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Waivers and void options and agreements

Housing and Development (Design-Build-and-Sell Scheme — Form of Contract) Rules

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—(1) Any option to purchase a DBSS flat given by an approved developer that is not in compliance with rule 3(1) or 7 shall be void.(2) Any agreement for the sale and purchase of a DBSS flat between an approved developer and any purchaser that is not in compliance with rule 4(1) or 7 shall be void.(3) An approved developer shall not, without the prior consent in writing of the Board, seek from a purchaser of a DBSS flat —(a)any waiver of the purchaser’s rights under an agreement for the sale and purchase of the DBSS flat; or(b)any release from the performance of the approved developer’s duties and obligations under the agreement for the sale and purchase of the DBSS flat.(4) Any undertaking given by a purchaser of a DBSS flat to an approved developer which seeks to waive the purchaser’s rights or claims against the approved developer for a breach of, or to release an approved developer from the performance of, the approved developer’s duties and obligations under an agreement for the sale and purchase of the DBSS flat shall be unenforceable unless the prior consent in writing of the Board has been obtained.

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