Here's the situation regarding buying a resale condo with an existing tenant in Singapore:
**Seller's Obligation:**
* The seller cannot legally force the tenant to move out before the lease expires. The tenancy agreement is a binding contract between the tenant and the current owner (seller).
**Vacant Possession:**
* There are ways to increase your chances of getting vacant possession upon completion:
* **Negotiation:** You can negotiate with the seller to offer the tenant an incentive to vacate early. This could be a financial incentive to help them relocate or a clause in the Sale and Purchase Agreement (SPA) giving them a specific timeframe to move out (with compensation if needed).
* **Subject to Tenancy Clause:** The SPA can include a "subject to tenancy" clause. This means the sale is conditional on the vacant possession of the unit by the completion date. If the tenant doesn't vacate by then, the sale can be postponed or even fall through depending on the specific clause.
**Considerations:**
* **Vacancy Risk:** Including a "subject to tenancy" clause can introduce some risk. If the tenant refuses to leave, the sale might be delayed or canceled.
* **Open Communication:** Maintain open communication with the seller and the tenant throughout the process. Understanding the tenant's situation and their willingness to negotiate an early move-out can be helpful.
**Alternatives:**
* **Delayed Completion:** If the tenant is agreeable, you could negotiate a delayed completion date that aligns with the lease expiry. This allows the tenant to fulfill their lease and provides you with vacant possession upon completion.
* **Look for Other Options:** Consider continuing your search for a resale condo with vacant possession or explore alternative housing options until the lease on your desired unit expires.
**Recommendations:**
* **Consult a Lawyer:** A property lawyer can review the tenancy agreement and advise you on the best approach to secure vacant possession upon completion.
* **Work with a Reputable Agent:** A good real estate agent can help you navigate these situations and find suitable properties that meet your needs.
By understanding the challenges and exploring available options, you can increase your chances of securing a resale condo with vacant possession that aligns with your timeline.
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