You are on page 1of 20
Dated this day of 09 APR 2018 17018 Between MOHD FAZLI BIN MOHD HARON (NRIC NO: 840201-08-5517) & MAZURA BINT! JAMALLUDDIN (NRIC NO: 840117-08-5274) (“the Vendor”) And NORFAZILA BINT! GHAZALI (NRIC NO: 850526-03-5314) (‘the Purchaser”) SALE & PURCHASE AGREEMENT Prepared by MESSRS SALEH & AIZAG Advocates & Solicitors A-2-2, Jalan C180/1, Dataran C180, 43200 Cheras ‘Selangor Darul Ehsan Tel: 03-90817630 Fax: 03-90817634 Ref: SA/CON-SPA/496-18/A! ReoNEo MALAYSIA RMI0.00 AN AGREEMENT made the sof OG APR OMB 7 19.04.2018 rewpa STE oes Berween:- wo And @ RECITALS: «a 8) © © Brorscnsan€ MOHD FAZLI BIN MOHD HARON (NRIC NO: 840201-08-S517) and MAZURA BINTI JAMALLUDDIN (NRIC NO: 840117-08-5274) both of 2-1-03, Pangsapuri Cemara, Jalan Pinggiran W/1, Taman Pinggiran Putra, 43300 Seri Kembangan, Selangor (“Vendor”) of the one part; NORFAZILA BINTI GHAZAL (NRIC NO: 850526-03-5314) of Lot S05, Kampung Batu Hitam, 17500 Tanah Merah, Kelantan(“Purchaser”) of the other part. By a Sale and Purchase Agreement dated 30" July 2000 (“Principal Agreement”) made between BULLETIN ENGINEERING SDN BHD (COMPANY NO:244596-D) a company incorparated in Malaysia and duly licensed under the Housing Developer (Control and Licensing) Act, 1966 with its registered office at Suite 1501, Menara Choy Fook On, No.IB, Jalan Yong Shook Lin, Section 7, 46050 Petaling Jaya, Selangor (“the Developer”) of the first part and YONG SAI KHUN (NRIC No: 700816- 08-8527) of 'No3I, Jalan Aman 7, Taman Seri Aman Cheras, 43200 Kajang, Selangor(‘the First Purchaser”) of the other part, the Developer had sold and the First Purchaser had purchased all that One (1) unit of apartment distinguished as Parcel No:ST-13-06, First Floor, Block No.2 bearing postal address ‘of No.2-I-03, Jalan Pinggiran 1/1, Pangsapuri Cemara, Taman Pinggiran Putra, Seksyen 1, 43300 Seri Kembangan, Selangor measuring approximately 846 square feet (“Property”) built on the part of the land held under HSM 26233, PT 45984, Mukim of Petaling, District of Petaling, State of Selangor (Master Title’). By a Sale and Purchase Agreement dated 16th November 2012 (“the Second Sale Agreement”) made between the First Purchaser of the one part and the Vendor of the other part, the First Purchaser has agreed to sell and the Vendor has agreed to purchase the said Property at the consideration and subject to the terms and conditions contained therein and the First Purchaser assigned all the rights title interest and benefits whatsoever in respect of the said Property and the full and entire benefit of the Principal Sale and Purchase Agreement to the Vendor upon the terms and conditions contained therein. By a Facility Agreement, a Deed of Assignment and a Power of Attomey all dated (Vendor's Loan Documents”) made between the Vendor of the one part and Bank Simpanan Nasional (Vendor's Financier”) of the other part, the Vendor had assigned absolutely all its rights, benefits, interest and title to the Property and in the Principal Agreement to the Vendor's Financier (“Existing Assignment The issue document of title to the Property held under Strata Title PM 9769/ M2/ 2/123, No Lot 65544, in the Mukim of Petaling, District of Petaling and state of Selangor (“Title”) las been issued and is currently registered in the name of the Developer. ‘The property is currently assigned to Bank Simpanan Nasional ‘The Sale and Purchase of the Property is subject to restriction of interest as followings: © ® © o OPERATIVE PROVISIONS: “Tanah ini tidak boleh dipindahmilik, dipajak atau digadai melainkan dengan kebenaran Pihak Berkuasa Negeri’ ‘The Vendor has agreed to sell and the Purchaser has agreed to purchase the Property together with fittings and fixtures on an “as is where is basis” free from all encumbrances and with vacant possession but subject to the existing category of land use and all express and implied conditions endorsed on the Title to the Property and upon the terms and conditions hereinafter contained, The Purchaser intends to apply to 2 financial institution (“Purchaser's Financier”) for 2 loan (Purchaser's Loan”) to assist the Purchaser to pay the balance of the purchase price of the Property. The Purchaser has appointed MESSRS SALEH & AIZAC of A-2-2, Jalan C180/1, Dataran C180, 43200 Cheras, Selangro Darul Ehsan as its solicitors (“Purchaser's Solicitors”). ‘The Vendor is not represented in this matter and have requested the Purchaser's solicitors to witness the execution of this agreement by the Vendor and has appointed the Purchaser's Solicitors to become the Stakeholders on his behalf. Any payments fo be made to the Vendor's Solicitors under this Agreement shall be paid to the Purchaser's Solicitors and the acknowledgement of the Purchaser's Solicitors shall be good and valid as against the Vendor. DEFINITIONS AND INTERPRETATION Definitions The following words and expressions have the following meanings unless the context otherwise requires:- LL. Appropriate Authorities” means any governmental, semi or quasi government and/or statutory departments, agencies or bod “Balance Purchase Price” means the balance of the Purchase Price of Ringgit Malaysia Two Hundred Thirty Eight Thousand and Five Hundred Only (RM238,500.00) only referred to in clause 2.2; 1.13. “Business Day” means any day on which licensed commercial banks in Kuala Lumpur are open for business excluding Saturdays, Sundays and publie holidays; 1.14 “Completion Date” means the date on which the full amount of the Purchase Price and interest due, if any, have been paid to all or any of the following, namely the Vendor, the Vendor's Solicitors as stakeholders and the Vendor's Financier; L.LS “Completion Documents” means the original Principal Agreement, the original Vendor's Loan Documents, a valid and registrable deed of receipt and reassignment of the Existing Assignment duly executed by the Vendor's Financier’s attorney, the original Strata Title and certified true copy of the Vendor's Identity Card; 1.1.6 “Deposit” means the sum of Ringgit Malaysia Twenty Six Thousand and Five Hundred (RM26,500.00) only referred to in Clause 2.1; 1.1.7 “encumbrances” means all encumbrances, charges, mortgages, assignments, title retention, trust arrangements, caveats (private, trust, lien-holders or registrars), liens, prohibitory orders, easements, equities and/or claims whatsoever and "encumbrance" shall be construed accordingly; LLB “Existing Assignment” means the assignment referred to in Recital (B); 1a. 10 u 13 4 1s 16 7 21 2 “Extended Payment Deadline” means the last day of the Extended Periods “Extended Period” means the period of one (1) month after the last day of the Payment Deadline subject to Bight per centum (8%) per annum of the Rate of Interest; “Management” means the Joint Management Body and/or the Management Corporation as defined in the Building and Common Property (Maintenance And Management) Act 2007 and the Strata Titles Act 1985 respectively of the Development; ‘Payment Deadline” means the deadline for the payment of the Balance Purchase Price being the day which falls three (3) months from the Unconditional Date; “Property” means the property referred to in Recital (A); urchase Price” means the sum of Ringgit Malaysia Two Hundred Only (RM265,000.00) referred to in Clause 2.1; id Sixty Five Thousand “Purchaser's Financier” means such bank or financial institution, licensed to carry on banking business under the Banking and Financial Institutions Act 1989 or the Islamic Banking Act 1983, that has agreed to grant the Purchaser's Loan to the Purchaser; urchaser’s Financier's Solicitors” means the firm of advocates and solicitors appointed by the Purchaser's Financier to represent the Purchaser's Financier in respect of the Purchaser's Loan: “Purchaser's Financier's Undertaking” means: (@ where the Purchaser's Loan is equal to or less than the redemption sum, the written undertaking from the Purchaser's Financier in favour of the Vendor's Financier to release the whole of the Purchaser's Loan to the Vendor's Financier subject to the receipt by the Purchaser's Financier of the Vendor's Financier’s Undertaking; OR (©) where the Purchaser's Loan exceeds the redemption sum, the written undertakings from the Purchaser's Financier ~ (in favour of the Vendor's Financier to release such part of the Purchaser's Loan as is equal to the redemption sum to the Vendor's Financier subject to the receipt by the Purchaser's Financier of the Vendor's Financier's Undertaking; and (in favour of the Vendor to release the balance of the Purchaser's Loan to the Vendor's Solicitors as stakeholders; “Purchaser's Loan” means the loan or credit facility obtained by the Purchaser from the Purchaser's Financier to finance or part finance the purchase of the Property; “Purchaser's Solicitors” means MESSRS SALEH & AIZAC of A-2.2, Jalan C180/1, Dataran C180, 43200 Cheras, Selangro Darul Ehsan; “RPGT Act” means the Real Property Gains Tax Act, 197 “Title” means the issue document of strata title in respect of the Property referred to in Recital “Transfer” means the valid and registrable Memorandum of Transfer in Form 144 of the National Land Code 1965 duly executed by the Developer directly in favour of the Purchaser; 11.23 124 1128 “Unconditional Date” means the date of receipt by the Purchaser's Solicitors of the documents referred to in Clause 3.1.2; ‘Vendor's Financier” means BANK SIMPANAN NASIONAL referred to in Recital (B); ‘Vendor's Financier's Undertaking” means the written undertaking from the Vendor's Financier in favour of the Purchaser's Financier to:- (@) deliver the Completion Documents to the Purchaser's Financier or the Purchaser's Financiers Solicitors, as the case may be, upon receipt of the redemption sum; and (©) refund the redemption sum to the Purchaser's Financier in the event that the reassignment of the Existing Assignment cannot be perfected, Interpretation Unless the context otherwise requires: 124 1.2.2 1.23 124 Las 126 127 128 129 1.2.10 If there is more than one Vendor or more than one Purchaser, the respective rights and obligations of the vendors or the purchasers, as the case may be, under this Agreement shall be joint and several; Words importing the masculine gender shall include the feminine and neuter genders and vice versa; Words importing the singular number shall include the plural and vice versa; The Appendices or Schedules hereto (if any) shall be read and construed as part of this Agreement. If there is any conflict or discrepancy between the contents of the Appendix or Schedule and the main body of this Agreement, the contents of the Appendix or Schedule, as the case may be, shall govern and prevail; A reference to a recital, clause, sub-clause, paragraph, sub-paragraph is a reference to a recital, clause, sub-clause, paragraph, sub-paragraph of this Agreement; ‘The headings and sub-headings to clauses herein are for convenience and shall not be taken into consideration in the interpretation or construction of this Agreement; A reference to a statute includes: (@) all amendments to that statute; (b) regulations, by-laws, rules, statements of policies or guidelines issued under or in relation to the same; and (©) any statutory modification or re-enactment of that statute; A reference to a "month" means a period beginning in one calendar month and ending in the next, calendar month on the day numerically corresponding to the day of the calendar month on which it commences or, where there is no date in the next month numerically corresponding as aforesaid, the fast day of such calendar month, and "months" and "monthly" shall be construed accordingly; Ifa day on or by which anything is to be done or any payment is to be made is not a Business Day, it shall be done or paid on the next Business Day; A reference to any particular date or time is a reference to that date or time at Kuala Lumpur; 24 22 3. 1.2.11 A reference to any agreement (including this Agreement) or document includes an amendment to, or replacement or novation of that agreement or document; 1.2.12 Words denoting an obligation on a person or party to do any act matter or thing include an obligation to procure that it be done and words placing a person or party under a restriction include an obligation not to permit infringement of the restriction save where otherwise provided; 1.2.13 No rule of construction applies to the disadvantage of a party by reason that it was responsible for the preparation of this Agreement or any part of it; 1.2.14 A reference to "Ringgit Malaysia or "RM" is a reference to the lawful currency of Malaysia. DEPOSIT AND PURCHASE PRICE In consideration of the payment of the Deposit comprising of the sum of Ringgit Malaysia Seven Thousand Nine Hundred and Fifty (RM7,950.00) only paid by the Purchaser to the Vendor prior to the execution of this Agreement (“Earnest Deposit") and the sum of Ringgit Malaysia Eighteen Thousand Five Hundred And Fifty (RM18,550.00) only (“Balance Deposit”) now paid by the Purchaser to the Vendor, and the Vendor agrees to sell and the Purchaser agrees to purchase the Property together with fittings and fixtures at the Purchase Price of Ringgit Malaysia Two Hundred and Sixty Five Thousand ‘Only (RM265,000.00) only free from all encumbrances and with vacant possession upon the terms and conditions hereinafter contained. Subject to the Vendor complying with its obligations set out in this Agreement, the Balance Purchase Price of Ringgit Malaysia Two Hundred Thirty Eight Thousand and Five Hundred Only (RM238,500.00) only shail be paid by the Purchaser to the Vendor's Solicitors as stakeholders on or before the Payment Deadline in accordance with the terms herein, If the Purchaser is unable to pay the Balance Purchase Price in accordance with Clause 2.2 for any reason, the Payment Deadline shall be automatically extended to the Extended Payment Deadline provided that the Purchaser pays to the Vendor interest on the Balance Purchase Price then outstanding at the rate of eight peer cent (8%) per annum calculated on a daily basis from the first day of the Extended Period until the Completion Date. The interest due, if any, shall be paid at the same time as the payment of the Balance Purchase Price. CONDITION PRECEDENT Notwithstanding anything to the contrary herein contained, the obligations of both the parties hereto under this Agreement are expressly conditional upon the following conditions precedent (hereinafter referred to as the “Condition Precedent”) being fulfilled within Six (6) months from the date of this Agreement or such further extensions as both the parties hereto may agree from time to time (hereinafter referred to as the “Consent Period”):~ (@) that the Vendor shall at their own cost and expense obtain a valid transfer of ownership ofthe said Property from the Developer in favour of the Vendor AND to forward to the Purchaser's Solicitors a copy of the relevant title with the names of the Vendor registered thereon; OR (b) that the Vendor shall at their own cost and expense apply and obtain the consent to transfer of the said Property from the Vendor in favour of the Purchaser AND to forward the consent to transfer to the Purchaser's Solicitors SUBJECT TO the Purchaser's Financier written confirmation that the Purchaser's Financier is ready and able to release the Purchaser's Loan to the Vendor's Financier and/or the Vendor's solicitors as stakeholders 32 33 4 5.1 32 33 In the event the Condition Precedent is not obtained within the aforesaid Condition Period or extended period to be mutually agreed upon (if any), as the case may be, or is refused for any reason due solely to the Vendor's fault or default (not being due to the delay or failure of the Purchaser or such other party not within the control of the Vendor), then this Agreement shall be deemed terminated and all monies paid hereunder shall be refiunded to the Purchaser, free of interest and neither party hereto shall have any claims against the other save and except for any antecedent breach of this Agreement and the Vendor shall be at liberty to dispose of and/or otherwise deal with the said Property in whatever manner the Vendor shall think fit without reference to the Purchaser. Upon fulfillment of the Condition Precedent as stated in clause 3.1 and 3.2 above, this Agreement shall become unconditional and the date upon which the Condition Precedents are fulfilled is hereinafter referred to as “the Unconditional Date”, DEPOSIT OF DOCUMENTS Within five (5) Business Days from the unconditional date, the Vendor shall deliver to the Purchaser’s Solicitors all other documents necessary for the purpose of submitting the Transfer for adjudication of the stamp duty payable thereon and all other requisite documents to effect the transfer of the Property to the Purchaser. ADJUDICATION AND STAMPING OF TRANSFER Upon receipt of the documents referred to in Clause 3.1. and Clause 4.1, the Purchaser's Solicitors shall:- 5.1.1 present the Transfer to the Stamp Office for adjudication of stamp duty payable thereon; 5.1.2 request the Purchaser to pay the stamp duty as assessed; and 5.1.3 thereafter retain the Transfer in safe custody pending completion of the sale herein PROVIDED THAT the Purchaser's Solicitors are authorised to celease the Transfer, the documents referred to in Clause 3.1.2 and 3.1.3 and Clause 4.1 and the original Title to the Purchaser's Financiers Solicitors upon the following conditions being fulfilled: (@) the Purchaser's Financier’s Undertaking having been received by the Vendor; (b) the difference between the Balance Purchase Price and the Purchaser's Loan (if any) (Differential Sum") having been deposited with the Vendor's Solicitors as stakeholders, The Purchaser undertakes to pay the stamp duty assessed as being payable on the Transfer within the payment deadline permitted by the Collector of Stamp Duty. ‘The Vendor agrees that if the sale and purchase herein is not completed in accordance with the provisions of this Agreement, the Purchaser shall be entitled to apply to the Collector of Stamp Duty for a cancellation and refund of stamp duty paid on the Transfer and to submit the Transfer to the Collector for such purposes. 6.1 62 63 64 66 67 REDEMPTION AND MODE OF PAYMENT OF BALANCE PURCHASE PRICE The Vendor shall procure the Vendor's Financier to deliver the redemption statement and the Vendor's Financier's Undertaking to the Purchaser's Financier’s Solicitors within Fourteen (14) Business Days of a written request being made by the Purchaser's Financier’ Solicitors for the same. ‘The Vendor shall, upon request deliver to the Purchaser's Solicitors or the Purchaser’s Financer's Solicitors, as the case may be, a written undertaking in favour of the Purchaser’s Financier to refund the Purchaser's Loan or such part thereof released to the Vendor in the event that the Transfer is not registered for any reason whatsoever. If the redemption sum exceeds the Balance Purchase Price, the Vendor's Solicitors shall utilize the

You might also like