LAW542-Differnfsfsces of Sched G & H (Haziq Rahman's Conflicted Copy 2013-10-03)

LAW542 – Non Contentious Legal Matter 1

Differences between Schedule G and H Sale and Purchase Agreement of Housing Development Act 1966

Items Schedule G Schedule H

1.Subject Matter Clause 1:-Land and building

Clause 1:-residential units in a building intended for subdivision parcel

2. Position and area of lot - Clause 12 (2):if the land is more than an agreed area, the developer can claim from purchaser maximum 2 % of the total area

-Clause 12(1):no error can annul the sale and entitle the purchaser to discharge the said contract

-Clause 12(4):if the adjustment is exceeding the agreed area, the purchaser will not be compensated if the adjustment exceeds the agreed area.

3. Interest on late payment -Clause 9(2)(d):Vendor shall not be entitled to charge interest in any late payment in respect of:When the vendor delay or fail to execute and deliver a valid registrable MOT to the purchaser after the purchaser had obtained the loan

Vendor shall be entitled to charge interest in any late payment in respect of delay of failure to deliver a valid registrable MOT as it does not stated in the clause

4. Services -Clause 18:Maintenance of services - Vendor provides services until purchaser takes vacant possession of the building and such services were taken over by the appropriate authority

-Clause 18:Payment of service charges - 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 vendor until the establishment of a Joint Management Body under the Building and Common Property Act 2007

5. Sinking Fund Not covered -Clause 19:Sinking Fund – Vendor shall open and maintain a separate sinking fund upon the date the Purchaser takes vacant possession of the expected liabilities but the purchaser shall contribute (10%) of the service charges in accordance with clause 18 (2)

6. Insurance Not covered -Clause 20(1):Vendor, and all purchasers shall insure and keep insured the said building until the Joint Management Body under BCPA 2007

-Clause 20(2):purchaser shall pay insurance premium after takes vacant possession of the said Parcel

7. Time for delivery of vacant possession

-Clause 22(1):Within 24 calendar months from date of agreement

`-Clause 25(1):Within 36 calendar months from date of agreementThe time included with the completion of common facilities with regard to Clause 27(1)

Differences between Schedule I and Schedule J Sale and Purchase Agreement Housing Development Act

Items Schedule I Schedule J

1. Subject matter Sale and purchase for land and building

Sale and purchase for building or land intended for subdivision into parcels

2. Interest on late patment-Clause 9(2)(d):Vendor shall not be entitled to charge interest in any late payment when the vendor delay or fail to execute and deliver a valid registrable MOT to the purchaser after the purchaser had obtained the loan

Clause 9(2) (d) was not existed as vendor shall be entitled to charge interest in any late payment in respect of delay of failure to deliver a valid registrable MOT

3. Separate title-Clause 11(1):Proprietor / Vendor at his own cost shall obtain the issue of a separate document of title to the said lot upon the execution of the Agreement

-Clause 11(1):Proprietor / Vendor at his own cost shall apply for subdivision of the said building or land intended for subdivision into parcels and obtain the issue of a separate strata title to the said Parcel under Strata Title Act 1985

4. Position and area of lot - Clause 12 (2):if the land is more than an agreed area, the developer can claim from purchaser maximum 2 % of the total area

-Clause 12(1):No error as to the description of the area of said Parcel shall annul the sale of that Parcel or entitle Purchaser to be discharged from the purchase

-Clause 12(2):Any error of the misstatement of the area of said Parcel shall entitle Purchaser to an adjustment of purchase price

-Clause 12(4):if the adjustment is exceeding the agreed area, the purchaser will not be compensated if the adjustment exceeds the agreed area.

5. Maintenance -Clause 18:Vendor shall provide services which includes refuse collection, cleaning of public drains and grass cutting on the road reserves from the date the Purchaser takes vacant possession of the said building until it is taken over by Appropriate Authority

-Clause 18:Purchaser shall be liable for service charges for maintenance and management of common property and service provided by the vendor prior to establishment of a Joint Management Body under Building And Common Property (Maintenance and Management) Act 2007

5. Sinking Fund Not covered -Clause 19:Sinking Fund – Vendor shall open and maintain a separate sinking fund upon the date the Purchaser takes vacant

possession of the expected liabilities but the purchaser shall contribute (10%) of the service charges in accordance with clause 18 (2)

6. Insurance Not covered -Clause 20(1):Vendor, and all purchasers shall insure and keep insured the said building until the Joint Management Body under BCPA 2007

-Clause 20(2):purchaser shall pay insurance premium after takes vacant possession of the said Parcel

IBRAHIM IDHAM B. RAJAB 2013482128

MOHAMAD HAZIQ B. A RAHMAN 2013440044

IZMI IZDIHARUDDIN B. CHE 2013696262

JAMALUDIN MAHMUD

ABIDAH BT. AHMAD HASAN 2013691228

SHAMSURI

MOHAMMAD DANIAL B. HAZIZAN 2013878654

LAW542 – Non Contentious Legal Matter 1

PUAN AZNI BTE MOHD DIAN

CLASS D