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Case Studies

Flat-seller Died
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Flat-seller's death does not nullify sale contract
(ST. Dec Reply by HDB Legal Officer)
I refer to teh letter "Couple in a fix over purchase of HDB flat" by Mr Goh Eng Swee (ST Dec 28).
Mr Goh and his wife were in the process of purchasing a resale HDB flat. Before the resale could be completed, the owner died.
The legal position as stated in Mr Goh's letter is correct. As with private property sale and prchase transactions, the sale and purchase of HDB resale flats cannot be completed if the seller dies before the transaction is completed.
The contrct for sale and purchase is, however, still valid and is not nullified by the death of the seller. The buyers, therefore, cannot rescind the contract unilaterally without being in breach thereof.
The sale and purchase transaction cannot be completed until the Grant of Letters of Administration is extracted.
We understand the difficulties faced by Mr Goh. If he has further enquiry, he may contact our Senior Legal Officer, Miss Grace Lim.
Ag Chief Legal Officer
Housing and Development Board.

1) If seller is sick, very old or handicapped, it is safer to arrange for Power Of Athorney before selling the house.

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