In Singapore, when a property is sold under "vacant possession," it generally means the property should be empty of belongings upon handover. However, the specific details of what constitutes vacant possession can be determined by the terms outlined in the Option to Purchase (OTP).
In your case, the OTP states that the property is sold "as it is" and with the buyer having full notice of its current condition. While this clause generally implies that the buyer accepts the property in its present state, it does not explicitly address fixtures and fittings. The absence of a "fixtures and fittings shall remain" clause creates some ambiguity regarding what you can remove.
Here's a breakdown of the situation:
1. **Aircon and Crystal Lighting as Fixtures:**
* Air conditioning units and crystal lighting are often considered fixtures, meaning they are permanently attached to the property and intended to remain with it upon sale. This is because they are usually attached to the walls or ceiling and require tools or professional assistance to remove.
* However, the definition of fixtures can vary depending on the specific circumstances and the intention of the parties involved.
2. **Ambiguity in the OTP:**
* The lack of a specific clause addressing fixtures and fittings in your OTP creates some uncertainty. It could be argued that the "as it is" clause implies that all fixtures should remain, as they were part of the property's condition when the buyer viewed it.
* On the other hand, you could argue that since fixtures were not explicitly mentioned, you are entitled to remove them before handing over the property.
3. **Potential Dispute:**
* The lack of clarity in the OTP could lead to a dispute with the buyer if you remove the aircon and crystal lighting. The buyer might claim that they were under the impression that these items were included in the sale.
**Recommendation:**
To avoid potential conflict and ensure a smooth transaction, it is best to communicate with the buyer and clarify your intention to remove the aircon and crystal lighting. If the buyer agrees, it's advisable to document this agreement in writing as an addendum to the OTP. This will prevent any misunderstandings or disagreements later on.
If you are unable to reach an agreement with the buyer, you may need to seek legal advice to determine your rights and obligations under the terms of the OTP.
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