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Seller To Rectify Unauthorized Works/hackings - Whose Responsibility To Pursue?

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Hi all,

Just wanna ask for some general opinion and info here.

[The Story]

We've exercised OTP and waiting for our 1st appointment now. We've expressively confirmed with the seller's agent and sellers themselves prior to exercising OTP that all renovation works have been submitted and approved by HDB. However, it seems that during the pre-1st appointment HDB inspection, there were no alteration permits submitted by the seller a.k.a unauthorized works.

[Assuming here onwards that I believe the seller's story]

The sellers, it seems, was caught unaware as well that their contractor didn't submit for them previously. Furthermore, the contractor has now gone bust. As per HDB regulations, HDB would therefore require the sellers to rectify.

[The following are my questions]

1. If my current understanding is correct, HDB would make sure the sellers rectify anything unauthorized prior to the 1st appointment date?

2. What would happen if the seller doesn't rectify by then? Would the 1st appointment be delayed? Would HDB find fault with the seller in this case?

3. Should the buyer (me) be involved in all this and perhaps, "chase" the sellers in a way?

Thanks in advance for anyone who would be able to advise or comment.

 

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Hi all,

Just wanna ask for some general opinion and info here.

[The Story]

We've exercised OTP and waiting for our 1st appointment now. We've expressively confirmed with the seller's agent and sellers themselves prior to exercising OTP that all renovation works have been submitted and approved by HDB. However, it seems that during the pre-1st appointment HDB inspection, there were no alteration permits submitted by the seller a.k.a unauthorized works.

[Assuming here onwards that I believe the seller's story]

The sellers, it seems, was caught unaware as well that their contractor didn't submit for them previously. Furthermore, the contractor has now gone bust. As per HDB regulations, HDB would therefore require the sellers to rectify.

[The following are my questions]

1. If my current understanding is correct, HDB would make sure the sellers rectify anything unauthorized prior to the 1st appointment date?

2. What would happen if the seller doesn't rectify by then? Would the 1st appointment be delayed? Would HDB find fault with the seller in this case?

3. Should the buyer (me) be involved in all this and perhaps, "chase" the sellers in a way?

Thanks in advance for anyone who would be able to advise or comment.

1.yes, sellers have to rectify the unauthorised works

2. think the 2nd appointment would be delayed since u already got the 1st appt date. If u are overhauling the entire place (i.e also removing the unauthorized works), HDB might allow the sales to proceed but pls confirm with the HDB officer assigned to handle your resale transaction. An indemnity form would have to be signed by both parties to 'transfer' the responsibility to u, the buyer. Usually difficult to get HDB officer on the line so email to them.

3. you can chase after the seller but would still depend on whether they (sellers) want to expedite the rectification works.

 

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1.yes, sellers have to rectify the unauthorised works

2. think the 2nd appointment would be delayed since u already got the 1st appt date. If u are overhauling the entire place (i.e also removing the unauthorized works), HDB might allow the sales to proceed but pls confirm with the HDB officer assigned to handle your resale transaction. An indemnity form would have to be signed by both parties to 'transfer' the responsibility to u, the buyer. Usually difficult to get HDB officer on the line so email to them.

3. you can chase after the seller but would still depend on whether they (sellers) want to expedite the rectification works.

Just got further updates today. The current owner is definitely firm on NOT wanting to rectify the renovation works.

My agent has advised that in this case, it's possible that moving forward as we reach closer to the 1st appointment date, HDB would decide to cancel the sale instead. Consequently, what would happen is that HDB would instruct the seller to furnish me back the deposit in full amount, get the seller to submit alteration permit. At this point, we're back to square one where, we think, the seller would definitely sell to someone else at a higher price (based on the current market conditions).

Kinda feels like as a buyer...I haven't got much rights or protection, eh?

 

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[The following are my questions]

1. If my current understanding is correct, HDB would make sure the sellers rectify anything unauthorized prior to the 1st appointment date?

2. What would happen if the seller doesn't rectify by then? Would the 1st appointment be delayed? Would HDB find fault with the seller in this case?

3. Should the buyer (me) be involved in all this and perhaps, "chase" the sellers in a way?

Thanks in advance for anyone who would be able to advise or comment.

1. Yes.

2. Yes.

3. No.

Simply put, the seller didn't comply with the conditions of lease from HDB, which is to get HDB's approval for any renovations. So it's his fault and his job to rectify and the issue is between him and HDB, nothing to do with you.

 

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