Should I Vacant My House & Let Buyer Stay In After The 1st Appt?

[scoria76 0]

Yesterday, my parents & I had our 1st resale appt with HDB. Our 2nd appt will be 20 Jul 2007.

During the earlier negotation, b4 buyer sign the option to purchase, they ask us if we can vacant the flat by 8 Jun 2007. That was in mid Apr 2007, my reno was just started & we did not know the date of the 1st appt. So we agreed, but there no written agreement. Just a small note by agents.

So when we got to know that the 1st appt was 29 May 2007, we happily didn't do any packing cos we presume that they can only enter after 2nd appt(the completion resale date). Skali yesterday, buyer query us when can we move out. When we told them by 20 June, they were , told us that we shld hold our promise. Even my agent told us that. I told them that we need sometime to pack, and also my new flat is still under reno.

They said they agreed to buy our home cos we promise them. They have already made agreement to move out from their rent flat & goods to be delivered. They want to be in the house before the wife give birth, she is 8 months preggy.

My parents being the older generation, pity & agreed to them. I was very angry. Here I tried to compromise, there they are pushing me.

I can't sleep yesterday due to this. I'm scared that if I'm stubborn, then they will cancel the sales & we have to pay extra. But I check with my agent, he say we got no implication. Only it is the value of morale.

I read at the t&c of resale, it quote that we can "The buyer shall not obtain possession of the resale prior to the completion of resale."

So should I be the good or bad person here? Should I hold my promise or should I follow the policy?

Edited May 30, 2007 by scoria76

[GMC 12]

Yesterday, my parents & I had our 1st resale appt with HDB. Our 2nd appt will be 20 Jul 2007.

During the earlier negotation, b4 buyer sign the option to purchase, they ask us if we can vacant the flat by 8 Jun 2007. That was in mid Apr 2007, my reno was just started & we did not know the date of the 1st appt. So we agreed, but there no written agreement. Just a small note by agents.

So when we got to know that the 1st appt was 29 May 2007, we happily didn't do any packing cos we presume that they can only enter after 2nd appt(the completion resale date). Skali yesterday, buyer query us when can we move out. When we told them by 20 June, they were , told us that we shld hold our promise. Even my agent told us that. I told them that we need sometime to pack, and also my new flat is still under reno.

They said they agreed to buy our home cos we promise them. They have already made agreement to move out from their rent flat & goods to be delivered. They want to be in the house before the wife give birth, she is 8 months preggy.

My parents being the older generation, pity & agreed to them. I was very angry. Here I tried to compromise, there they are pushing me.

I can't sleep yesterday due to this. I'm scared that if I'm stubborn, then they will cancel the sales & we have to pay extra. But I check with my agent, he say we got no implication. Only it is the value of morale.

I read at the t&c of resale, it quote that we can "The buyer shall not obtain possession of the resale prior to the completion of resale."

So should I be the good or bad person here? Should I hold my promise or should I follow the policy?

just tell them your new place is not ready, how to move out.?

buyer also tood enough to move house when wife is expecting and going to deliver.

[scoria76 0]

just tell them your new place is not ready, how to move out.?

buyer also tood enough to move house when wife is expecting and going to deliver.

I told them, but they kept insisting that we have agreed to them. That's why they sign the option. How? how?

[applefreak 1]

the question is how was the question posed

did they ask if they can shift in on 8 Jun regardless of the progress of resale transactions?

or did they just casually ask if you will move out before 8 Jun?

if they just brought it up casually and did not say anything about them wanting to move in by 8 Jun, regardless of 1st appt or 2nd appt, then there is no question of good or bad. it is not part of the term of sale, they did not say that they will only buy if they CAN shift in by 8 Jun. what kind of buyer is there???

but then again, since your parents felt that they want to do this favour, just go with their wishes loh. respecting parents decision is a good boy/girl

[GMC 12]

I told them, but they kept insisting that we have agreed to them. That's why they sign the option. How? how?

Offer them to move in together into your current home.?

Tell them, you CAN'T but you try to expedite the renovation.

What is your agent doing, he/she should be solving this for you.

[scoria76 0]

the question is how was the question posed

did they ask if they can shift in on 8 Jun regardless of the progress of resale transactions?

or did they just casually ask if you will move out before 8 Jun?

if they just brought it up casually and did not say anything about them wanting to move in by 8 Jun, regardless of 1st appt or 2nd appt, then there is no question of good or bad. it is not part of the term of sale, they did not say that they will only buy if they CAN shift in by 8 Jun. what kind of buyer is there???

but then again, since your parents felt that they want to do this favour, just go with their wishes loh. respecting parents decision is a good boy/girl

oh no no.. , they didn't just say casually.. actually both agents take note of the date.

Aiyah, I got no time to pack & house not ridy...

ID say he can only proceed after 9 Jun .. tis one due to our long decision-making... haizz...*sigh*

Offer them to move in together into your current home.?

Tell them, you CAN'T but you try to expedite the renovation.

What is your agent doing, he/she should be solving this for you.

nolah can't cos there's alridy 6 adults in my 4rm flat..

I wish I'm stronger & the type, but I'm not. Follow parents' traits.. so always kena bully.

Yeah, i thot my agent back me up but instd he say it is due to morality. He say karma. What's goes around, come around.. that's why la.. But at the same time, he say it is again up to me.. haizzz..

[raincole 0]

Since it is already agreed upon during OTP, it will be good if the buyers can move in by that date. After all they also made their own arrangements, including reno stuff. They may also have a time to meet in moving out of their house.

[scoria76 0]

Since it is already agreed upon during OTP, it will be good if the buyers can move in by that date. After all they also made their own arrangements, including reno stuff. They may also have a time to meet in moving out of their house.

gd for them, not for us. Nd to rush packing & moving, then go into a house that not ready... *sigh*

Hdb say if there's anything wrong with the house, e.g. *touchwood* the buyer harbour illegal immigrants, then we kenna.. cos we are the house owner still as long before 2nd appt. *sigh*...

[zirhk3355 1]

Think should not look back to see who's right or wrong, but just consider how you can resolve the issue now. At this point, I don't think they will cancel the sale just because of this, too much trouble since they already made so many arrangements. Somemore to move in early is not a good reason for them to cancel the sale, and you can even sue them for damages.

Anyway, you did acknowledged that they had explicitly told you that they wanted to move in early, plus you had agreed, so it was 'kinda' your fault that it slipped your mind cuz you were busy and all that.

Ways I can think of is to accommodate the buyer as far as you can, eg if the goods are arriving you can let them receive it and keep it properly in the flat. For their rental, if their landlord is ok to let them stay longer, maybe you want to help pay a little as a token? For me I will pay (maybe 1/4?) cuz its my fault, but I emphasise there is no legal obligations, just ways to show that you are trying to help with your best efforts...

Edited May 30, 2007 by zirhk3355

[raincole 0]

If it is written on the OTP, signed by both parties, still not legally binding?

But if already fix the 2nd appointment date, then no choice. They have no legal rights to chase you away.

So try to accomodate them lor.

[zirhk3355 1]

If it is written on the OTP, signed by both parties, still not legally binding?

But if already fix the 2nd appointment date, then no choice. They have no legal rights to chase you away.

So try to accomodate them lor.

Rightfully it is not allowed by HDB to let the buyer move it de - the ownership still belongs to the scoria76 and under HDB's policy, nobody is allowed to occupy your flat besides yourself. So if the buyer want to go sue scoria76 for going back on his promise, they have no case de.

But of course, if no one complains, HDB will close one eye lah - you think civil servants really so hardworking meh, go find work for themselves to do?? Oops...

[karen77sg 0]

Still tinks tat since agreement has been made before the sale of the unit and

agreement has been signed, then the buyer has to move in....

Tat happens in my case too.....and the buyer of my unit move in on

the agreed date cos we did signed an agreement with the agents as

witnesses.....

Scoria76, no offence....

[Spikey 0]

Action speaks louder than words...Honour is easier to say than to keep.

Me thinks that you should do the honourable thing. It has happened to me before - I had to bite the bullet and move in with my parents for a while.

What if you were the 8mth old pregnant lady - how would you feel? If you can't sleep, what about her? Do you want to be responsible if anything should happen to her or the baby? *touch wood*

[Jaren 0]

At least u r a better owner compare to mine... completion soon but onli view the flat twice... incl first viewing, everytime not more than 5mins coz owner sae he got no time... request to get a spare key 1 or 2 weeks before completion oso cannot.. not even enough time to check the flat... dunno wat sort of owner is tat...

everytime we r the oni one who give in... for example 1 window panel missing, cracks on the wall.. mi oso agree to accept it... But when i ask for spare key before completion date so tat it will be easy for mi to let my contractor to do measurement & to see any other things tat i need to replace or anything faulty can be known earlier...

he even sae i can oni check the flat 1 day b4 completion date... where got time to report... if i know they r tis type of pple, i wont buy his flat in the first place...

[scoria76 0]

Still tinks tat since agreement has been made before the sale of the unit and

agreement has been signed, then the buyer has to move in....

Tat happens in my case too.....and the buyer of my unit move in on

the agreed date cos we did signed an agreement with the agents as

witnesses.....

Scoria76, no offence....

Nop, there's no black & white saying tat we must move out by 8 Jun. So we are safe there...

Action speaks louder than words...Honour is easier to say than to keep.

Me thinks that you should do the honourable thing. It has happened to me before - I had to bite the bullet and move in with my parents for a while.

What if you were the 8mth old pregnant lady - how would you feel? If you can't sleep, what about her? Do you want to be responsible if anything should happen to her or the baby? *touch wood*

yup, that's why I feel bad.. like my agent say karma.. wat's goes around, come around..

actually before yesterday or even after we knew the 1st appt date, I ask my agent a few times(every meetup) when is the latest we can vacant the house. He told us it will be July. Then only yesterday, he back out, saying we already say to buyer.

Anyway, I'm consoling myself cos it is everytime I give in to ppl, & always kenna bully. So now I know tat I'm rite so I still proceed with the righteous law.

At least u r a better owner compare to mine... completion soon but onli view the flat twice... incl first viewing, everytime not more than 5mins coz owner sae he got no time... request to get a spare key 1 or 2 weeks before completion oso cannot.. not even enough time to check the flat... dunno wat sort of owner is tat...

everytime we r the oni one who give in... for example 1 window panel missing, cracks on the wall.. mi oso agree to accept it... But when i ask for spare key before completion date so tat it will be easy for mi to let my contractor to do measurement & to see any other things tat i need to replace or anything faulty can be known earlier...

he even sae i can oni check the flat 1 day b4 completion date... where got time to report... if i know they r tis type of pple, i wont buy his flat in the first place...

yup, tat's wat happen to us when we bought this house(we are the 2nd owner), we ask if we can move in earlier, they say we have to pay rent even if we use one room. In the end, we live in this house with such bad state. Reno done while we are still staying in this house.