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anyone can help me?? Haih........

 
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dagast



Joined: 22 May 2007
Posts: 15
PostPosted: Sun Jan 13, 2008 4:30 pm    Post subject: anyone can help me?? Haih........ Reply with quote
I have bought a freehold condo and S&P agreement has been signed on early of October 2007. This agreement is still under master title when it was signed. But now, as in formed by my lawyer, the individual title has been issued out, we can't proceed with the current S&P agreement but to attached with a supplementary letter. But the strata title has been hold by the developer due to some problems. Recently, my S&P has been expired and the strata title problem still haven’t settle yet. My vendor lawyer refuses to extent the period of S&P and said that I will be sued. There is no any clause stated to covering such case in my S&P agreement. My lawyer said this is the common clause and every lawyer is aware about it .The developer claimed that they need one month to get all the allocation done. So what I have to do now??? How can they sue me while this is not my fault???
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cynthusc



Joined: 16 Sep 2005
Posts: 310
PostPosted: Thu Jan 17, 2008 11:35 am    Post subject: Re: anyone can help me?? Haih........ Reply with quote
dagast wrote:
I have bought a freehold condo and S&P agreement has been signed on early of October 2007. This agreement is still under master title when it was signed. But now, as in formed by my lawyer, the individual title has been issued out, we can't proceed with the current S&P agreement but to attached with a supplementary letter. But the strata title has been hold by the developer due to some problems. Recently, my S&P has been expired and the strata title problem still haven’t settle yet. My vendor lawyer refuses to extent the period of S&P and said that I will be sued. There is no any clause stated to covering such case in my S&P agreement. My lawyer said this is the common clause and every lawyer is aware about it .The developer claimed that they need one month to get all the allocation done. So what I have to do now??? How can they sue me while this is not my fault???


This is an issue of frustration of contract. This does not mean that the Vendor can sue you if he himself cannot give good title. Seek your lawyer's advice on the issue of frustration
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