(“the vendor”) AND : HAJI MOHAMMAD HUSSIN BIN HAJI MOHSIN (“the Registered Owner”) AND : RINA ARLINA BINTI HAJI ABDULLAH (“the Purchaser”)
SALE AND PURCHASE AGREEMENT
EDR No. BD 62864 Lot No. 74023 Kampung Senkurong A, Mukim Sengkurong Brunei Muara District (formerly known as Plot A2 Forming part of and comprised in EDR No. BD 05321 Lot No. 05817 Kampung Sungai Tampoi, Mukim Sengkurong Brunei Muara District) (iii) The Vendor hereby declares and warrants that the Property is not pledged or charged to any person, bank or other financial institution as at the date of this Agreement. The Vendor undertakes not to encumber the Property during the currency of this Agreement save and except for the purposes mentioned in Paragraph (F) of the Recitals hereinabove. (iv) The Vendor hereby warrants that the Property is not the Registered Owner’s only and last landed property and the Vendor is in the capacity to sell the Property to the Purchaser. (v) The Vendor hereby warrants that it is the Registered Owner’s capacity to transfer the Property to the Purchaser. (vi) In view of Paragraph (F) hereinabove and in this connection notwithstanding the the Purchase Price has not been fully paid by the Purchaser to the Vendor, the vendor has agreed that whenever requested, the Vendor shall execute and sign and/or cause the Registered owner to execute and sign all such necessary documents in favour of MOF as security for the Loan which shall be granted to the Purchaser. 2.1 The Vendor shall sell and the Purchaser shall purchase the property for the aforesaid Purchase Price of BRUNEI DOLLARS TWO HUNDRED FORTY FIVE THOUSAND (BND245,000.00) ONLY. 2.2 Prior to the signing of this Agreement, the Purchaser has paid a sum of BRUNEI DOLLARS FIVE THOUSAND (BND5,000.00) ONLY to the Vendor, the receipt whereof the Vendor hereby acknowledges. 3.1 In compliance with the recent changes prescribed by the Land Office relating to the rules, practice and procedures for the application, approval and transfer of land, all Parties herein hereby promise, warrant and covenant to proceed hereafter according to the three (3) stages described as follows: (i) Stage 1: Application Stage Not later than ONE (1) MONTH from the date of this Agreement, the Vendor undertakes to procure and cause the Registered Owner to jointly with the Purchaser duly execute, complete and deliver the requisite transfer forms (that is, Borang Pindah Milik A and B) together with such requisite papers and instruments-in-writing and to do all acts, deeds and things as may be required by and to the Land Office by electronic transmission, o enable the latter to process the application and upon receipt(s) from Laris print-out(s), that the status of application is ‘Submitted to the Lands Department”; to be followed shortly by “completed and Received by the Lands Department” [for brevity and ease of reference, this stage shall hereinafter be referred to as “the Application Stage”];
(ii) Stage 2: Acknowledgment Stage
Upon completion of the Application Stage, or shortly thereafter, any or all Parties shall procure from the Land Office (and duly informing the other Party), as issuance of a letter or notice from the Land Office informing the Parties to attend at the land Office for execution of a Memorandum of Transfer (M.O.T.) together with the original document of title of the Property and all such requisite papers and instruments-in-writing and to do all acts, deeds and things as may be required to effect the transfer and registration of the Purchaser as the new registered owners of the Property [hereinafter referred to as “the MOT Stage”].
On the MOT stage (hereinafter referred to as “the Completion
Date”), the Purchaser shall pay to the vendor a total sum of BRUNEI DOLLARS ONE HUNDRED NINETY SIX THOUSAND (BND196,000.00) ONLY (hereinafter referred to as the “the said Part Payment”) and leaving a balance of the Purchase Price amounting to BRUNEI DOLLARS FORTY NINE THOUSAND (BND 49,000.00) ONLY (hereinafter referred to as “the Balance of the Purchase Price”). The said Part Payment shall be treated as part- payment towards the Purchase Price.