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 Have you experience seller cancelling deal?, after 3+1 months

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TSleongal
post Feb 11 2010, 05:31 PM, updated 16y ago

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cry.gif I am worried now that the seller may want to cancel the deal after the 3+1 months. We are entering into the 3rd month now, and bank is about to make first drawdown; some delay due to typo error from the seller's lawyer - this week just wasted!!!

And the seller mentioned in the email
QUOTE
Hoping the redemption cheque will be in time for the final redemption date.
seems like giving me a "warning" that it has to be completed by then - which is mid March

what should i do? shoe polish the seller? cry.gif
yewkhuay
post Feb 11 2010, 06:06 PM

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if seller cancel have to return ur deposit n extra, pls refer to the SnP. unless u really love the unit, if not then take the money n shop again...
TSleongal
post Feb 11 2010, 06:09 PM

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QUOTE(yewkhuay @ Feb 11 2010, 06:06 PM)
if seller cancel have to return ur deposit n extra, pls refer to the SnP. unless u really love the unit, if not then take the money n shop again...
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after the 3+1 months period, seller can call off the deal and take the deposits cry.gif
SeaMonster
post Feb 11 2010, 09:48 PM

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Try Discuss With The Seller. Some Seller Are Nice To Negociate 1 smile.gif


Added on February 11, 2010, 9:49 pm* Not Mean To Shoe Polist K ?



This post has been edited by SeaMonster: Feb 11 2010, 09:49 PM
TSleongal
post Feb 11 2010, 10:37 PM

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QUOTE(SeaMonster @ Feb 11 2010, 09:48 PM)
Try Discuss With The Seller. Some Seller Are Nice To Negociate 1 smile.gif


Added on February 11, 2010, 9:49 pm* Not Mean To Shoe Polist K ?
*
cry.gif trying already, even ask her out to talk face-to-face to discuss penalties and whatsover, oso wanted to discuss about early possession with rental, she doesn't seem interested - but maybe cos of the long weekend
Cannot Tahan
post Feb 11 2010, 10:53 PM

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QUOTE(leongal @ Feb 11 2010, 05:31 PM)
cry.gif I am worried now that the seller may want to cancel the deal after the 3+1 months. We are entering into the 3rd month now, and bank is about to make first drawdown; some delay due to typo error from the seller's lawyer - this week just wasted!!!

And the seller mentioned in the email  seems like giving me a "warning" that it has to be completed by then - which is mid March

what should i do? shoe polish the seller? cry.gif
*
Read ur SPA.

3 + 1 is subject tp conditions, the delay caused by the vendor must be excluded.

Dont u have a lawyer?
TSleongal
post Feb 11 2010, 11:13 PM

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QUOTE(Cannot Tahan @ Feb 11 2010, 10:53 PM)
Read ur SPA.

3 + 1 is subject tp conditions, the delay caused by the vendor must be excluded.

Dont u have a lawyer?
*
Yah, I have a lawyer, but stupid lawyer vmad.gif inconsistent, one day one thing

Then my lawyer even say that 120 days include public holidays, even though got this statement in the agreement

“Where an act is required to be done within a specified number of days after or from a specified date, the period is inclusive of and begins to run from the date so specified but shall be excluding public holidays.”

cry.gif I am so confused by the lawyer....
zeese
post Feb 12 2010, 08:52 AM

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I read in different forum.. a seller is ranting and asking question on how he can cancel the deal because he hasn't received money after 3+1.. and this seller also mention, among other things, about typo error in seller's lawyer documentation..

It seems like this is your case.

Anyway, sometimes it depends on luck when buying a property. Some seller/buyer are nice and can easily negotiate.. some are the other way around.


dvinez
post Feb 12 2010, 05:17 PM

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QUOTE(leongal @ Feb 11 2010, 05:31 PM)
:some delay due to typo error from the seller's lawyer
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common excuse sis ! anyway he wont cancel because he make profit by selling you..if find buyer again waste time & money..
airline
post Feb 13 2010, 10:43 AM

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u just pay interest after 3+ 1 lo.
Cannot Tahan
post Feb 13 2010, 03:06 PM

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QUOTE(dvinez @ Feb 12 2010, 05:17 PM)
common excuse sis ! anyway he wont cancel because he make profit  by selling you..if find buyer again waste time & money..
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I would love to terminate after 3 + 1 coz i could forfeit the 10% and sell to another buyer.


Added on February 13, 2010, 3:08 pm
QUOTE(airline @ Feb 13 2010, 10:43 AM)
u just pay interest after 3+ 1 lo.
*
First 3 months = As of right

+ 1 month = 8% per annum

the 5th moth = Vendor can terminate and forfeit.


Honestly, better being non advice rather than being ill advised.



This post has been edited by Cannot Tahan: Feb 13 2010, 03:08 PM
jarjar6666
post Feb 15 2010, 01:52 PM

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I think you need to calculate the days carefully. There are a lot of days is excluded from the calculation like delayed by the seller's lawyer, seller's bank or land office. My previous transaction took about a year to complete and I never pay any interest, btw the seller also a lawyer himself. Ithink you shouldn't contact the seller as much, let your lawyer talk to the seller. Your seller knows you are not clear about all those things and trying to take advantage of you.
yewkhuay
post Feb 17 2010, 02:58 AM

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QUOTE(leongal @ Feb 11 2010, 06:09 PM)
after the 3+1 months period, seller can call off the deal and take the deposits cry.gif
*
it depends what happens tht delay the 3+1months, and u said bank is about to make 1st drawn out, which means ur purchase is almost completed, i don't think the seller can cancel deal, charge interest perhaps. have u read ur SnP properly?

and if stated in SnP public holidays not counted it strictly means not counted.
tpleong
post Feb 17 2010, 08:47 AM

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QUOTE(jarjar6666 @ Feb 15 2010, 01:52 PM)
I think you need to calculate the days carefully. There are a lot of days is excluded from the calculation like delayed by the seller's lawyer, seller's bank or land office. My previous transaction took about a year to complete and I never pay any interest, btw the seller also a lawyer himself. Ithink you shouldn't contact the seller as much, let your lawyer talk to the seller. Your seller knows you are not clear about all those things and trying to take advantage of you.
*
What the above bro said is right and more accurate, take his advice rolleyes.gif

Anyway, you still have plenty of time ......first drawdown means all legal documentations are completed. smile.gif
keithcky
post Feb 24 2010, 12:02 AM

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I have same problem too. I'm the vendor, i signed the s&p with the purchaser on 31st Dec 2010. Its almost 2months now, another two months would be due on april. Is it possible for me to terminate the agreement and forfeit the 10%??
paultantk
post Feb 24 2010, 01:59 AM

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your S&P lawyer should advice you on this. the house i just bought, previously the vendor already makan 20% because two buyers could not obtain loan!

This post has been edited by paultantk: Feb 24 2010, 02:00 AM
paige.pc
post Feb 24 2010, 09:11 AM

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Cases due to longer period taken
Your lawyer before hand should have get an approval from the seller's lawyer side on the longer period taken ( on behalf of the seller )
zuiko407
post Feb 24 2010, 09:16 AM

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QUOTE(keithcky @ Feb 24 2010, 12:02 AM)
I have same problem too. I'm the vendor, i signed the s&p with the purchaser on 31st Dec 2010. Its almost 2months now, another two months would be due on april. Is it possible for me to terminate the agreement and forfeit the 10%??
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the 3 + 1 not counted from the s&p date, yours is leasehold or freehold property?

keithcky
post Feb 24 2010, 11:17 AM

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Mine is freehold. I did not engage any lawyer because all these while i never use lawyer when sell. The lawyer told me that the purchaser have not even obtain any loan yet.
TSleongal
post Feb 24 2010, 11:21 AM

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QUOTE(keithcky @ Feb 24 2010, 11:17 AM)
Mine is freehold. I did not engage any lawyer because all these while i never use lawyer when sell. The lawyer told me that the purchaser have not even obtain any loan yet.
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i think if never obtain loan and the buyer never take any action, only after 3+1 months can forfeit the deposit

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