LAW542 Non Contentious Legal Matter 1

Differences between Schedule G and H Sale and

Purchase Agreement of Housing Development Act
1966

Items

Schedule G

Schedule H

1.Subject Matter

Clause 1:
-Land and building

Clause 1:
-residential units in a
building intended for
subdivision parcel

2. Position and area of

lot

- Clause 12 (2):
if the land is more than an
agreed area, the developer
can claim from purchaser
maximum 2 % of the total
area

-Clause 12(1):
no error can annul the sale
and entitle the purchaser to
discharge the said contract

-Clause 9(2)(d):
Vendor shall not be entitled
to charge interest in any
late payment in respect of:
When the vendor delay or
fail to execute and deliver
a valid registrable MOT to
the purchaser after the

Vendor shall be entitled to

charge interest in any late
payment in respect of delay
of failure to deliver a valid
registrable MOT as it does
not stated in the clause

3. Interest on late
payment

-Clause 12(4):
if the adjustment is
exceeding the agreed area,
the purchaser will not be
compensated if the
adjustment exceeds the
agreed area.

purchaser had obtained

the loan
4. Services

-Clause 18:
Maintenance of services Vendor provides services
until purchaser takes
vacant possession of the
building and such services
were taken over by the
appropriate authority

-Clause 18:
Payment of service charges The purchaser shall be liable
for and shall pay the service
charges for the maintenance
and management of the
common property and for
the services provided by
vendor until the
establishment of a Joint
Management Body under
the Building and Common
Property Act 2007

5. Sinking Fund

Not covered

-Clause 19:
Sinking Fund
Vendor shall open and
maintain a separate sinking
fund upon the date the
Purchaser takes vacant
possession of the expected
liabilities but the purchaser
shall contribute (10%) of the
service charges in
accordance with clause 18
(2)

6. Insurance

Not covered

-Clause 20(1):
Vendor, and all purchasers
shall insure and keep
insured the said building
until the Joint Management
Body under BCPA 2007
-Clause 20(2):
purchaser shall pay
insurance premium after
takes vacant possession of
the said Parcel

7. Time for delivery of

vacant possession

-Clause 22(1):
Within 24 calendar months
from date of agreement

`
-Clause 25(1):
Within 36 calendar months
from date of agreement
The time included with the

completion of common
facilities with regard to
Clause 27(1)

Differences between Schedule I and Schedule J

Sale and Purchase Agreement Housing
Development Act

Items

Schedule I

Schedule J

1. Subject matter

Sale and purchase for

land and building

Sale and purchase for

building or land
intended for subdivision
into parcels

-Clause 9(2)(d):
Vendor shall not be
entitled to charge
interest in any late
payment when the
vendor delay or fail to
execute and deliver a
valid registrable MOT to
the purchaser after the
purchaser had obtained
the loan

Clause 9(2) (d) was not

existed as vendor shall
be entitled to charge
interest in any late
payment in respect of
delay of failure to
deliver a valid
registrable MOT

-Clause 11(1):
Proprietor / Vendor at
his own cost shall obtain
the issue of a separate
document of title to the
said lot upon the
execution of the
Agreement

-Clause 11(1):
Proprietor / Vendor at
his own cost shall apply
for subdivision of the
said building or land
intended for subdivision
into parcels and obtain
the issue of a separate

2. Interest on late
patment

3. Separate title

strata title to the said

Parcel under Strata Title
Act 1985

4. Position and area of

lot

- Clause 12 (2):
if the land is more than
an agreed area, the
developer can claim
from purchaser
maximum 2 % of the
total area

-Clause 12(1):
No error as to the
description of the area
of said Parcel shall annul
the sale of that Parcel or
entitle Purchaser to be
discharged from the
purchase
-Clause 12(2):
Any error of the
misstatement of the
area of said Parcel shall
entitle Purchaser to an
adjustment of purchase
price
-Clause 12(4):
if the adjustment is
exceeding the agreed
area, the purchaser will
not be compensated if
the adjustment exceeds
the agreed area.

5. Maintenance

-Clause 18:
Vendor shall provide
services which includes
refuse collection,
cleaning of public drains
and grass cutting on the
road reserves from the
date the Purchaser
takes vacant possession
of the said building until
it is taken over by
Appropriate Authority

-Clause 18:
Purchaser shall be liable
for service charges for
maintenance and
management of
common property and
service provided by the
vendor prior to
establishment of a Joint
Management Body
under Building And
Common Property

(Maintenance and
Management) Act 2007

5. Sinking Fund

Not covered

-Clause 19:
Sinking Fund
Vendor shall open and
maintain a separate
sinking fund upon the
date the Purchaser
takes vacant possession
of the expected
liabilities but the
purchaser shall
contribute (10%) of the
service charges in
accordance with clause
18 (2)

6. Insurance

Not covered

-Clause 20(1):
Vendor, and all
purchasers shall insure
and keep insured the
said building until the
Joint Management Body
under BCPA 2007
-Clause 20(2):
purchaser shall pay
insurance premium after
takes vacant possession
of the said Parcel

IBRAHIM IDHAM B. RAJAB

2013482128

MOHAMAD HAZIQ B. A RAHMAN

2013440044

IZMI IZDIHARUDDIN B. CHE

2013696262

JAMALUDIN MAHMUD

ABIDAH BT. AHMAD HASAN

SHAMSURI

2013691228

MOHAMMAD DANIAL B. HAZIZAN

2013878654

LAW542 Non Contentious Legal Matter 1

PUAN AZNI BTE MOHD DIAN
CLASS D