买卖交易完成后，转售组屋单位发现缺陷的投诉

66 严燕松（阿裕尼集选区议员）先生询问国家发展部长：

(a) 过去五年，建屋局接获多少宗投诉，指转售组屋在完成买卖交易后发现缺陷，且这些缺陷事前并未知会潜在买家？

(b) 组屋卖家是否有责任向潜在买家披露严重缺陷？

(c) 如交易完成前未被告知此类缺陷，买家可以采取什么补救措施？

李智陞（国家发展部长）先生：建屋局（HDB）并没有追踪交易完成后所接获有关组屋转售单位发现缺陷的投诉数量。组屋转售交易和私人物业转售交易一样，均以”买者自负“原则为前提。这意味着此类交易是基于现状进行的。

潜在买家应在购买前检查该单位。如果潜在买家在检查过程中发现任何缺陷并就此向卖家提出质询，卖家必须如实回答买家的问题。如果卖家拒绝提供所需信息，买家应决定是继续购买还是放弃并另觅新居。如果卖家故意向买家提供虚假信息，则可能要承担虚假陈述的责任。如果买家能够证明自己是被虚假信息误导而购买，则可以解除合同。我们鼓励买家在遇到这种情况时寻求独立的法律意见。

在转售交易完成之前，建屋局将进行检查。检查的目的是查看组屋单位中是否存在未经许可的装修工程，这些工程可能会损坏或影响组屋或建筑物的结构稳定性。如果在检查过程中发现此类违建或结构改动，则必须在完成转售交易前予以规范。

在转售交易完成前，买卖双方必须安排对单位进行最终检查，以确保卖方能在交易完成日期前交出单位。由于双方届时已签订具有约束力的法律合同，他们需要解决双方之间的任何争议。

建议组屋转售的买家在承诺购买之前，检查所购单位的状况直到满意。如果他们认为有必要，可以考虑聘请合格的专业人士（如建筑测量师）来帮助检查。

COMPLAINTS ABOUT DEFECTS FOUND IN HDB RESALE FLATS AFTER COMPLETION OF SALE AND PURCHASE TRANSACTION

66 Mr Gerald Giam Yean Song asked the Minister for National Development (a) in the past five years, how many complaints did HDB receive about defects found in HDB resale flats after the completion of the sale and purchase transaction where the defects were not previously brought to the attention of the prospective buyer; (b) whether sellers of HDB flats are obliged to disclose serious defects to prospective buyers; and (c) what recourse is available to buyers who were previously not informed of such defects before the completion of the transaction.

Mr Desmond Lee: The Housing and Development Board (HDB) does not track the number of complaints received about defects found in HDB resale flats after the transaction is completed. The sale and purchase of an HDB resale flat, as well as private property resale transactions, are premised on the caveat emptor principle. This means that such transactions are based on as-is condition.

Prospective buyers should inspect the flat before purchase. If prospective buyers spot any defects during their checks and question the sellers on it, the sellers must answer the buyers’ questions truthfully. If the sellers refuse to provide the required information, buyers should then decide whether to continue with the purchase or to walk away and find another flat. If a seller provides false information to the buyers on purpose, he may be liable for misrepresentation. The buyer may rescind his contract, if he can prove that he was misled into buying the flat based on the false information provided. We encourage buyers to seek independent legal advice if they find themselves in this situation.

Before the resale transaction is completed, HDB will conduct an inspection. The purpose of this inspection is to check for unauthorised renovation works in the flat which could damage or affect the structural stability of the flat or building. If such unauthorised works or structural alterations are discovered during the inspections, they must be regularised before the resale transaction can be completed.

Both seller and buyer must arrange for a final inspection of the flat before resale completion, to ensure that the seller can deliver vacant possession of the flat by the completion date. As both parties would have entered into a binding legal contract by then, they need to resolve any disputes between them.

Buyers of HDB resale flats are advised to inspect and be satisfied with the condition of the flats that they are purchasing, before committing to the purchase. They may consider engaging a qualified professional, such as a building surveyor, to help with the checks if they find it necessary.