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 help...can i get my refund back?, experts...neeed ur advice here

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TSDenise_D
post Jul 19 2009, 08:39 PM, updated 17y ago

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hi all....

i got one question that i want to ask some expert ppl here. Here is the case....

i've made a booking on one unit condominium and already pay 3K as upfront payment ( the SA told me that if my loan not approved the developer will refund my 3k).

as for now...i've change my mind and i do not want to take up the loan even if the loan is approved.

question here is when my loan is approved, can i reject it? and if i can reject, can i still able to take back my 3k from sales agent. would the SA know i purposely reject the loan?

hope some experts can gib some advice on this...

thanks...

??!!
post Jul 19 2009, 09:48 PM

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Did you buy from a developer.
If you have receipt issued from developer, go and tell them directly that you have changed your mind about buying.
Since you only paid part payment, I am assuming the SPA is not signed yet.
If developer wants ti forfeit your money, speak to a senior official, let them know that you are aware that developers are not allowed to collect any form of payment less than 10% and not sign SPA. Most developers will not want the hassle of explaining things to Ministry of Housing.

Good luck!
asiatrader98
post Jul 20 2009, 03:48 PM

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how about in the process of signing the SPA, the seller (subsales) first add 1 mth free rental (the terms & conditions which did not mentioned in the letter offer) , from 3+1 to 4+1 to deliver vacant possession, then later 5 + 1.......so & so.............assuming anything related to the procudere in the process is ok...........just because of her interest (to save the rental or interest with bank) before move to her new house(need ronovation).....

buyer have paid 2% booking fee & 8% remaining balance as downpyment and have signed SPA , but seller not yet sign SPA & deposited the 8% (cheque have issued out to her) until i agree that unfair requirement...& her lawyer delay the SPA about 2 weeks already.............

Q1, how long can the SPA......to be signed for the seller.........no datelinefor her to sign the SPAsince it is already 21 days after paying 2% booking fee?

Q2, can I get back my 2% if I reject the terms mentioned above but the letter offer only mentioned 2% refund only when loan rejected by bank or landord reject to sell....... cry.gif

Q3. can I claim the lawyer fee for her which i have paid to the lawyer

TQ

This post has been edited by asiatrader98: Jul 20 2009, 05:12 PM
HappyGuy
post Jul 20 2009, 04:17 PM

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QUOTE(Denise_D @ Jul 19 2009, 08:39 PM)
hi all....

i got one question that i want to ask some expert ppl here. Here is the case....

i've made a booking on one unit condominium and already pay 3K as upfront payment ( the SA told me that if my loan not approved the developer will refund my 3k).

as for now...i've change my mind and i do not want to take up the loan even if the loan is approved.

question here is when my loan is approved, can i reject it? and if i can reject, can i still able to take back my 3k from sales agent. would the SA know i purposely reject the loan?

hope some experts can gib some advice on this...

thanks...
*
Talk to your banker and ask them to help to reject your loan. I was told they have their way to make your loan rejected. Good luck tongue.gif
pilotHans
post Jul 20 2009, 04:31 PM

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QUOTE(HappyGuy @ Jul 20 2009, 04:17 PM)
Talk to your banker and ask them to help to reject your loan. I was told they have their way to make your loan rejected. Good luck  tongue.gif
*
thumbup.gif ive did this once before biggrin.gif
asiatrader98
post Jul 20 2009, 05:14 PM

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QUOTE(asiatrader98 @ Jul 20 2009, 03:48 PM)
how about in the process of signing the SPA, the seller (subsales) first add 1 mth free rental (the terms & conditions which did not mentioned in the letter offer) , from 3+1 to 4+1 to deliver vacant possession, then later 5 + 1.......so & so.............assuming anything related to the procudere in the process is ok...........just because of her interest (to save the rental or interest with bank) before move to her new house(need ronovation).....

buyer have paid 2% booking fee & 8% remaining balance as downpyment and have signed SPA , but seller not yet sign SPA & deposited the 8% (cheque have issued out to her) until i agree that unfair requirement...& her lawyer delay the SPA about 2 weeks already.............

Q1, how long can the SPA......to be signed for the seller.........no datelinefor her to sign the SPAsince it is already 21 days after paying 2% booking fee?

Q2, can I get back my 2% if I reject the terms mentioned above but the letter offer only mentioned 2% refund only when loan rejected by bank or landord reject to sell....... cry.gif

Q3. can I claim the lawyer fee for her which i have paid to the lawyer

TQ
*
how about my case.....loan already approval.....can give me some guide?

This post has been edited by asiatrader98: Jul 20 2009, 05:14 PM
Walbur
post Jul 21 2009, 10:18 AM

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I done it before, just give a call to your developer, and told them you did not get your loan from several banks, they will refund it to you by send you a cheque. they(developer) won't know ur loan is rejected or approved.

btw, do not tell your bank reject ur loan - it will appear to your CCRIS report.
nyijin
post Feb 4 2010, 10:48 PM

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Hi all, please advice. Thanks.
I had pay the deposit of 5k and now i change my mind don't want that house. The agent told me that if my loan is rejected, the house owner only pay me back 4k deposit. But the problem now is the agent want see the reject letter, how can i make my loan rejected so that i can get back my money?
vdfoo
post Feb 4 2010, 10:57 PM

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QUOTE(nyijin @ Feb 4 2010, 10:48 PM)
Hi all, please advice. Thanks.
I had pay the deposit of 5k and now i change my mind don't want that house. The agent told me that if my loan is rejected, the house owner only pay me back 4k deposit. But the problem now is the agent want see the reject letter, how can i make my loan rejected so that i can get back my money?
*
thanks for asking this, same query here - i have a SA which is also friend with the banker (the panel bank)

This post has been edited by vdfoo: Feb 4 2010, 10:59 PM
leongal
post Feb 4 2010, 11:09 PM

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QUOTE(nyijin @ Feb 4 2010, 10:48 PM)
Hi all, please advice. Thanks.
I had pay the deposit of 5k and now i change my mind don't want that house. The agent told me that if my loan is rejected, the house owner only pay me back 4k deposit. But the problem now is the agent want see the reject letter, how can i make my loan rejected so that i can get back my money?
*
so good for the owner to put a clause that booking fee is refundable if the loan is rejected....but i think you are "cheating" if you want to make your loan get rejected to get back your money.....

anyway, you submitted full documentation already? if so, nothing you can do...

innocent.gif remember "karma"
Daryl Teo
post Feb 4 2010, 11:25 PM

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If u're buying thru an agent on subsale, normally your earnest deposit is non refundable unless otherwise stipulated earlier when both seller & buyer had agreed to refund the money should u not obtain a loan or valuation fails. Normally most owners would be adamant to agree to such clause as they would have bound themselves to the sale & had to forego other offers. But in your case if verbally or as stipulated in your letter of offer that a refund is in order should u not obtain a loan, then u should in all diligence try to abide by those terms to secure the refund. Call up your loan officer whom u applied with & disclose your predicament, hopefully he'll help out. But banks are also sometimes reluctant to get involved in your private treaties & as such would refuse help, u may insist your rights to a letter since u've applied for a loan, so it all depends on your personal clout & persuasive powers with all parties concerned. If all else fails, u could at least try to ask your banker to vouchsafe for u verbally that u were unable to obtain a loan on good will basis.

Apologies for the long winded reply but my fingers have a mind all its own! Stop! Stop! tongue.gif
nyijin
post Feb 4 2010, 11:35 PM

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I not yet submit all the document.
I want my mind don't to buy that house is because due to some financial issue, i not able to take out the 10% down payment and the S&P fees. From my income, i think i still qualify for the loan. Just want think of the way make the reject so that i can get back the 4k only.
It is any impact if the bank reject the loan if future i would like to apply the loan.
Please help. Thanks.

This post has been edited by nyijin: Feb 4 2010, 11:41 PM
leongal
post Feb 5 2010, 12:13 AM

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QUOTE(nyijin @ Feb 4 2010, 11:35 PM)
I not yet submit all the document.
I want my mind don't to buy that house is because due to some financial issue, i not able to take out the 10% down payment and the S&P fees. From my income, i think i still qualify for the loan. Just want think of the way make the reject so that i can get back the 4k only.
It is any impact if the bank reject the loan if future i would like to apply the loan.
Please help. Thanks.
*
if not yet submit, then submit incomplete one lor...
nyijin
post Feb 5 2010, 08:40 AM

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QUOTE(leongal @ Feb 5 2010, 12:13 AM)
if not yet submit, then submit incomplete one lor...
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Sorry this is my first time applying loan, a lot thing don't know.
what u mean submit incomplete document? Please give some example or not. Thanks.
zopu
post Feb 5 2010, 09:25 AM

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QUOTE(Walbur @ Jul 21 2009, 10:18 AM)
btw, do not tell your bank reject ur loan - it will appear to your CCRIS report.
*
Can explain why can't tell banker to reject our loan? what is CCRIS report?
With this CCRIS report, what is the impact if we apply the housing loan in future? (eg: 1-2 years re-apply the housing loan)
outdoor_active
post Mar 8 2010, 11:22 PM

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QUOTE(Denise_D @ Jul 19 2009, 08:39 PM)
hi all....

i got one question that i want to ask some expert ppl here. Here is the case....

i've made a booking on one unit condominium and already pay 3K as upfront payment ( the SA told me that if my loan not approved the developer will refund my 3k).

as for now...i've change my mind and i do not want to take up the loan even if the loan is approved.

question here is when my loan is approved, can i reject it? and if i can reject, can i still able to take back my 3k from sales agent. would the SA know i purposely reject the loan?

hope some experts can gib some advice on this...

thanks...
*
In this case usually you cant get back 100% of your earnest money (RM3k) maybe you can get back only 80% or 90% (usually they will charged you few hundred for admin fees) of your money depend how you deal with the SA. If SA not even want to give you any money back, try to file it to tribunal court. Btw did you sign the S&P agreement?

don't worry about your loan as long you still not yet sign the letter offer from the bank they wont continue with the loan agreement.You just inform the bank you cancel of buying the house. good luck

This post has been edited by outdoor_active: Mar 8 2010, 11:23 PM
Kilohertz
post Apr 14 2015, 04:21 PM

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I'm actually in the same situation now, I've paid a booking fee and changed my mind. SA told me that if I would like to cancel my booking, it's only 80% refund. I have not submit any loan application yet actually and I have an official receipt from the developer.. is it possible to get back my 100% refund?
R o Y
post Apr 14 2015, 04:35 PM

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QUOTE(Kilohertz @ Apr 14 2015, 04:21 PM)
I'm actually in the same situation now, I've paid a booking fee and changed my mind. SA told me that if I would like to cancel my booking, it's only 80% refund. I have not submit any loan application yet actually and I have an official receipt from the developer.. is it possible to get back my 100% refund?
*
Firstly, is this a residential unit developed under the Housing Development Act?

Kilohertz
post Apr 14 2015, 04:47 PM

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QUOTE(R o Y @ Apr 14 2015, 04:35 PM)
Firstly, is this a residential unit developed under the Housing Development Act?
*
I guess it is, saw this from epbt site -

Kategori Projek: A - Projek Biasa
Jenis Pemajuan: A - Perumahan

This post has been edited by Kilohertz: Apr 14 2015, 04:49 PM
ahdar
post Apr 14 2015, 05:39 PM

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Sometime they will charge you rm500 admin fee if you cancel the deal, depend on developer
Kilohertz
post Apr 15 2015, 07:19 AM

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QUOTE(ahdar @ Apr 14 2015, 05:39 PM)
Sometime they will charge you rm500 admin fee if you cancel the deal, depend on developer
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So most likely it's impossible to get back 100% refund eh? sad.gif
StanK
post Apr 15 2015, 08:04 AM

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1. Write in a letter politely requesting the developer to refund your booking fee.

2. If above fail, you can go for option a or b as described below:

a. you can file a claim at Tribunal for Homebuyer Claims which costs you RM10.00.

b. engage a lawyer to write in a letter of demand which only costs you a few hundred ringgit.

QUOTE
Collection of any payment by a housing developer before the signing of the SPA is an offence. This is very clear under the Housing Regulations and it does not matter what the developer calls it.

The Housing Regulation 11(2) stated: “No housing developer shall collect any payment by whatever name called except as prescribed by the contract of sale”. (In this context’ contract of sale means the SPA)

Reference
http://www.thestar.com.my/Business/Busines...-fee/?style=biz

This post has been edited by StanK: Apr 15 2015, 08:17 AM
Kilohertz
post Apr 15 2015, 02:09 PM

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QUOTE(StanK @ Apr 15 2015, 08:04 AM)
1. Write in a letter politely requesting the developer  to refund your booking fee.

2. If above fail, you can go for option a or b as described below:

a.  you can file a claim at Tribunal for Homebuyer Claims which costs you RM10.00.

b. engage a lawyer to write in a letter of demand which only costs you a few hundred ringgit.
Reference
http://www.thestar.com.my/Business/Busines...-fee/?style=biz
*
Ok thanks, will give it a shot.
SUSjolokia
post Apr 15 2015, 02:21 PM

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QUOTE(Kilohertz @ Apr 14 2015, 04:21 PM)
I'm actually in the same situation now, I've paid a booking fee and changed my mind. SA told me that if I would like to cancel my booking, it's only 80% refund. I have not submit any loan application yet actually and I have an official receipt from the developer.. is it possible to get back my 100% refund?
*
100% impossible

You should see the written rules before paying the deposit.

Normally prior to signing SnP developer will charge a admin fees (this depends on developer), after signing SnP says bye2 to your deposit.

Why you go do the booking knowing you have no intention to buy ? isn't this is distorting those who wanna buy ? or you intend to sell the booking to other at a "fees" cool2.gif

This post has been edited by jolokia: Apr 15 2015, 02:22 PM
Kilohertz
post Apr 15 2015, 03:05 PM

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QUOTE(jolokia @ Apr 15 2015, 02:21 PM)
100% impossible

You should see the written rules before paying the deposit.

Normally prior to signing SnP developer will charge a admin fees (this depends on developer), after signing SnP says bye2 to your deposit.

Why you go do the booking knowing you have no intention to buy ? isn't this is distorting those who wanna buy ? or you intend to sell the booking to other at a "fees"  cool2.gif
*
Nope my intention was to buy but it was a "book-without-thinking" moment and I changed my mind after thinking thoroughly after the booking.
StanK
post Apr 15 2015, 10:37 PM

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I'd managed to get 100% refund after write in a letter to developer even thought the booking receipt did state that not refundable. So no harm to try. icon_rolleyes.gif

This post has been edited by StanK: Apr 15 2015, 10:42 PM
Kilohertz
post Sep 14 2015, 08:59 AM

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Just to update - for those who are in the same dilemma, it's possible to get back your refund if wish to cancel it. I managed to get back my refund! smile.gif
cdspins
post Sep 17 2015, 09:51 AM

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QUOTE(Kilohertz @ Sep 14 2015, 08:59 AM)
Just to update - for those who are in the same dilemma, it's possible to get back your refund if wish to cancel it. I managed to get back my refund! smile.gif
*
Good to hear that you get back full refund. This should be the case for all the booking charges There shouldn't be any penalty before SnP rclxms.gif
Mind to share the developer's name?
beetch
post Nov 17 2015, 02:55 PM

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Anyone know about 2nd hand property? paid 20k to agent and agent release to owner already. is it possible to get back the deposit if not interested with the unit already?
askm3
post Nov 18 2015, 04:50 PM

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of course 100% refund.

unless you go sign s&p before loan approve.

loan reject letter, admin fees, etc etc are nonsense.
ice-green-tea
post Nov 26 2015, 02:27 PM

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If for pre-launch project, paid booking, loan approved (yet to sign letter offer)

IF after i sign the LO, few months later i found some other better property. Can i still cancel the loan and booking before signing SnP?

Will it leave a bad record in bank?
Kilohertz
post Jul 8 2016, 03:05 PM

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QUOTE(ice-green-tea @ Nov 26 2015, 02:27 PM)
If for pre-launch project, paid booking, loan approved (yet to sign letter offer)

IF after i sign the LO, few months later i found some other better property. Can i still cancel the loan and booking before signing SnP?

Will it leave a bad record in bank?
*
I think you will need to talk to banker, since it has been few months. What was the outcome? Did you managed to cancel the loan upon approval?
Kilohertz
post Jul 8 2016, 03:06 PM

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QUOTE(cdspins @ Sep 17 2015, 09:51 AM)
Good to hear that you get back full refund. This should be the case for all the booking charges There shouldn't be any penalty before SnP  rclxms.gif
Mind to share the developer's name?
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It goes by the "A K" initial tongue.gif
wan2juice
post Jul 9 2016, 11:30 AM

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QUOTE(StanK @ Apr 15 2015, 10:37 PM)
I'd managed to get 100% refund after write in a letter to developer even thought the booking receipt did state that not refundable. So no harm to try. icon_rolleyes.gif
*
Hi there, how did you write your letter?
I myself and my brother got same issue.

Me:
I booked a unit > loan approved > i decided give up the unit due to certain reason
I called up agent, and agent told me NO refund because my loan is approved.
I argued with agent, only one bank approved my loan, what if i get some other banks' rejection letter, can i get back my booking fees? she gave me a big NO! She said even I applied 100 banks, as long as one bank approved, no refund can be made. What the hell?

My brother:
He booked a unit > loan neither approved nor reject > bankers said his case cant even key in to system because based on their first checking already know cannot pass > unless get someone joint name.
My brother has nobody to joint name, so decided to cancel the booking.
He is requested to provide bank rejection letter, but he just cant get any.

Please, anyone can help us?
Thanks very much.
peri peri
post Aug 9 2016, 11:08 AM

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even reputable developer like eco world also no 100% refund. must think properly before place unit for booking
peri peri
post Aug 9 2016, 11:09 AM

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QUOTE(wan2juice @ Jul 9 2016, 11:30 AM)
Hi there, how did you write your letter?
I myself and my brother got same issue.

Me:
I booked a unit > loan approved > i decided give up the unit due to certain reason
I called up agent, and agent told me NO refund because my loan is approved.
I argued with agent, only one bank approved my loan, what if i get some other banks' rejection letter, can i get back my booking fees? she gave me a big NO! She said even I applied 100 banks, as long as one bank approved, no refund can be made. What the hell?

My brother:
He booked a unit > loan neither approved nor reject > bankers said his case cant even key in to system because based on their first checking already know cannot pass > unless get someone joint name.
My brother has nobody to joint name, so decided to cancel the booking.
He is requested to provide bank rejection letter, but he just cant get any.

Please, anyone can help us?
Thanks very much.
*
call developer and check. agent not representating developer

 

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