Met With A Situation And Need Advise..

[LowChoonKit 0]

I've bought an EM which I've went for my first appointment. However, 1 week before my schedule 2nd appointment, seller received by hand from HDB letter stating 5 unapproved modification that need to be remove before 2nd appointment can take place.

Right now, seller claim the 5 unapproved modification was there when he buy the flat but now HBS say it's illegal. The seller refuse to retify it and bring it up to town council for resolution. The original 2nd appointment was schedule 21 Sept 11 last week and HDB has yet to get back to us. Town council last reply that they'll appeal for approval and fund to undertake the retification.. But I assume town council just trying to pull a fast one to shut seller and buyer up.

The worst is i've initially agreed to grant 2 months of extension to seller from completion date 21 Sept 11. That was based on normal completion but taking into consideration that there was changes to original agreement. I'm now asking seller to move out upon reschedule of 2nd appointment (dun even know when) but seller disagree and insisted on the 2 months extension.. What can I do now? I'm now in a fix.. Someone pls advise me on the best option to take..

[HappyHouse88 0]

In the first place , extension is illegal. As you have already did your first appointment, the deal is sealed.

Actually, you have every right to insist that seller completes on the scheduled completion and do the necessary modifications.

If i were you, i will talk to the buyer nicely that they have to move out by 31 Nov or 2nd appointment whichever is later. If seller refused, then you let him know that you have every legal right not to grant any extension. And I will chose to stay out of the illegal rectification issues with tc or hdb. Who knows, maybe the buyer is pulling a fast one on you cos' he does not want to move out yet.

Edited September 25, 2011 by HappyHouse88

[therat 18]

Agree with HappyHouse88 , Don't get involve on the 5 unapproved modification.

That is between HDB and the seller.

HDB spot that 5 unapproved modification, seller need to correct it. OR else.. no 2nd appointment for you.

If the seller ask u to pay for it or share the cost. Don't agree.

[bepgof 20]

Care to share what are the 5 unauthorised mod which take so long to be rectified?

[LowChoonKit 0]

Should not had agreed on 2 months extension at all.. Anyway the 5 modification are..

1. Constrction of feature well at original kitchen area..

2. Construction of stove at existing service balcony..

3. Exhaust fans on window panel on service balcony..

4. Extension of floor slab on staircase landing outside bedroom..

5. Widening of bedroom door way..

Nothing was being mentioned wrt unapproved modification at all.. The seller refuse to do anything now.. What's worst, town council initially wanted me to undertake take the 5 unapproved modification which I've refuse reasons being I do not want to undertake and be fault by HDB later.

To make matter worst, dun even know when can start renovation for the flat.. My problem multiply by a lot now..

1. Inspection carried out on seller flat 27 Jul 11 (seller claim HDB didn't tell him anything.

2. First appointment 10 Aug 11.. Nothing mentioned at went smoothly.

3. HDB sent by hand wrt 5 unapproved modification 14 sep 11. (telling seller to retify before 2nd appointment)

4. Told by my agent wrt problem faced by seller flat on 15 sep 11.

6. My agent say seller in contact with HDB to resolve matter.

7. 2nd appointment 21 Sep 11.. Didn't get thru of course. Went town council with seller to see town council technical officer.

8. Check with my agent today and according to my agent, no reply from HDB yet. Dunno when can get reply.

9. Initial agreed extension should commence from 21 sep 11 - 20 nov 11. Told seller this agreement was based on normal completion but now situation change so no mo extension.

10. My own flat 1st appointment is 28 Nov 11 and completion is 23 Jan 12.

My Reno contractor say 21 Nov - 23 Jan got 10 weeks but got to deduct CNY on Jan 12. Therefore only wet work ready but not carpentry work at all.. Carpentry work up only after CNY when work resume..

Hai.. Shocking bad luck..

[HappyHouse88 0]

Tell the seller.. please rectify the problem before 2nd appointment.

If he refuse, then you send lawyer letter to tell him that he is liable for all damaged incurred due to the delay and legal cost.

Deal with him legally from now on,insist that he moved out before 2nd appointment. Dont agree on anything under-table, including any extension.

If you think it too much of a hassle of hiring a lawyer, then pay for the rectification. May workout to be cheaper and less worries. You do not need to think abt temp accommodation as well as all the "shift" here and shift there.

At this point, even though you are legally protected, but because you are doing contra. You may lost more if you "fight" the seller.

Edited September 26, 2011 by HappyHouse88

[chronograph 0]

Hi Bro,

Like many suggest,

1) Either legal approach on the seller to make good all illegal modification, pay for your loses

OR

2) Ask yourself this question, are u going to over haul the whole place? Especially on the illegal modification, if not keeping any of it then just knock down everything and reno to your own theme and style.

First time i heard stove build on balcony, they cook at the balcony? power man.

[yaolong 0]

seller is making things difficult for u...

if i m faced with the same siutation, i will get it done legally...

i will get a lawyer to resolve the matters n claim all damages (if any) from the seller... but this cost $

i will not agree to spilt the costs of recitication with the seller...

any under-table agreement (in your case to grant extension) will b voided if seller refuses to rectify the modifications... i will communicate this to the seller

[LowChoonKit 0]

Spoken with technical officer today.. He's pushing HDB for approval to start retification, once approved will tell resale officer to proceed with 2nd appointment. Told technical officer to help me force seller to move out. In this case the flat should be empty and open by me. Also told him to kick up a fuss if seller still around.

Technical officer say he's expecting approval to come within a week. Resale officer told me once HDB approved the undertaking for unapproved modification work. He'll schedule 2nd appointment within a week or so..

Hope this method work..

[peaceful 0]

It's not your problem. Let the seller settled the unapproved modification work himself, and no need get involved. Any default of sale due to this will be seller fault, and he will need to compensate whatever damage incurred on you.

Worst case, find a lawyer and issue a warning letter (cost approx. $250) to the seller, I don't he is so stupid to ignore it.

[LowChoonKit 0]

It's not your problem. Let the seller settled the unapproved modification work himself, and no need get involved. Any default of sale due to this will be seller fault, and he will need to compensate whatever damage incurred on you.

Worst case, find a lawyer and issue a warning letter (cost approx. $250) to the seller, I don't he is so stupid to ignore it.

Got contact to share for lawyer service wrt caese like mine?

[peaceful 0]

I seek Lawrence Quahe & Woo LLC law firm for my legal advice. But, for your case you should let the HDB involved since yours already completed 1st appointment.

Legal action should always come last. Good luck.

[bepgof 20]

Serious unauthorised mods le. Get hold a copy of this HDB's letter to seller first.

- If 2nd appt cannot be longer tha 8wk, starting from 1st appt. If this rule violated, whole OTP would then be considered null, however, HDB reserve rights to extend this period till ???

- Personal opinion is: serve HDB a letter/email ask them abt their intention of "how long" to be extended, cc to your MP as well to town council.

ECTC once owed me SC charges (did not rebate me), cc an email to Lim SY only, responded within 2 hrs. Before this, have wasted me almost 2 months, spoke and wrote to this and that depts on this.

[HappyHouse88 0]

Got contact to share for lawyer service wrt caese like mine?

Aiyo.. can resolve peacefully, resolve peacefully lor.. why like that..

Remember he still staying in the house.. if he get fedup, put curse on the house .. then how ?

aniway... you promised 2 mths , now you want to throw him out immediate. If i am the owner i will be mad too..

[angelbutterfly 0]

Actually, my previous owner also built the cooking stove in service balcony cos it was approved 13yrs ago...It is now considered illegal cos it's fire hazard...Windy n we hanged clothes there...

HDB rules changes so sometimes it juz take an experience agent n hdb officer to tell u n explained the truth.

I am the 2nd owner for my current flat 5yrs ago n there is no problem when I bought over as it's approved.

The sellers might not really know the illegal items cos it's the contractor who needs to know n applied for necessary approval. Well, maybe the sellers also agreed to go ahead with illegal Reno...

1 more thing I wan to highlight, some illegal items can b easily rectified...

Eg, too high platform bed is considered illegal if near window so a hand rail built over it will b considered approved Liao...However, how many agents or contractor actually know hw to resolve this issue???

Frankly, yr issues can be ironed out with HDB help n no need to waste $ on engaging lawyers. If lawyer is involved, then the whole process will drag even more. Buying a hse n finding one u like is a happy affair. Cool down, sit down n discuss with yr agent. They r paid to do the job...

Above r my 2cents worth of humble opinions only...