Delivery Of Vacant Possession
Kannan Sunkaran
Experienced Building Manager with Coronade Properties Sdn Bhd, appointed Safety, Health & Environment Committee Member (Employee Representative) and Licensed Drone Pilot
Below are some general recommendations regarding the transfer of vacant possession, a process that commonly involves the handover of a property from a developer to a buyer.
Before the Delivery of Vacant Possession:
Dos:
Thorough Inspection:
·???????? Conduct a thorough inspection of the property before taking possession.
·???????? Document any defects or issues and communicate them to the developer.
Understand Contract Terms:
·???????? Familiarize yourself with the terms and conditions of the sale agreement.
·???????? Ensure that the developer has fulfilled all contractual obligations.
Clarify Maintenance and Warranty:
·???????? Understand the maintenance responsibilities and warranty provisions.
·???????? Seek clarification on how to address defects that may arise after possession.
Legal Compliance:
·???????? Ensure that all legal and regulatory requirements are met.
·???????? Verify that the property has obtained the necessary clearances and approvals.
Don'ts:
Rushing the Inspection:
·???????? Don't rush through the inspection process.
·???????? Take the time to thoroughly assess the property for any issues.
Assuming Compliance:
·???????? Don't assume that all legal and regulatory requirements are automatically met.
·???????? Verify the compliance status to avoid future complications.
During the Delivery of Vacant Possession:
Dos:
Documentation:
·???????? Ensure all necessary documents, including the certificate of fitness, are provided.
·???????? Verify that the property is delivered in accordance with the specifications.
Final Walkthrough:
·???????? Conduct a final walkthrough of the property before formally accepting possession.
·???????? Confirm that all agreed-upon fixtures and finishes are in place.
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Ask Questions:
·???????? Ask questions about any uncertainties or issues during the handover.
·???????? Seek clarification on how to operate systems and appliances.
Don'ts:
Accepting Without Confirmation:
·???????? Don't accept possession without confirming that everything is in order.
·???????? Address any outstanding issues before formal acceptance.
Ignoring Documentation:
·???????? Don't overlook the importance of proper documentation.
·???????? Ensure that all paperwork is completed accurately and thoroughly.
After the Delivery of Vacant Possession:
Dos:
Immediate Reporting:
·???????? Report any post-possession defects or issues promptly to the developer.
·???????? Follow the proper channels outlined in the agreement for issue resolution.
Regular Maintenance:
·???????? Perform regular maintenance to preserve the condition of the property.
·???????? Adhere to recommended maintenance schedules for appliances and systems.
Compliance with Terms:
·???????? Ensure that you comply with any post-possession obligations outlined in the agreement.
·???????? Stay informed about warranty periods and conditions.
Don'ts:
Delaying Issue Reporting:
·???????? Don't delay reporting defects or issues to the developer.
·???????? Timely communication is essential for effective resolution.
Neglecting Maintenance:
·???????? Don't neglect regular maintenance tasks.
·???????? Proper maintenance helps prevent the escalation of minor issues into major problems.
Keep in mind that real estate transactions and regulations can vary, so it's crucial to consult with legal and real estate professionals to ensure that you are aware of and adhere to the specific requirements in your jurisdiction. Additionally, any advice provided here is general in nature and may need to be adapted based on the specifics of your situation.