen (14) days of the
issue of the strata title.
Materials and workmanship to conform to description
14. The said Parcel together with all the common property
shall be constructed in a good and workmanlike manner in accordance with the
description set out in the Fourth Schedule hereto and in accordance with the
plans approved by the Appropriate Authority which description and plans have
been accepted and approved by the Purchaser, as the Purchaser hereby acknowledges.
No changes thereto or deviations therefrom shall be made without the consent
in writing of the Purchaser except such as may be required by the Appropriate
Authority. The Purchaser shall not be liable for the cost of such changes
or deviations and in the event that the changes or deviations involve the
substitution or use of cheaper materials or the omission of works originally
agreed to be carried out by the Vendor the Purchaser shall be entitled to
a corresponding reduction in the purchase price herein or to damages, as the
case may be.
Restriction against variation by Purchaser
15. (1) The Purchaser shall not carry out or cause to be
carried out any variation to the said Parcel and description therein or any
alteration or addition to the said Parcel or install or cause to be installed
any fixture or fitting therein which would involve the amendment of the approved
Building Plan or the submission of further plans without the prior written
consent of the Vendor until the relevant Certificate of Fitness for Occupation
has been issued.
(2) Where the Vendor agrees to carry out such alterations
or additional works for the Purchaser the Vendor shall annex to this Agreement
an inventory list of such permissible alterations or additional items with
a prefixed schedule of rates of charges in respect thereof and the Purchaser
shall pay for the cost of such alterations or additional works within twenty-one
(21) working days of the Vendor’s request in writing for such payment.
# Restriction against change to colour code
16. Notwithstanding the provisions of clause 15, the Purchaser
shall not carry out or cause to be carried out any change in the colour of
the exterior of the said Parcel without the prior written consent of the Appropriate
Authority.
Infrastructure and maintenance
17. (1) The Vendor shall, at its own cost and expense, construct
or cause to be constructed the infrastructure, including the roads, driveways,
drains, culverts, water mains and sewerage system serving the said Building
in accordance with the requirements and standards of the Appropriate Authority.
(2) The Vendor shall also bear all costs and expenses for
the maintenance of the infrastructure until such date when the Purchaser takes
vacant possession of the said Parcel.
(3) From the date the Purchaser takes vacant possession
of the said Parcel until such time when it is taken over by the Appropriate
Authority or the management corporation, as the case may be, the Purchaser
shall pay a fair and justifiable proportion of the costs and expenses incurred
for the maintenance of the infrastructure.
Common facilities and services
18. (1) The Vendor shall, at its own cost and expense, construct
or cause to be constructed the common facilities serving the housing development
and provide services including the collection of refuse, the cleaning of public
drains and the cutting of grass as specified in the Second Schedule hereto.
(2) The Vendor shall bear all costs and expenses for the
maintenance and management of the said facilities and services until such
date when the Purchaser takes vacant possession of the said Parcel.
Payment of service charges
19. (1) The Purchaser shall be liable for and shall pay
the service charges for the maintenance and management of the common property
and for the services provided by the Vendor prior to the establishment of
a management corporation under the Strata Titles Act 1985.
(2) From the date the Purchaser takes vacant possession
of the said Parcel, the Purchaser shall pay a fair and justifiable proportion
of the costs and expenses for the maintenance and management of the common
property and for the services provided. Such amount payable shall be determined
according to the provisional share units assigned to the said Parcel by the
Vendor’s licensed land surveyors. The amount determined shall be the amount
sufficient for the actual maintenance and management of the common property.
The Purchaser shall pay one (1) month’s deposit and three (3) months’ advance
in respect of the service charges and any payment thereafter shall be payable
monthly in advance.
(3) Every written notice to the Purchaser requesting for
the payment of service charges from the Vendor shall be supported by a service
charge statement issued by the Vendor. The service charge statement shall
be in the form annexed in the Fifth Schedule and full particulars of any increase
in the service charges shall be reflected in the subsequent service charge
statement.
(4) The service charge payable shall be paid within seven
(7) days of the receipt by the Purchaser of the Vendor’s written notice requesting
the same. If the service charge shall remain unpaid by the Purchaser at the
expiration of the said period of seven (7) days, interest on the service charge
shall commence immediately thereafter and be payable by the Purchaser, such
interest to be calculated from day to day at the rate of ten per centum (10%)
per annum.
(5) The Vendor may appoint a duly qualified person or agent
to provide the services referred to in subclause (1) hereof and the Vendor
shall forthwith give written notice of such appointment to the Purchaser and
all payments for the service charges to be paid by the Purchaser to such person
or agent shall be deemed to be payment of the same to the Vendor.
(6) The Vendor shall (and in the event a person or agent
is appointed by the Vendor to provide the said services pursuant to subclause
(5) hereof, the Vendor shall cause such person or agent so to do) provide
the Purchaser with a copy of the annual audited accounts for the expenses
incurred for the provision of the said services.
Sinking fund
20. (1) The Vendor shall, upon the date the Purchaser takes
vacant possession of the said Parcel, open and maintain and separate sinking
fund for the purposes of meeting the actual or expected liabilities in respect
of the following matters—
(a) the painting or repainting
of any part of the common property;
(b) the acquisition of any
movable property for use in relation with the common property; or
(c) the renewal or replacement
of any fixture or fitting comprised in the common property.
(2) The Purchaser shall, upon the date he takes vacant possession
of the said Parcel contribute to the sinking fund an amount equivalent to
ten per centum (10%) of the service charges determined in accordance with
subclause 19(2) hereof and thereafter such contribution shall be payable monthly
in advance.
(3) Prior to the establishment of a management corporation
under the Strata Titles Act 1985, all funds accumulated in the sinking fund
shall be held by the Vendor in trust for the Purchaser and the purchasers
of the other parcels in the said housing development.
(4) The Vendor shall (and in the event a person or agent
is appointed by the Vendor to provide the services in subclause (1), the Vendor
shall cause such person or agent so to do) provide the Purchaser with a copy
of the annual audited accounts for the expenses incurred for the provision
of the said services.
Insurance
21. (1) The Vendor, the Purchaser and all other purchasers
shall, upon the completion of the said Building and until the management corporation
is established, insure and keep insured the said Building against loss or
damage by fire and against all such other risks as the Vendor may think fit.
(2) From the date the Purchaser takes vacant possession
of the said Parcel, the Purchaser shall pay a fair and justifiable proportion
of the insurance premium. Such amount payable shall be determined according
to the provisional share units assigned to the said Parcel by the Vendor’s
licensed land surveyor.
(3) The insurance premium payable shall be paid within seven
(7) days of the receipt by the Purchaser of the Vendor’s written notice requesting
the same. If the insurance premium shall remain unpaid by the Purchaser at
the expiration of the said period of seven (7) days, interest on such sum
shall commence immediately thereafter and be payable by the Purchaser, such
interest to be calculated from day to day at the rate of ten per centum (10%)
per annum.
Payment of outgoings
22. The Purchaser shall be liable for all outgoings including
quit rent, rates, taxes, assessment and other charges in respect of the said
Parcel as from the date he takes vacant possession of the said Parcel and
the Purchaser shall indemnify the Vendor of such outgoings in respect of the
said Parcel, such amount to be determined according to the provisional share
units assigned to the said Parcel by the Vendor’s licensed land surveyor.
The Purchaser shall continue to pay such outgoings from the date he takes
vacant possession of the said Parcel until a separate strata title to the
said Parcel is issued and transferred to the Purchaser.
Water, electricity, gas piping, telephone trunking
23. (1) The Vendor shall, at its own cost and expense, lay
or cause to be laid all necessary water, electricity and sewerage mains, gas
piping (if any) and internal telephone trunking and cabling, to serve the
said Building and at its own cost and expense undertake to apply for the connection
of internal water, electricity, sanitary and gas installations (if any) of
the said Parcel to the water, electricity and sewerage mains of the Appropriate
Authority, and the gas mains of the relevant authority.
(2) The Purchaser shall be liable for and shall pay, within
fourteen (14) days after the receipt of a notice requesting for payment from
the Vendor, the deposits for the installation of water, electricity and gas
metres and the Vendor shall bear all other costs, if any.
(3) The Purchaser may apply for telephone service and shall
be liable for and shall pay the deposit for such service.
Compliance with written laws
24. The Vendor shall, in relation to the said Building to
be erected, conform to the provisions and requirements of any written law
for the time being in force affecting the said housing development and shall
keep the Purchaser indemnified against all fines, penalties or losses incurred
be reason of any breach of the provisions of any written laws.
New laws affecting housing development
25. The Purchaser shall not be liable to indemnify the Vendor
in the event of an introduction of new laws or the amendment of existing laws
which shall impose on the Vendor additional fees, charges or taxes, the payment
of which shall be necessary for continuing and completing the development
of the said housing development or any part or parts thereof in accordance
with the Building Plan and description therein referred to and the due observance
and performance by the Vendor of its obligations and liabilities hereunder.
Time for delivery of vacant possession
26. (1) Vacant possession of the said Parcel shall be delivered
to the Purchaser in the manner stipulated in clause 27 herein within thirty-six
(36) calendar months from the date of this Agreement.
(2) If the Vendor fails to deliver vacant possession of
the said Parcel in the manner stipulated in clause 27 herein within the time
stipulated in subclause (1), the Vendor shall be liable to pay to the Purchaser
liquidated damages calculated from day to day at the rate of ten per centum
(10%) per annum of the purchase price from the expiry date of the delivery
of vacant possession in subclause (1) until the date the Purchaser takes vacant
possession of the said Parcel. Such liquidated damages shall be paid by the
Vendor to the Purchaser immediately upon the date the Purchaser takes vacant
possession of the said Parcel.
(3) For the avoidance of doubt, any cause of action to claim
liquidated damages by the Purchaser under this clause shall accrue on the
date the Purchaser takes vacant possession of the said Parcel.
(4) For the purpose of claiming any liquidated damages in
the Tribunal of Homebuyer Claims established under section 16B of the Housing
Development (Control and Licensing) Act 1966 [Act 118], such claim
shall be made not later than twelve months from—
(a) the date of issuance
of the certificate of fitness for occupation for the said Parcel; or
(b) the expiry date of the
defects liability period as set out in clause 30.
Manner of delivery of vacant possession
27. (1) Upon the issuance of a Certificate by the Vendor’s
architect certifying that the construction of the said Parcel has been duly
completed and water and electricity supply are ready for connection to the
said Parcel and the Vendor has applied for the issuance of the Certificate
of Fitness for Occupation from the Appropriate Authority in compliance with
the relevant provisions of the Uniform Building By-Laws 1984 and the Purchaser
having paid all monies payable under clause 4 in accordance with the Third
Schedule and all other monies due under this Agreement and the Purchaser having
performed and observed all the terms and covenants on his part under this
Agreement the Vendor shall let the Purchaser into possession of the said Parcel.
(2) The delivery of vacant possession by the Vendor shall
be supported by—
(a) a certificate signed
by the Vendor’s Architect certifying that the said Building has been duly
constructed and completed in accordance with the relevant Acts, by-laws
and regulations and that all conditions imposed by the Appropriate Authority
in respect of the issuance of the Certificate of Fitness for Occupation
have been duly complied with; and
(b) a letter of confirmation
from the Appropriate Authority certifying that the Form E as prescribed
under the Second Schedule to the Uniform Building By-Laws 1984 has been
duly submitted by the Vendor and checked and accepted by the Appropriate
Authority.
(3) Such possession shall not give the Purchaser the right
to occupy and the Purchaser shall not occupy the said Parcel until such time
as the Certificate of Fitness for Occupation for the said Building is issued.
(4) Upon the expiry of fourteen (14) days from the date
of a notice from the Vendor requesting the Purchaser to take possession of
the said Parcel, whether or not the Purchaser has actually entered into possession
or occupation of the said Parcel, the Purchaser shall be deemed to have taken
delivery of vacant possession.
Completion of common facilities
28. (1) The common facilities serving the said housing development
shall be completed by the Vendor within thirty-six (36) calendar months from
the date of this Agreement.
(2) If the Vendor fails to complete the common facilities
in time the Vendor shall pay immediately to the Purchaser liquidated damages
to be calculated from day to day at the rate of ten per centum (10%) per annum
of the last twenty per centum (20%) of the purchase price.
Vendor to obtain Certificate of Fitness for Occupation
29. The Vendor shall, pursuant to the application for the
Certificate of Fitness for Occupation under subclause 26(1), at its own cost
and expense, duly comply with all the requirements of the Appropriate Authority
which are necessary for the issuance of the Certificate of Fitness for Occupation
in respect of the said Building.
Defect liability period
30. (1) Any defects, shrinkage or other faults in the said
Parcel or in the said Building or in the common property which shall become
apparent within a period of eighteen (18) calendar months after the date the
Purchaser takes vacant possession of the said Parcel and which are due to
defective workmanship or materials or the said Parcel or the said Building
or the common property not having been constructed in accordance with the
plans and description as specified in the First and Fourth Schedule as approved
or amended by the Appropriate Authority, shall be repaired and made good by
the Vendor at its own cost and expense within thirty (30) days of its having
received written notice thereof from the Purchaser and if the said defects,
shrinkage or other faults in the said Parcel or in the said Building or in
the common property have not been made good by the Vendor, the Purchaser shall
be entitled to recover from the Vendor the cost of repairing and making good
the same and the Purchaser may deduct such costs from any sum which has been
held by the Vendor’s solicitor as stakeholder for the Vendor and subject to
subclause (2), the Vendor’s solicitors shall release such costs from such
sum to the Purchaser within fourteen (14) days after receipt by the Vendor’s
solicitors of the Purchaser’s written demand.
(2) The Purchaser shall, at any time after the expiry of
the said period of thirty (30) days, notify the Vendor of the cost of repairing
and making good the said defects, shrinkage or other faults before the commencement
of the works and shall give the Vendor an opportunity to carry out the works
himself within fourteen (14) days from the date the Purchaser has notified
the Vendor of this intention to carry out the said works.
Common rights of Purchaser
31. (1) The Vendor confirms that the said Parcel and all
other parcels are sold together with free rights and liberties for the Purchaser,
his personal representatives, successors in title, his permitted assigns and
his servants, agents, licencees and invitees in common with the Vendor and
all other persons having the like rights and liberties to use without or with
vehicles of every description at all times and for all purposes whatsoever
connected with the use and enjoyment of the said Parcel to pass and repass
along, over and upon all roads serving the said housing development and to
make all necessary connections and thereafter to use in a proper manner the
drains, pipes, cables and wires laid or constructed by the Vendor under or
over such roads.
(2) The Vendor hereby undertakes that the purchasers of
parcels comprised in the said housing development shall enter into similar
covenants and hereby further undertakes to ensure that in the event of any
transfer of the said Parcel from the Purchaser to a subsequent purchaser the
latter shall undertake to be bound by the covenants of this clause which shall
continue to apply notwithstanding the completion of the sale and purchase
agreement.
Service of documents
32. (1) Any notice, request or demand required to be served
by either party hereto to the other under this Agreement shall be in writing
and shall be deemed to be sufficiently served—
(a) if it is sent by the
party or his solicitors by registered post addressed to the other party’s
address hereinbefore mentioned and in such a case it shall be deemed to
have been received upon the expiry of a period of five (5) days of posting
of such registered letter; or
(b) if it is given by the
party or his solicitors by hand to the other party of his solicitors.
(2) Any change of address by either party shall be communicated
to the other.
Stamp and registration fee
33. The stamp and registration fee for this Agreement and
the subsequent transfer of the said Parcel referred to in subclause 11(2)
hereof shall be borne and paid by the Purchaser but each party shall bear
its own solicitor’s costs.
Schedules
34. The First, Second, Third, Fourth and Fifth Schedule
hereto shall form part of this Agreement and shall be read, taken and construed
as an essential part of this Agreement.
Interpretation
35. In this Agreement, where the context so admits—
(a) "accessory parcel" means
any parcel shown in the Site Plan and Storey Plan and Accessory Parcel Plan
as an accessory parcel which is used or intended to be used in conjunction
with the Parcel;
(b) "Appropriate Authority"
means any authority for the time being authorised under any written law
in force in West Malaysia to approve building plans, subdivision of land,
subdivision of building, the issue of documents of title and to enforce
any other laws related thereto and includes any corporation or private agency
licensed by the Appropriate Authority to provide electricity, telephone,
sewerage services and other related services;
(c) "common property" means
so much of the land as is not comprised in any parcel (including any accessory
parcel), or any provisional block and the fixtures and fittings including
lifts, refuse chutes, drains, sewers, pipes, wires, cables and ducts and
all other facilities and installations used or capable of being used or
enjoyed in common by all the purchasers;
(d) "Controller" means the
Controller of Housing appointed under the Housing Development (Control and
Licensing) Act 1966;
(e) "management corporation"
means the management corporation as defined under the Strata Titles Act
1985;
(f) "parcel" means one of
the individual units comprised in the subdivided building which is to be
held under separate strata title;
(g) "Purchaser" includes
his heirs, personal representatives, successors in title and permitted assigns
and where there are two or more persons included in the expression "the
Purchaser" their liabilities under this Agreement shall be joint and several;
(h) "ready for connection"
means electrical points and water fittings and fixtures have been installed
by the developer and tested and commissioned by the Appropriate Authority
or its authorised agents, and supply is available for tapping into individual
parcel units;
(i) "service charge statement"
shall include a list and description of the services provided, the expenditure
incurred and the amount of service charge due to the Vendor in respect thereof;
(j) "Vendor" includes its
successors in title and permitted assigns; and
(k) words importing the masculine
gender shall be deemed and taken to include the feminine and neuter genders
and the singular to include the plural and vice
versa.
Persons to be bound by Agreement
36. This Agreement shall be binding upon the successors
in title and permitted assigns of the Vendor, the heirs, personal representatives,
successors in title and permitted assigns of the Purchaser *and the Proprietor.
FIRST SCHEDULE
(A copy of the following plans attached)
Reference No:
Name of Appropriate Authority:
1. Floor Plan of the said Parcel.
2. Storey Plan of the said Building comprising the said
Parcel.
3. Site Plan.
4. Accessory Parcel Plan (if applicable).
SECOND SCHEDULE
COMMON FACILITIES AND SERVICES
(a) List and description of
common facilities serving the said housing development.
(b) List and description of
services provided.
THIRD SCHEDULE
(Clause 4(1))
SCHEDULE OF PAYMENT OF PURCHASE PRICE
| |
Instalments Payable |
% |
Amount |
| |
|
|
|
| 1. |
Immediately upon the signing of |
10 |
RM |
| |
this Agreement. |
|
|
| |
|
|
|
| 2. |
Within twenty one (21) |
|
|
| |
working days after receipt by the |
|
|
| |
Purchaser of the Vendor’s written notice |
|
|
| |
of the completion of:— |
|
|
| |
|
|
|
| |
(a) the
work below ground level |
10 |
RM |
| |
including piling and foundation of the
said |
|
|
| |
Building comprising the said Parcel |
|
|
| |
|
|
|
|
| |
(b) |
the reinforced concrete framework and |
15 |
RM |
| |
|
floor slab of the said Parcel |
|
|
| |
|
|
|
|
| |
(c) |
the walls of the said Parcel with door
and |
10 |
RM |
| |
|
window frames placed in position |
|
|
| |
|
|
|
|
| |
(d) |
the roofing/ceiling, electrical wiring, |
10 |
RM |
| |
|
plumbing (without fittings), gas piping |
|
|
| |
|
(if any) and internal telephone trunking
and |
|
|
| |
|
cabling to the said Parcel |
|
|
| |
|
|
|
|
| |
(e) |
the internal and external plastering
of the |
10 |
RM |
| |
|
said Parcel |
|
|
| |
|
|
|
|
| |
(f) |
the sewerage works serving the said Building |
5 |
RM |
| |
|
|
|
|
| |
(g) |
the drains serving the said Building |
5 |
RM |
| |
|
|
|
|
| |
(h) |
the roads serving the said Building |
5 |
RM |
| |
|
|
|
|
| 3. |
On the date the Purchaser
takes possession |
12.5 |
RM |
| |
of the said Parcel with water
and electricity |
|
|
| |
supply ready for connection
to the said Parcel |
|
|
| |
|
|
|
|
| 4. |
Within twenty-one (21) working
days after receipt |
2.5 |
RM |
| |
by the Purchaser of the written
confirmation of the |
|
|
| |
Vendor’s submission to and
acceptance by the |
|
|
| |
Appropriate Authority of
the application for |
|
|
| |
subdivision of the said Building |
|
|
| |
|
|
|
|
| 5. |
On the date the Purchaser
takes vacant possession |
5 |
RM |
| |
of the said Parcel as in
item 3 and to be held |
|
|
| |
by the Vendor’s solicitor
as stakeholder for payment |
|
|
| |
to the Vendor as follows— |
|
|
| |
|
|
|
|
| |
(a) |
two point five per centum (2.5%) at the |
|
RM |
| |
|
expiry of six (6) months after |
|
|
| |
|
the date the Purchaser takes vacant |
|
|
| |
|
possession of the said Parcel |
|
|
| |
|
|
|
|
| |
(b) |
two point five per centum (2.5%) at the |
|
RM |
| |
|
expiry of eighteen (18) months |
|
|
| |
|
after the date the Purchaser takes vacant |
|
|
| |
|
possession of the said Parcel |
|
|
| |
|
|
|
|
| |
|
|
|
|
| |
|
TOTAL |
100 |
RM |
| |
|
|
|
|
|
FOURTH SCHEDULE
(Clause 14)
BUILDING DESCRIPTION
(a) Structure
(b) Brick
(c) Roofing tiles
(d) Roof timber
(e) Ceiling
(f) Windows
(g) Doors
(h) Locks
(i) Decoration
(j) Flooring
(k) Wall tiles
(l) Sanitary installation
(m) Electrical installation
(n) Fencing
(o) Turfing
*(p) Gas piping
(q) Internal telephone trunking
and cabling
FIFTH SCHEDULE
(Clause 18)
FORM OF SERVICE CHARGE STATEMENT
Project: For the year: Date: Expenses details:
| No. |
Description |
Estimated |
Estimated Annual |
| |
|
Monthly Expenses |
Expenses |
| |
|
(RM) |
(RM) |
| |
|
|
|
| |
|
|
|
| 1. |
Air conditioning system |
|
|
| |
maintenance |
|
|
| |
|
|
|
| 2. |
Audit fee |
|
|
| |
|
|
|
| 3. |
Bank charges |
|
|
| |
|
|
|
| 4. |
Building automation system |
|
|
| |
|
|
|
| 5. |
Car park maintenance |
|
|
| |
|
|
|
| 6. |
CCTV maintenance |
|
|
| |
|
|
|
| 7. |
Cleaning services |
|
|
| |
|
|
|
| 8. |
Electrical system maintenance |
|
|
| |
|
|
|
| 9. |
Electricity supply |
|
|
| |
|
|
|
| 10. |
Fire fighting system maintenance |
|
|
| |
|
|
|
| 11. |
Gardening and landscaping |
|
|
| |
|
|
|
| 12. |
General repair/maintenance |
|
|
| |
|
|
|
|
| 13. |
Generator system maintenance |
|
|
| |
|
|
|
| 14. |
Intercom repair & maintenance |
|
|
| |
|
|
|
| 15. |
Lift/escalator system maintenance |
|
|
| |
|
|
|
| 16. |
Main TVantenna |
|
|
| |
maintenance |
|
|
| |
|
|
|
| 17. |
Management fee |
|
|
| |
|
|
|
| 18. |
Management office expenses |
|
|
| |
|
|
|
| 19. |
Water supply |
|
|
| |
|
|
|
| 20. |
Pest control |
|
|
| |
|
|
|
| 21. |
Refuse collection |
|
|
| |
|
|
|
| 22. |
Security |
|
|
| |
|
|
|
| 23. |
Sewerage maintenance |
|
|
| |
|
|
|
| 24. |
Signage |
|
|
| |
|
|
|
| 25. |
Staff cost |
|
|
| |
|
|
|
| 26. |
Swimming pool maintenance |
|
|
| |
|
|
|
| |
|
|
|
| |
|
|
|
| |
Total expenses |
RM |
RM |
| |
|
|
|
| |
*Amount per square metre |
RM |
RM |
| |
|
|
|
| |
Area of said Parcel (in square metre) |
|
|
| |
|
|
|
| |
Amount of service charge |
RM |
RM |
| |
|
|
|
|
Note: (i) Delete where any of the items described above
are not applicable.
(ii) Save as in the Note (i) above, no addition or amendment
to the above list is permitted without the prior written consent of the
Controller.
(iii) *Calculated as follows:
Total expenses/Total area of all parcels comprised in the
housing development
IN WITNESS WHEREOF the parties have set their hands the
day and the year first above written.
| Signed by |
|
| |
} |
| for and on behalf of the abovenamed Vendor
in |
| the presence of: |
| |
| NRIC No.: |
| |
| |
|
| |
|
| Signed by the abovenamed Purchaser in the |
} |
| presence of: |
| |
| NRIC No.: |
| |
| |
|
|
* Delete whichever is not applicable.
# This applies only to Wilayah Persekutuan Putrajaya as
described in section 10 of the Perbadanan Putrajaya Act 1995 [Act 536].".
21. Savings.
Notwithstanding the provisions of these Regulations, any
licensed housing developer who before the coming into force of these Regulations
was carrying on the business of housing development, may continue to carry
on such business for such period and subject to such conditions as may be
specified in the licence.
Made 18 November 2002
DATO’ SERI ONG KA TING
Minister of Housing and Local Government
|
