I studied Law Of Contract & Law Of Tort, etc... part of the things I have to study in the course of my work...there was this phrase I would remember by heart " there is no truth in advertising"....what was it again.." an invitation to purchase..something like that"...the buyers should know best , right?
Caveat emptor..right? the buyers must be darn stupid.....
Its not a case of caveat emptor. This is an example of how in cahoots the developers are with the BCA, URA and other govt. regulatory bodies. In this case, I actually believe this buyer has a legal point. But this is singapore. The more politically connected will win in the kangaroo court of law. In this issue, BCA is at fault too. When the controller of housing tries to mediate between the residents and the developer, it means that the Controller aka BCA has fucked up in approving the changes, and then not following up to make sure the amendments were build according to the amended plans.
Some of the salient points I noticed:
- The aussie idiot investment banker relied on the sales brochure and the pictures of the infinity pool to justify his purchase of his penthouse unit. Actually, he should not do this, as the sales brochure always has some caveats and outs in it, along the lines of "actual finished product may not be what is represented in the brochure". Or 'For illustration purposes only".
- Instead, he should have relied on his S & P agreement. His whole unit should have been spec out in the S & P, and a plan of the unit included. It should have shown the exact location and size of his swimming pool. In his case, there was a wall with a glass panel blocking the view of the sea. Was this in the specifications that he received with his S & P? If it was, then he was at fault for not noting it and going ahead with the purchase. He should have questioned the sales agent 'How can I see the fucking sea with this wall blocking my view".
- BCA said that the developer send in amended plans and the plans were approved and the building constructed based on these plans. If these plans eliminated a bay window and replaced it with a blank wall, or in this case, surrounded the infinity pool with a wall and glass window, the developer has to notify the buyer that these changes were made. In fact, if they did not put in some common amenities as mentioned in the article, the developer is also required to inform all the buyers. The buyers have 21 days to object if not, the developer will take it as acceptance and proceed with the changes. So in this case, was the aussie banker informed? And if so, why did he not object? I cannot believe that no buyers objected to this changes. Since the article did not mention the objections, did the developer actually notify the buyers? If not, they have violated the Housing Developers Act.
- I find that if the developer did notify the buyers of the changes, the buyers would have filed an objection. Perhaps they did not and BCA when ahead and approved the changes and issued the TOP when it was complete. BCA should have asked for proof that the notifications were send out. they cannot just suka suka approve any amendments to the plans if there is a rash of objections on the amendments. To do so would be to ignore their own regulations. But if they are in bed with the developers, this would be SOP to just rubber stamp any amendments the developer wants, regardless of how it impacts the buyers. One thing that developers do is that they never do an amendment for the benefit of the buyer. Its always for their own benefit. Maybe they figured out some feature was too costly and they wanted to change the plans accordingly. But its BCA's job to protect the public consumer and i see in this case they have fallen on the job.
Just my 2 sens worth.
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