Tuesday, May 24, 2011

The right for the original purchaser in the midst of the liquidator getting the Vesting Order.

Generally, the conveyancing of any property from A to B is governed by Sale and Purchase Agreement. For a perfect S & P ; it should contain this very clauses i.e.

Binding Effect of Agreement

This Agreement shall be binding upon the parties hereto, their respective heirs personal representatives successors in title liquidators and assigns.

AND THIS CLAUSE

Specific Performance

The parties hereto shall be entitled to specific performance of this Agreement. Provided that they have respectively complied with all the terms and conditions and obligations herein contained.

Therefore, any signed and stamped S&P between the Developer and Purchaser and the scenarios are below mentioned:-

1. If the property is not completed and the developer wind up - The Agreement is still bind against the liquidator and/or any parties becoming heirs/successor in title/assignee. The original purchaser's right in the S&P continues as well as they can seek any specific performance if they need to do so.

2. If the property cannot be completed for any reason whatsoever; the original purchaser can claim damages as provided in the S&P (from liquidators or any parties become heirs/successor in title/assignee) for all the monies as per progressive claim subjected to the liquidation process.

Back to the Question : What is the right for the original purchaser in the midst of the liquidator getting the Vesting Order?

The original purchaser will have all their right as per S&P including damages for Late Delivery, any penalties, as clearly provided so.

Note: This advice is given without prejudice

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