THIS SALE AND PURCHASE AGREEMENT is made on the day of 200

between JASON DANIEL CAMPOS (NRIC No. 670417-04-5371) (hereinafter called t!

"!#$o%) of the one part and RA&IAH 'INTI (ASSIM (NRIC No. 5)0114-01-56)))
(hereinafter ca1led t! P*%+,-!%) of the other part.
.HEREAS/-
(1) REGISTERED PROPRIETOR
The Vendor is the registered and beneficial owner of all that the leasehold land (expiring on
16.1.)10)) held nder HSD 10)71)1 No. Lot / PT 51)21 P!3,# ',%* S*#4,5 '*6o1 D,!%,
P!t,65#41 N!4!%5 S!6,#4o% measring approximately 2!".2! s#are meteres on which is bilt a two
and a half storey hose (semi$detached) bearing postal address No ))A1 J,6,# C,7,% 48151 S5!%,
D,7,#-,%,1 47010 P!t,65#4 J,9,1 S!6,#4o% D,%*6 E-,# (the said land and bilding are
hereinafter collecti%ely called t! -,5$ P%o:!%t9).
()) ENCUM'RANCES
The said &roperty is presently charged to C5t5;,#3 '!%,$ (Co No.)27002-M) of T5#43,t 161
M!#,%, C5t5;,#31No 1651 J,6,# A7:,#41 50450 .56,9, P!%-!3!t*,# (hereinafter called t!
"!#$o%<- &5#,#+5!%-) %ide &resentation 'o. 126178)004 (hereinafter called t! C,%4!) for
credit facilities extended to the Vendor.
(3) RESTRICTIONS
The said (and is sb)ect to an express restriction in interest endorsed on the docment of title
thereto that it shall not be transferred or charged withot the prior appro%al of the *tate +thority.
(4) SOLICITORS
,essrs Go$=%!9 D<+%*> ? Co +d%ocates - *olicitors. of U#5t 7)11 7
t
&6oo%1 '6o+3 A1 Lo;;9 6
D,7,#-,%, I#t,#1 No.11 J,6,# SS )08)7 474001 P!t,65#4 J,9, 1S!6,#4o% D,%*6 E-,#. T!6.
No.03- 7710 506)850631 &,@ No. 03-7710 5062 (hereinafter called t! P*%+,-!%<- So65+5to%-)
are the *olicitors for the &rchaser.
The Vendor is legally represented by ,essrs (im - /oh of 001$02. 1
th
2loor. ,ing 3liding. 4alan
35it 'anas 60260 7ala (mpr (hereinafter referred to as the Vendor8s *olicitors).
(5) &INANCING
The &rchaser intends to obtain a loan (hereinafter called t! Lo,#) from a ban5 or from the
9o%ernment or other instittion (hereinafter referred to as t! P*%+,-!%<- &5#,#+5!%-) to
complete the prchase of the said &roperty.
(6) INTENTION O& THE PARTIES HERETO
The Vendor ha%e agreed to sell and the &rchaser has agreed to prchase the said &roperty free
from encmbrances whatsoe%er and with %acant possession bt sb)ect to sch conditions and
restrictions$in$interests in the title whether expressed or implied pon the terms and conditions
hereinafter appearing.
.HERE'A IT IS AGREED as follows:$
1. CONSIDERATION
1(1) ;n consideration of the sm of RINGGIT MALAASIA SIBTEEN THOUSAND THREE
HUNDRED AND SIBTA (RM161360-00) only already paid by the &rchaser to the
Vendor and a frther sm of RINGGIT MALAASIA SIBTA &I"E THOUSAND AND
&OUR HUNDRED AND &ORTA (RM651440-00) only now paid by the &rchaser to the
Vendor (the receipt both sms the Vendor hereby ac5nowledge) towards part payment of
the prchase price the Vendor will sb)ect to the appro%al for the transfer of the said
&roperty being obtained as pro%ided in <lase 2 herein sell and the &rchaser will prchase
the said &roperty free from any encmbrances whatsoe%er bt sb)ect to all the conditions
of title whether express or implied contained in the docment of title to the said &roperty
and with %acant possession at the total prchase price of RINGGIT MALAASIA EIGHT
HUNDRED AND EIGHTEEN THOUSAND (RM0101000-00) only (hereinafter called
t! P*%+,-! P%5+!) pon the terms and conditions hereinafter contained.
). CONDITIONAL AGREEMENT
2(1) This +greement is conditional pon the written appro%al of the *tate +thority being
obtained for the transfer of the said &roperty .
(2) The Vendor hereby nderta5e forthwith at their own costs and expenses to se their best
endea%or to obtain the appro%al for the transfer and for sch prpose the Vendor will
withot delay ma5e and sign all sch applications and other docments and do sch other
acts and things as may be necessary or re#ired to obtain sch appro%al and to commnicate
the same to the &rchaser8s *olicitors within NINE (2) MONTHS from the date hereof or
any frther extension of time as the &rchaser may grant to the Vendor. The Vendor shall
immediately pon recei%ing the letter from the *tate +thority appro%ing the transaction
herein forward it to the &rchaser8s *olicitors who shall inform the &rchaser in respect
thereof. The date of the &rchaser8s *olicitors8 receipt of the said letter of appro%al from the
*tate +thorities is hereinafter called t! Co77!#+!7!#t D,t!.
3. NON-APPRO"AL
=(1) ;f sch written appro%al is not obtained within the period stiplated in <lase 2 hereof de
to no falt of the parties or if the application for appro%al is refsed. the &rchaser may
grant to the Vendor an extension of time to obtain the said appro%al and>or for an appeal to
be lodged by the Vendor. which appeal the Vendor shall be obliged to ma5e or the
&rchaser may elect to terminate this +greement wherepon this +greement shall become
nll and %oid sa%e as hereinafter pro%ided and all monies paid to the Vendor by the
&rchaser shall be refnded by the Vendor to the &rchaser free of interest within *?V?'
(") @+A* of a re#est for the same &BCV;@?@ +(D+A* that if the aforesaid refnd is
not made by the Vendor to the &rchaser within *?V?' (") @+A* from the date of
termination. then the &rchaser shall be entitled to claim interest from the Vendor on the
sm to be refnded at the rate of ?;9/T &?B<?'T (1E) per annm calclated on a daily
basis ntil actal receipt thereof by the &rchaser together with all interest payable. in
defalt of which the Vendor shall be additionally liable to reimbrse the &rchaser all costs
and expenses (inclding the fees of the solicitors acting for the &rchaser on a solicitor and
client basis) incrred by the &rchaser in connection with any action to enforce the same.
4. PAAMENT O& 'ALANCE PURCHASE PRICE
F(1) The balance of the &rchase &rice of RINGGIT MALAASIA SE"EN HUNDRED
THIRTA SIB THOUSAND AND T.O HUNDRED (RM7361)00-00) only (hereinafter
called t! ',6,#+! P*%+,-! P%5+!) shall be paid to the Vendor8s *olicitors as
sta5eholders within 2CGB (F) ,C'T/* from the <ommencement @ate as hereinafter
defined (the date of fll payment of the &rchase &rice to the &rchaser8s *olicitors is
hereinafter called t! Co7:6!t5o# D,t!) &BCV;@?@ that pon the expiry of T/B?? (=)
,C'T/* from the date hereof interest on any portion of the &rchase &rice remaining
npaid shall commence immediately thereafter and be payable by the &rchaser to the
Vendor. sch interest to be calclated from day to day on the proportion of the &rchase
&rice remaining npaid at the rate of EIGHT PERCENT (0C) per annm.
F(2) ;n the e%ent that the &rchaser completes the sale and prchase herein with the (oan and the
&rchaser8s *olicitors shall ha%e obtained within the said 2CGB (F) ,C'T/*8 period an
nderta5ing and>or a confirmation from the &rchaser8s 2inanciers to release to the Vendor
and>or to the Vendor8s *olicitors the (oan after the presentation of all the rele%ant
docments for registration of the transfer of the said &roperty to the &rchaser free from any
encmbrances whatsoe%er and the charge in fa%or of the &rchaser8s 2inanciers
(hereinafter called t! U#$!%t,35#4) then the Gnderta5ing shall for all intents and
prposes of this +greement be deemed to be fll payment of the total &rchase &rice
&BCV;@?@ that the &rchaser shall ha%e within the said 2CGB (F) ,C'T/*8 period paid
to the &rchaser8s *olicitors the difference between the 3alance &rchase &rice and the
(oan amont. if any (hereinafter called t! D5==!%!#t5,6 S*7) and the &rchaser
contining to pay interest thereon at the aforesaid rate from the expiry of the three(=)
months from the commencement date ntil actal receipt of the loan sm by the &rchaser8s
*olicitors.
F(=) ;n compting the time within which the &rchaser is to pay the 3alance &rchase &rice. any
delay de to the falt or defalt of the Vendor inclding bt not limited to the following
delay:$
(a) any delay in the &rchaser8s 2inanciers8 solicitors8 receipt of the redemption
statement from the Vendor8 2inanciers in fa%or of the &rchaser8s 2inanciers (and
in sch case. the period exceeding 2CGBT??' (1F) @+A* from the date of the
re#est for sch redemption statement and the receipt of the redemption statement
by the &rchaser8s 2inanciers8 solicitors shall be deemed to be a delay)H
(b) the period exceeding 2CGBT??' (1F) @+A* from the date of receipt by the
Vendor8s *olicitors of the redemption sm payable and the date of the &rchaser8s
2inanciers8 solicitors8 receipt of the dly exected. registrable and stamped
@ischarge of <harge. the rele%ant dplicate charge. the original isse docment of
title and any other rele%ant docments to enable the @ischarge of <harge to be dly
registeredH
(c) the period exceeding 2CGBT??' (1F) @+A* from the date of re#est and the date of
receipt by the &rchaser8s 2inanciers8 solicitors of the nderta5ing to refnd as well
as any other docments referred to nder <lase F(6) hereinafter pro%idedH
(d) the period exceeding 2CGBT??' (1F) @+A* from the date of re#est and the date of
receipt by the &rchaser8s *olicitors of the docments mentioned in <lase I
hereafter pro%idedH
shall be exclded from the comptation of the aforesaid time to settle the said sm.
F(F) ;n the e%ent that the &rchaser fail to pay the 3alance &rchase &rice within the time and
manner stiplated in <lases F (1) to (=) hereinabo%e. the Vendor may by written notice to
the &rchaser terminate this agreement and to forfeit a sm of RINGGIT MALAASIA
EIGHTA ONE THOUSAND EIGHT HUNDRED (RM011000-00) only as agreed
li#idated damages and the Vendor shall refnd to the &rchaser all other moneys had and
recei%ed (if any) free of interest whatsoe%er and wherepon this +greement shall be nll
and %oid &BCV;@?@ +(D+A* that if the aforesaid refnd is not made by the Vendor to
the &rchaser within *?V?' (") @+A* from the date of termination. then the &rchaser
shall be entitled to claim interest from the Vendor on the sm to be refnded at the rate of
?;9/T &?B<?'T (1E) per annm calclated on a daily basis ntil actal receipt thereof
by the &rchaser together with all interest payable. in defalt of which the Vendor shall be
additionally liable to reimbrse the &rchaser all costs and expenses (inclding the fees of
the solicitors acting for the &rchaser on a solicitor and client basis) incrred by the
&rchaser in connection with any action to enforce the same.
F(6) ;n the e%ent that the &rchaser obtains the (oan to complete the sale and prchase herein
the Vendor shall within 2CGBT??' (1F) @+A* of a re#est by the &rchaser8s
2inanciers8 solicitors. pro%ide an nderta5ing in fa%or of the &rchaser8s 2inanciers (to
refnd the (oan released by the &rchaser8s 2inanciers in the e%ent the transfer in fa%or of
the &rchaser and>or the charge in fa%or of the &rchaser8s 2inanciers cannot be registered
for any reason whatsoe%er) as well as any other docment which may be re#ired to
expedite or enable the release of the (oan to the Vendor or for the Vendor8 benefit.
F(I) The 3alance &rchase &rice held by the Vendor8s *olicitors as sta5eholders as aforesaid
shall be dealt with by the Vendor8s *olicitors in the following manner:$
(a) to redeem the said &roperty and to obtain a dly exected. registrable and stamped
@ischarge of <harge. the rele%ant dplicate charge. the original isse docment of
title and any other rele%ant docments to enable the @ischarge of charge to be dly
registeredH
(b) to pay any otstanding otgoings or charges payable in relation to the said &roperty
inclding bt not limited to any arrears of #it rent. assessment and sewerage
chargesH
(c) to release to the Vendor the balance thereof. if any. pon the expiry of *?V?' (")
days from the date of presentation for registration by the &rchaser8s *olicitors or
the &rchaser8s 2inanciers8 solicitors (as the case may be) of the said ,emorandm
of Transfer (as hereinafter defined) and>or the charge in fa%or of the &rchaser8s
2inanciers at the rele%ant land office>registry sb)ect to the Vendor8s *olicitors
ha%ing recei%ed the whole of the 3alance &rchase &rice.
F(") ;n the e%ent that the 3alance &rchase &rice is insfficient to redeem the said &roperty from
the Vendor8 2inanciers as aforesaid. the Vendor shall within *?V?' (") @+A* of a re#est
by the Vendor8s *olicitors deposit with the &rchaser8s *olicitors sch shortfall between the
3alance &rchase &rice and the redemption sm payable as aforesaid (hereinafter called
the Bedemption *hortfall) and it is hereby agreed that sch delay occasioned in the
redemption of the said &roperty beyond the said 2CGBT??' (1F) @+A* shall be credited
to the time permitted by the &rchaser to pay the 3alance &rchase &rice withot interest.
5. EBECUTION AND ADJUDICATION O& TRANS&ER
6(1) *imltaneosly with the exection of this +greement the Vendors shall execte and deposit
with the &rchaser8s *olicitors a %alid and registrable (sa%e for the defalt of the
&rchasers) ,emorandm of Transfer in respect of the said &roperty free from all
encmbrances in fa%or of the &rchasers (hereinafter called t! -,5$ M!7o%,#$*7 o=
T%,#-=!%) and a clear copy of the isse docment of title for the said &roperty.
6(2) The parties hereto shall forthwith withot delay ta5e all steps and execte all docments as
may be necessary to enable the transfer of the said &roperty to be ad)dicated by the
rele%ant athority for the prpose of determining the proper stamp dty payable on the
con%eyance of the said &roperty and the &rchaser8s *olicitors are hereby athoriJed by the
parties hereto to sbmit sch docments (inclding the said ,emorandm of Transfer) for
ad)dication.
6(=) *b)ect to the payment of the 3alance &rchase &rice to the Vendor8s *olicitors as
sta5eholders or the &rchaser8s *olicitors8 receipt of the Gnderta5ing and the @ifferential
*m (if any). the &rchaser8s *olicitors are athoriJed to present the said ,emorandm of
Transfer for registration or to deli%er the same together with all other necessary docments
to effect the registration of the said ,emorandm of Transfer and the charge in fa%or of
the &rchasers8 2inancier to the &rchaser8s 2inanciers8 solicitors pending the fll release of
the (oan granted to the &rchaser.
6. DELI"ERA O& DOCUMENTS
I(1) The Vendor shall as and when re#ested by the &rchaser8s *olicitors. deli%er to them the
following docments:$
(a) the original isse docment of title of the said &roperty together with the rele%ant
dplicate charge. the @ischarge of charge and any other docment necessary to
render the said &roperty free from encmbrances sa%e for those attribted to the
&rchaser or the &rchaser8s agents (if the Vendors ha%e redeemed the said &roperty
in the interim) sb)ect to the 3alance &rchase &rice ha%ing been paid to the
Vendor8s *olicitors as sta5eholders or the receipt by the &rchasers8 *olicitors of the
Gnderta5ing and the @ifferential *m (if any)H
(b) a copy of the Vendor8s identity cardsH
(c) a copy of the crrent #it rent and assessment receipts in respect of the said
&ropertyH
(d) a copy of the <ertificate of 2itness for Cccpation of the said &ropertyH
(e) sch other docments as the &rchaser or the &rchaser8s *olicitors may re#ire as
reasonably necessary to ensre that the said &roperty can be transferred to and
registered in the name of the &rchasers free from encmbrancesH and
(f) the rele%ant athority8s appro%al and reno%ation plans for all reno%ation wor5s done
to or on the said &roperty together with re#isite certificate of fitness for occpation.
7. ENTRA O& PRI"ATE CA"EAT
"(1) The &rchaser shall on the exection of this +greement be entitled to lodge at its own cost
and expense a &ri%ate <a%eat on the Begister @ocment of Title of the said &roperty to
protect the &rchaser8s interest in the said &roperty created by this +greement pro%ided that
the &rchaser shall at the &rchaser8s own cost and expense forthwith remo%e or cased to
be remo%ed the aforesaid &ri%ate <a%eat pon termination of this +greement and for this
prpose the &rchaser shall simltaneosly with the exection thereof execte and deli%er
to the &rchaser8s *olicitors the %alid and registrable Dithdrawal of &ri%ate <a%eat as
sta5eholders together with the registration fees and the &rchaser8s *olicitors are hereby
irre%ocably athorised to forthwith present the same for registration with the rele%ant land
office>registry. as the case may be pon the termination of this +greement.
0. DE&AULT 'A "ENDOR
1(1) ;f throgh no falt or defalt of the &rchaser. the Vendor shall refse or fail to transfer the
said &roperty to the &rchaser from all encmbrances (bt sb)ect to sch conditions and
restrictions$in$interests in the title whether expressed or implied) in accordance with the
terms of this +greement for any reasons whatsoe%er the &rchaser shall ha%e the option
either:$
(a) to enforce this +greement by specific performance and to see5 damages from the
Vendor. in which e%ent the Vendor shall be liable to reimbrse the &rchaser all costs
and expenses (inclding the fees of the solicitors acting for the &rchasers on a solicitor
and client basis) incrred by the &rchaser in connection with the said action. CB
(b) alternati%ely. to terminate this +greement wherepon the Vendor shall refnd free of
interest to the &rchasers all monies recei%ed by the Vendors prsant to this
+greement together with the payment of a sm RINGGIT MALAASIA EIGHTA
ONE THOUSAND EIGHT HUNDRED (RM011000-00) only as agreed li#idated
damages &BCV;@?@ T/+T in the e%ent that sch refnd and payment is not made
within *?V?' (") @+A* of sch termination of the +greement the Vendors shall be
liable to pay to the &rchasers interest at the rate of ?;9/T &?B<?'T (1E) per annm
on sch sm as is to be refnded calclated on a daily basis ntil actal receipt thereof
by the &rchasers together with all interest payable. in defalt of which the Vendors
shall be additionally liable to reimbrse the &rchasers all costs and expenses (inclding
the fees of the solicitors acting for the &rchasers on a solicitor and client basis)
incrred by the &rchasers in connection with any action to enforce the same.
2. PASSING O& RIS(
!(1) +ll ris5s concerning or affecting the said &roperty shall be borne by the Vendor ntil the
&rchaser recei%e deli%ery of %acant possession of the said &roperty and the &rchaser shall
be entitled to rescind this +greement and demand a fll refnd of all prchase monies paid
nder this +greement in the e%ent that the said &roperty is sbstantially destroyed prior
thereto.
10. DELI"ERA O& "ACANT POSSESSION
10(1) The Vendor shall deli%er %acant possession of the said &roperty to the &rchaser on
<ompletion @ate in the same state and condition as when the &rchaser first inspected the
said &roperty prior to the exection of this +greement (fair wear and tear excepted).
10(2) ;n the e%ent that the Vendor fail to deli%er %acant possession of the said &roperty to the
&rchaser on the <ompletion @ate as aforesaid. then the Vendor shall pay to the &rchaser
interest on the late deli%ery of the %acant possession of the said &roperty at the rate of
?;9/T &?B<?'T (1E) per annm calclated on the &rchase &rice from the <ompletion
@ate ntil the date of actal deli%ery of the said &roperty to the &rchaser.
11. REAL PROPERTA GAINS TAB
11(1) &rsant to the Beal &roperty 9ains Tax (?xemption) ('o. 2) Crder 200" which abolishes
of the re#irement for the notification to the @irector$9eneral of ;nland Be%ene of any
ac#isition and disposal of any property. the Vendor and the &rchaser are hereby not
re#ired to file any <7/T forms to the @irector$9eneral of ;nland Be%ene in relation to
the sale and prchase of this &roperty and the Vendor8s *olicitors are hereby athoriJed to
release the 3alance &rchase &rice to the Vendor prsant to the terms of this +greement
withot the need to retain any sms for any real property gains tax prposes.
1). TRANS&ER NOT REGISTRA'LE
12(1) ;f after the <ompletion of this +greement. the ,emorandm of Transfer of the said
&roperty is not registered in fa%or of the &rchaser free from all encmbrances (bt sb)ect
to sch conditions and restrictions$in$interests in the title whether expressed or implied) by
reason of any charge. lien. ca%eat. prohibitory order or other encmbrances. it shall be the
dty of the Vendors to remo%e or case to be remo%ed forthwith at the Vendor8s own costs
and expense sch charge. lien. ca%eat. prohibitory order. other encmbrances (sa%e for those
attribtable to the &rchaser or the &rchaser8s agents) in order to enable the &rchaser to
be registered as proprietors free from all encmbrances as herein before pro%ided withot
pre)dice to the right of the &rchaser to ta5e steps or actions to remo%e>discharge sch
charge. lien. ca%eat. prohibitory order. or other encmbrances and>or to see5 the remedy of
specific performance.
12(2) ;n the alternati%e. bt &BCV;@?@ +(D+A* that sch encmbrances ha%e not been cased
directly or indirectly by the &rchaser or by the Vendor. the &rchaser shall be entitled at
the &rchaser8s option to terminate this +greement. demand the Vendor to refnd forthwith
free of interest all monies paid by or on behalf of the &rchaser &BCV;@?@ T/+T in the
e%ent that sch refnd and payment is not made within *?V?' (") @+A* of sch
termination of the +greement the Vendor shall be liable to pay to the &rchaser interest at
the rate of ?;9/T &?B<?'T (1E) per annm on sch sm as is to be refnded calclated
on a daily basis ntil actal receipt thereof by the &rchaser together with all interest
payable. in defalt of which the Vendor shall be additionally liable to reimbrse the
&rchaser all costs and expenses (inclding the fees of the solicitors acting for the &rchaser
on a solicitor and client basis) incrred by the &rchaser in connection with any action to
enforce the same.
13. GO"ERNMENT ACDUISITION
1=(1) The Vendor hereby warrants and nderta5es to the &rchaser that as at the date of this
+greement the Vendor has no 5nowledge nor any reason to belie%e that the said &roperty or
any part thereof has been ac#ired or is sb)ect to ac#isition or intended ac#isition by any
go%ernmental stattory rban mnicipal or other athority or that any ad%ertisement in the
9o%ernment 9aJette of sch intention has been pblished prsant to the (and +c#isition
+ct. ;n the e%ent that the Vendor shall be ser%ed with any sch notice of ac#isition or
intended ac#isition at any time after the exection of this +greement and prior to the
registration of the transfer of the said &roperty to the &rchaser. the Vendor shall forthwith
notify the &rchaser of any sch notice of ac#isition or intended ac#isition and it is
hereby agreed that the &rchaser shall be entitled at the &rchaser8s absolte discretion by
notice in writing to the Vendor either:$
(a) to contine with the sale and prchase herein withot any redction and ad)stment
in the &rchase &rice in which e%ent the Vendor shall notify the athority of the sale
of the said &roperty to the &rchaser and. pon recei%ing the 3alance &rchase
&rice. gi%e notice of assignment of all the Vendor8s rights and interests in the said
&roperty in fa%or of the &rchaser and grant to the &rchaser a &ower of +ttorney
empowering the &rchaser to negotiate and deal with the athority in respect of the
said &roperty in any manner the &rchaser deems fitH CB
(b) to terminate this +greement and demand a refnd forthwith of all monies recei%ed
by the Vendor or for the Vendor8s benefit prsant to this +greement. wherepon
the Vendor shall ma5e sch refnd free of interest and thereafter this +greement
shall be treated as terminated and neither party shall ma5e any frther claims against
the other &BCV;@?@ T/+T in the e%ent that sch refnd is not made within
*?V?' (") days of the demand the Vendor shall be liable to pay to the &rchaser
interest at the rate of ?;9/T &?B<?'T (1E) per annm on sch sm as is to be
refnded calclated on a daily basis ntil actal receipt thereof by the &rchaser
together with all interest payable and the Vendor shall be additionally liable to
reimbrse the &rchaser all costs and expenses (inclding the fees of the solicitors
acting for the &rchaser on a solicitor and client basis) incrred by the &rchaser in
connection with any action to enforce the same.
14. DUIT RENT1 ASSESSMENT1 RATES1 TABES AND OTHER OUTGOINGS
1F(1) +ll #it rent. rates. assessments and other otgoings payable in respect of the said &roperty
shall be payable by the Vendor p to the <ompletion @ate and the Vendor shall indemnify
the &rchaser against any loss or penalty which may be imposed by the rele%ant athority in
respect of any late or non$payment thereof for the period prior thereto.
15. RENO"ATIONS
16(1) ;n the e%ent that any reno%ation wor5s ha%e been done to or on the &roperty. the Vendor
warrants that all reno%ation wor5s done to and on the said &roperty ha%e been properly and
dly appro%ed by the rele%ant athorities and are not in breach of any legislation or
sbsidiary legislation inclding any enactments. +cts of &arliament. stattes. reglations.
by laws or orders and the Vendor hereby nderta5es with the &rchaser to ma5e good any
claims. demands. penalty. damage. cost. expenses proceedings or other actions which may
be made or institted against the &rchaser by any rele%ant athorities or incrred by the
&rchaser as a reslt of any action to comply with any directions of any rele%ant
athorities in relation to sch reno%ation wor5s.
16. .ARRANTIES
1I(1) The Vendors hereby )ointly and se%erally represent and warrant to the &rchaser that:$
(a) the recitals herein are tre and accrateH
(b) the Vendors are entitled to sell the said &ropertyH
(c) the certificate of fitness for occpation for the said &roperty has been dly issedH
(d) the said &roperty is free from all liens. ca%eats. charges and encmbrances
whatsoe%er sa%e for those expressly disclosed hereinH
(e) to the best of the Vendor8s 5nowledge there are no otstanding notices in respect of
the said &roperty ser%ed pon the VendorsH
(f) all #it rents. rates. assessments. electricity. water charges and other lawfl
otgoings de to the rele%ant athorities in respect of the said &roperty has been
flly settled or will be settled before the <ompletion @ateH and
(g) to the best of the Vendor8s 5nowledge all conditions affecting the said &roperty
whether express or implied nder any +ct. Crdinance. ?nactment. Crder. Bles.
Beglations. 3y$(aws and directi%es ha%e been dly complied with and the Vendors
shall ensre that there shall not at any time hereafter done or omitted to be done any
act. matter or thing in or in respect of the said &roperty which may render the said
&roperty or any part thereof liable to forfeitre or attachment.
1I(2) The Vendors agree and ac5nowledge that the &rchaser are entering into this +greement in
reliance pon the declarations. representations. warranties and co%enants set forth in <lase
1I(1) herein and the &rchaser may treat the same as conditions of this +greement and none
of the said declarations. representations. warranties and co%enants shall be deemed in any
way modified or discharged by the completion of the sale and prchase of the said &roperty.
1I(=) The Vendors will at all times indemnify and 5eep the &rchaser. the &rchaser8s heirs.
personal representati%es. sccessors$in$title and assigns indemnified against all actions.
proceedings. damages. penalties. costs. claims and demands by reason of or on accont of
any breach or misrepresentations or non$flfillment of the declarations. representations.
warranties and co%enants set forth in <lase 1I(1) herein or any of them and the &rchaser
may at the &rchaser8s option. in any e%ent of sch breach. misrepresentation or non$
flfillment. by notice in writing to the Vendors to terminate this +greement whereby the
Vendors shall refnd free of interest to the &rchaser all monies recei%ed by the Vendors
prsant to this +greement &BCV;@?@ T/+T in the e%ent that sch refnd and payment
is not made within *?V?' (") @+A* of sch termination of the +greement the Vendors
shall be liable to pay to the &rchaser interest at the rate of ?;9/T &?B<?'T (1E) per
annm on sch sm as is to be refnded calclated on a daily basis ntil actal receipt
thereof by the &rchaser together with all interest payable. in defalt of which the Vendors
shall be additionally liable to reimbrse the &rchaser all costs and expenses (inclding the
fees of the solicitors acting for the &rchaser on a solicitor and client basis) incrred by the
&rchaser in connection with any action to enforce the same.
17. SPECI&IC PER&ORMANCE
1"(1) The &rchaser shall be entitled to specific performance of this agreement.
10. COSTS
11(1) The &rchaser shall pay all stamp dties. registration fees or other fees or charges payable
on or incidental to the exection. completion and registration as the case may be. of this
agreement and the con%eyance herein inclding all stamp dties. registration fees and their
solicitors8 fees bt the Vendor shall bear and pay all costs and expenses in connection with
the consent to transfer the said &roperty and the remo%al of all encmbrances. ?ach party
shall bear its own solicitors8 costs.
12. NOTICE
1!(1) +ny notice. re#est or demand re#ired to be ser%ed by either party hereto on the other
nder the pro%isions of this +greement shall be in writing and shall be deemed to be
sfficiently ser%ed or made as follows:$
(a) if sent by telefax. when it oght in the ordinary corse to ha%e been recei%ed by the
party to whom it is intended &BCV;@?@ that the same shall ha%e thereafter been
sent by postH
(b) if sent by post. 2CGB (F) days after it is postedH and
(c) if deli%ered by hand to the party to be ser%ed or his solicitors. pon deli%ery of the
same.
1!(2) +ny notice. re#est or demand if the same is to be posted or deli%ered. shall be addressed to
the party to be ser%ed at the parties8 address herein before mentioned or to its solicitors
nless sch party shall ha%e pre%iosly notified the other party in writing of any other
address to which notices. re#ests and demands are to be sent in which case the same shall
be sent to that address.
)0. 'INDING AGREEMENT
20(1) This agreement shall be binding pon the respecti%e heirs. personal representati%es and
assigns of the parties hereto.
)1. TIME TO 'E THE ESSENCE
21(1) Time whene%er mentioned shall be deemed to be and treated as of the essence of this
+greement.
)). (NO.LEDGE AND ACDUIESCENCE
22(1) 7nowledge or ac#iescence by either party hereto of any breach of any terms. conditions.
warranty. nderta5ing or co%enants herein contained shall not operate as or be deemed to be
a wai%er of sch terms. conditions. warranty. nderta5ing or co%enants or any of them and
each party shall notwithstanding sch 5nowledge or ac#iescence be entitled to exercise
their respecti%e rights nder this +greement and to re#ire strict compliance and
performance by the other party of sch terms. conditions. warranty. nderta5ing or
co%enants.
)3. SE"ERA'ILITA
2=(1) +ny term. condition. stiplation. pro%ision. co%enant. warranty or nderta5ing in this
+greement which is illegal. %oid. prohibited or nenforceble shall be ineffecti%e to the
extent of sch illegality. %oidness. prohibition or nenforceability withot in%alidating the
remaining pro%isions and any sch illegality. %oidness. prohibition or nenforceability shall
not in%alidate or render illegal. %oid. or nenforceble any other term. condition. stiplation.
pro%ision. co%enant. warranty or nderta5ing in this +greement.
)4. SUR"I"AL O& UNDERTA(INGS AND CO"ENANTS
2F(1) ?ach and e%ery of the agreements. co%enants. warranties and nderta5ings of any party
contained in this +greement shall sr%i%e the completion and lawfl termination of this
+greement ntil sch time as the same is>are flly performed and discharged.
)5. HEADINGS
26(1) The headings of the <lases herein contained are inserted for con%enience and ease of
reference only and shall be disregarded in the interpretation and constrction of any of the
pro%isions herein contained.
)6. DE&INITIONS AND INTERPRETATIONS
2I(1) Gnless expressly pro%ided otherwise or something in the sb)ect or context shall render
sch constrction inconsistent. in this agreement:$
(a) words in the singlar shall inclde the plral and %ice %ersaH
(b) words importing the mascline gender shall inclde the feminine and neter genders
and %ice %ersaH
(c) a period of days from the happening of an e%ent or the doing of any act or thing shall
be deemed to be exclsi%e of the day on which the e%ent occrs or the act or thing is
done and if the last day of sch period is a wee5ly holiday or a pblic holiday
(hereinafter referred to as the exclded day) the period shall inclde the day next
following which is not an exclded dayH
(d) references to <lases are to be constred as references to <lases in this +greementH
(e) the term herein is to be constred as in this +greementH
(f) references to the pro%isions of or any legislation incldes a reference to any
stattory modification. replacement or re$enactment thereof.
(The rest of this page is intentionally left blank)
IN .ITNESS .HEREO& the parties hereto ha%e herento set their respecti%e hands the
day and year first abo%e written.
*;9'?@ by the Vendor )
in the presence of:$ ) KKKKKKKKKKKKK..
4+*C' @+';?( <+,&C*
*;9'?@ by the &rchaser )
in the presence of:$ ) KKKKKKKKKK.
B+2;+/ 3;'T; 7+**;,
z/Godfrey/cp/clients/1.07.cp.002.rafiah/draftS!)