Asked by
Hello, appreciate advice here please.

I have bought a resale flat and the seller and me have signed a so called mutual agreement for temporary extension of stay. Can i check, if the seller is a divorcee, does the wife and him have to both sign on the mutual agreement to make it legal binding? If only 1 party signs, is it right? Also, there is no witness for the agreement. So, can i say that the agreement is not valid due to the 2 reasons? Thanks.
0
1920 views
Want this question answered?
Get faster responses from our experts by upvoting.
Be the first to upvote this question.

2 Answers

Hi,

I sense both parties (seller & buyer) are DIY. This is one of the reason you should engage sales rep or lawyer than just website advices.

Under HDB rules and regulations, it is not uncommon to have extension upon sales completion, HDB just merely collect an admin fee for the extension than anything else.

In signing an extension stay contract, real estate salesperson will prepare a temporary tenancy agreement for both parties to agree and sign, submit to HDB for acknowledgement.

In your case, following are the problem and suggestions:
(1) Mutual agreement, what does it contain, is it sufficient to cover all duties and responsibility for both parties?
If this is merely a "one" statement agreement, this is normally known as gentlemen agreement, thus when things go nasty, there will be lots of argument and leading to bigger problem leaving unpleasant & unhappiness between both parties.
Suggestion: Get a formal contract for both parties to understand the rules and regulations to reduce future disputes.

(2) All current & future owners should ink on the agreement.

(3) A 3rd party witness must be there.

Though not necessary invalid, but due to gaps in understanding what did both parties commit to, we have to pray hard everything went well.

Hope the above answer to your main concerns, but if there are more queries, please feel free to contact me at 90110636  , or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
 90110636 
ling.ck7@gmail.com

Note:
Any response to our answer do not reach us until we scroll through each and every queries posted daily.
The best way to get a follow up is to whatsapp or email us directly. Read More
0
  • FT
    Thanks for highlighting what constitutes to the draft of a mutual agreement. In this case, my agent's DIY draft seems to fall short of this guideline. There was only 1 owner's signature, and no witness's signature. Also, the agreement doesn't include an exception clause that states that buyer can terminate the agreement by giving 1 month advance notice. So, the agreement signed way very much not in my favour.
Robbie Chen Chee Howe
Hi,

Any private mutual agreement is not valid in the eyes of HDB. As a Buyer of a HDB flat, you are supposed to fulfill your 5-year MOP before you can "sublet" the unit out.

The only chance that "proper extension" is given and approved by HDB, is that the Sellers have already committed to their next purchase prior to their 1st Appointment for their Sale. And even so, this is also for a maximum of 3 months, nothing longer. There is also an official form from HDB for all parties to fill in and sign for this.

Should you need any further assistance in matters relating to property, please contact me at my mobile 9748 6305  . I will be happy to assess and share with you the possibilities for you and your partner in the current market.

Thank you.

Best regards,
Robbie Chen
 9748 6305 
PropNex Realty Read More
0
  • FT
    Thanks. But he form did not indicate how long the extension would be right because i don't remember seeing that. So, the buyer is always at a losing end, despite that good will gesture has already been extended for free 2 months stay, and any further extension is subject to seller's whims and fancy although HDB said must be mutually agreed - which was based on the 2-month mutual agreement and no longer? Sigh.

Still looking for answers?

Get answers from PropertyGuru experts in 24 hours

Previously Asked Questions