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We're a couple, first time home buyers. We did not engage an agent and are purchasing a resale flat on our own. We made an offer knowing that the seller needed 90 days extension as they have yet to secure their next home purchase. We were told by their agent that they need the cash proceeds from the sale to finance their next home.

The flat is owned by an elderly lady. Her two adult children who are currently living in the flat are handling the transaction for her. Not sure if the elderly lady is still around or has passed on.

The children would like to hand over the keys only in October. We were told by their agent that HDB would not approve their request for extension as the children are not the owners, and are just the 'executors' who are acting on their mother's behalf. Therefore, the agent wants us (buyers) to privately agree on the side to start the transaction process in August so that it will be October by the time the whole transaction is completed.

The agent wants us to sign a private agreement stating that we have agreed on a price. And from now to 1 August, we will not purchase any other flat and in turn, the sellers will not market the property any further and will not accept any other offers even if they are to receive higher offers than our agreed price. There are no lawyers involved. Just us and the seller's agent.

Just wanted to find out if this arrangement is unusual? The agent asked us to prepare the private agreement although we have no legal background.
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1 Answer

Hi,

1) There are some complications over here:
(a) Owner is an elderly lady. You have to verify what is her status, still around, need to see proof of POA or LPA.
If already passed on, need to see the court order on who is the executor. This is to verify the ownership and authority to act on selling. Ensure this is "selling" and not just "renting".
(b) Is there COV involved, and will this change?
(c) Have you submit for valuation? which stage are you at now?
(d) "told by their agent...", can check with HDB whether this is true when extension raised by executor not allowed extension.
If executors are occupier in this flat, even elderly lady had passed on, HDB should allow extension in order for the occupier to find their next home.

2) Now is end-March, delay till August to submit is 5 months from now.
3) Prepare a private agreement is another issue, how do you know this agreement withstand professional lawyer challenge?
What if they decide to accept a higher offer later? Are you going to pursue the case by spending another tens of thousand to bring it up to court?
4) How long will the case last if this is brought up to court?

My suggestion is if this is so complicated and with so much unknown risk might as well look for another.

Hope the above answer to your main concerns, but if there are more query, 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
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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