http://www.singaporelaw.sg/sglaw/law...3-2005-sgca-16
It is interesting to notice that 2nd hand owner cannot sue Developer for breaching of contract.
http://www.singaporelaw.sg/sglaw/law...3-2005-sgca-16
It is interesting to notice that 2nd hand owner cannot sue Developer for breaching of contract.
Strange indeed.
So the 2nd hand owner, despite buying the property that was subsale or just recently TOP, cannot claim for rectifications of defects and water-proof warranty etc? :scared-3:
Then lesson learnt: Always buy properties that are more than 5 years old if 2nd hand (hence you can be sure no developers' defects remaining and you buy cheaper than new and can renovate like NEW using the money you saved to avoid buying new)!
Quote:
Originally Posted by richwang
More to note: MCST needs to get every single 1st owner to sign if they want to sue Developer for breaching of contract. If you don't show up in the AGM/EAGM, MCST cannot represent you even the Resolution of suing Developer is passed in the AGM/EAGM because the court requires explicit authorisation from each 1st hand owner. Only those show up and listed in the Annex will be entitled for any winning awards.
Worse still, if your name is missed out, you cannot insert afterwards, not even in the Court of Appeals.
Correction, your name cannot be inserted in the appeals, but can be added in the original/fresh trials.Quote:
Originally Posted by richwang
" 52 Accordingly, we affirm the rulings of the trial judge on the preliminary issues and dismiss this appeal with costs and the usual consequential orders. However, for the reasons set out in [26] to [28] above, we direct that the application to amend the pleadings be placed before the trial judge. For the avoidance of doubt, we would state that the appellant should not be precluded from adding more subsidiary proprietors to the list or, in view of the controversy whether the consent given is adequate, obtaining fresh authorisation from the subsidiary proprietors. "
sue under torts?
Under tort, Developers have always win the cases by "independent contractor".