In brief

Q. Can you terminate the SPA if the developer failed to deliver vacant possession to the buyer?

A. Yes, the Court of Appeal determined that it is only fair and just to return the parties to their former positions as if the SPAs had never been implemented. This is because for example, the SPA specified in clauses 25 and 27 that the Defendant must deliver vacant possession of the units and complete common facilities within 48 months of the SPA date. Therefore, if the developer failed to deliver vacant possession to the buyer within the time frame, it amounted to a breach of contract.

Whether the SPAS are illegal and unenforceable?

Is it true that Regulation 11(3) of the Housing Development Regulations granted the controller of housing the authority to waive or alter any provision of the SPA?