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 cheating sellar forfeit my down payment

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mIssfROGY
post Jun 10 2009, 12:36 AM

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if u didnt sign anything...i dun see y u need to pay rm4k as dep. Both of u can just walk out of the deal anytime rite? And your lawyer.....is she a lawyer or wat.....y so unpro one? Then need her for wat?

Btw, you shd have sign an agreement that if you are unable to get a loan or watsoever, u do not need to pay anything(maybe just lawyer fees), and will get back your dep.
TSlennon929
post Sep 28 2009, 12:36 PM

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until now i have ask other lawyer the meaning of earnest money some say is can be forfeit without any agreement and is a downpayment you can not get back your downpayment!. but what i know form the Wikipedia and About.com or you just Google it "Earnest deposit" meaning is not the same with some malaysia lawyer now is the web rite? or is the lawyer rite?

This post has been edited by lennon929: Sep 28 2009, 12:37 PM
wahlauyeh
post Sep 28 2009, 01:40 PM

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finding a new lawyer might be you solution as well.
R o Y
post Sep 28 2009, 02:20 PM

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QUOTE(lennon929 @ Sep 28 2009, 12:36 PM)
until now i have ask other lawyer the meaning of earnest money some say is can be forfeit without any agreement and is a downpayment you can not get back your downpayment!. but what i know form the Wikipedia  and About.com or you just Google it "Earnest deposit" meaning is not the same with some malaysia lawyer now is the web rite? or is the lawyer rite?
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When you handed over your RM4k to your lawyer, did you inform him that it was an earnest deposit for the offer to purchase?

Did you sign an "offer to purchase" form?


TSlennon929
post Sep 28 2009, 05:18 PM

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no when i give my lawyer i did not sign a offer to purchase.

R o Y
post Sep 28 2009, 11:35 PM

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QUOTE(lennon929 @ Sep 28 2009, 05:18 PM)
no when i give my lawyer i did not sign a offer to purchase.
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Do you remember exactly what you told your lawyer when you gave him the cheque then?
tatatan
post Sep 30 2009, 06:35 PM

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I am just wondering if there is no booking receipt, then TS how to apply loan?

In the offer letter, you should add in the clause mention fully refund if not able to get housing loan.

But since TS said he didnt sign anything, then this is arguable as no black and white.

TS, are you confirm do not want to buy that house anymore?
Or because you cant get the loan?

 

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