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

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keithcky
post Feb 24 2010, 11:26 AM

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QUOTE(leongal @ Feb 24 2010, 11:21 AM)
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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alright great, normally is public holiday and saturday sunday consider as part of 3+1?
TSleongal
post Feb 24 2010, 11:32 AM

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QUOTE(keithcky @ Feb 24 2010, 11:26 AM)
alright great, normally is public holiday and saturday sunday consider as part of 3+1?
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"day" includes work and non-work day

but, depending on the agreement, public holiday can or cannot be included

but my stupid lawyer and stupid seller lawyer vmad.gif say it include public holidays despite there: "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" vmad.gif which i am arguing with them
SUSlokideangelus
post Feb 24 2010, 12:56 PM

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QUOTE(leongal @ Feb 24 2010, 11:32 AM)
"day" includes work and non-work day

but, depending on the agreement, public holiday can or cannot be included

but my stupid lawyer and stupid seller lawyer  vmad.gif say it include public holidays despite there: "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"  vmad.gif which i am arguing with them
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to my understanding it should be excluding the public holidays . i think you can check out this website for more information on the laws of sale and purchase http://www.agc.gov.my/agc/index.php?option...mid=204&lang=en.

unless the snp is not the standard one which entails additional benefit then i believe the snp should be a standard one which means a 3+1 till forfeit of deposit

perhaps you should get a second opinion from another lawyer on this.

I think ur lawyer really really really bad in english or he/she is in cahoots with the seller.
TSleongal
post Feb 24 2010, 01:18 PM

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QUOTE(lokideangelus @ Feb 24 2010, 12:56 PM)
to my understanding it should be excluding the public holidays . i think you can check out this website for more information on the laws of sale and purchase http://www.agc.gov.my/agc/index.php?option...mid=204〈=en.

unless the snp is not the standard one which entails additional benefit then i believe the snp should be a standard one which means a 3+1 till forfeit of deposit

perhaps you should get a second opinion from another lawyer on this.

I think ur lawyer really really really bad in english or he/she is in cahoots with the seller.
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i got a third opinion from my uncle's lawyer on this issue but he wasn't that helpful because he knows he cant close my deal after all, i feel he "simply" say that it includes public holiday...

never mind, when it comes to late penalties, i will go to my lawyer firm personally to argue with them...
SUSlokideangelus
post Feb 24 2010, 01:28 PM

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QUOTE(leongal @ Feb 24 2010, 01:18 PM)
i got a third opinion from my uncle's lawyer on this issue but he wasn't that helpful because he knows he cant close my deal after all, i feel he "simply" say that it includes public holiday...

never mind, when it comes to late penalties, i will go to my lawyer firm personally to argue with them...
*
i suggest you complain to the bar council about your lawyer. Try to get some proper legal advice not from family member. Perhaps you can approach your bank and ask them for a referral or opinion from their panel lawyers.
TSleongal
post Feb 24 2010, 01:31 PM

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QUOTE(lokideangelus @ Feb 24 2010, 01:28 PM)
i suggest you complain to the bar council about your lawyer. Try to get some proper legal advice not from family member.  Perhaps you can approach your bank and ask them for a referral or opinion from their panel lawyers.
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i have been trying to contact my bank (OCBC), but they have been like pushing me around. I cant do nothing but just write complain letters about the panel lawyer. And, the customer service asked me to write to the loan operations department, I even cc. the copy to the headquarters, demanding them to call me, but so far, I have not heard from them - instead they sent me a letter letting me know that I need to pay fire insurance vmad.gif

I want to do something but I can't or don't know how to do it!!! It is just so frustrating
merce
post Feb 24 2010, 01:47 PM

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QUOTE(leongal @ Feb 24 2010, 01:31 PM)
i have been trying to contact my bank (OCBC), but they have been like pushing me around. I cant do nothing but just write complain letters about the panel lawyer. And, the customer service asked me to write to the loan operations department, I even cc. the copy to the headquarters, demanding them to call me, but so far, I have not heard from them - instead they sent me a letter letting me know that I need to pay fire insurance vmad.gif

I want to do something but I can't or don't know how to do it!!! It is just so frustrating
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drop me a call when u r convenient.

TSleongal
post Feb 24 2010, 03:15 PM

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QUOTE(merce @ Feb 24 2010, 01:47 PM)
drop me a call when u r convenient.
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thanks alot for your help
keithcky
post Feb 25 2010, 06:22 PM

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Managed to check my s&p and it says 3+1 includes public holiday. Well to me is fair enough. I got another loan from ocbc but everything was smooth. I wouldnt blame the bank rather than the people working there.


TSleongal
post Feb 25 2010, 06:49 PM

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QUOTE(keithcky @ Feb 25 2010, 06:22 PM)
Managed to check my s&p and it says 3+1 includes public holiday. Well to me is fair enough. I got another loan from ocbc but everything was smooth. I wouldnt blame the bank rather than the people working there.
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even though my s&p has "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"

merce, who is a bank officer in OCBC says:
QUOTE
-public holidays are not included, the clause explains the terms as it is. For your case… it was just people with bad English

noed18
post Feb 25 2010, 06:49 PM

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QUOTE(leongal @ Feb 24 2010, 01:31 PM)
i have been trying to contact my bank (OCBC), but they have been like pushing me around. I cant do nothing but just write complain letters about the panel lawyer. And, the customer service asked me to write to the loan operations department, I even cc. the copy to the headquarters, demanding them to call me, but so far, I have not heard from them - instead they sent me a letter letting me know that I need to pay fire insurance vmad.gif

I want to do something but I can't or don't know how to do it!!! It is just so frustrating
*
If you really insist and expect damn good response, complain to BNM and your bank will surely understand who they are dealing with.
SUSlokideangelus
post Feb 26 2010, 01:09 AM

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QUOTE(noed18 @ Feb 25 2010, 06:49 PM)
If you really insist and expect damn good response, complain to BNM and your bank will surely understand who they are dealing with.
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yes i agree with that but from what mercer explained its in favour to you . if im going to buy a house next time i'll look for mercer
TSleongal
post Mar 1 2010, 03:14 PM

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i want to ask: if there is already a first drawdown, then the owner cancels the deal, then, what happen to the loan? thanks
SUSlokideangelus
post Mar 1 2010, 03:56 PM

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QUOTE(leongal @ Mar 1 2010, 03:14 PM)
i want to ask: if there is already a first drawdown, then the owner cancels the deal, then, what happen to the loan? thanks
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you mean that the owner cancels the deal after the 1st payment has been made?
TSleongal
post Mar 1 2010, 04:14 PM

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QUOTE(lokideangelus @ Mar 1 2010, 03:56 PM)
you mean that the owner cancels the deal after the 1st payment has been made?
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it hasn;t happen, but just thinking the worse scenario

paid deposit + difference between outstanding and loan + first bank drawdown...

i am trying to enter an early possession with rental by the extended completion date, not sure the owner is responding, so far, hasn't respond sad.gif
mingyew
post Mar 1 2010, 04:17 PM

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Noneed to think too much gal... when the matter happen then only goto negotiate and solve it.


TSleongal
post Mar 1 2010, 04:21 PM

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QUOTE(mingyew @ Mar 1 2010, 04:17 PM)
Noneed to think too much gal...  when the matter happen then only goto negotiate and solve it.
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cry.gif i am also stressed cos my rental (for the current place i am staying) is expiring this end month

trying to take things easy.....thanks for the support

This post has been edited by leongal: Mar 1 2010, 04:21 PM
SUSlokideangelus
post Mar 1 2010, 04:22 PM

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QUOTE(leongal @ Mar 1 2010, 04:14 PM)
it hasn;t happen, but just thinking the worse scenario

paid deposit + difference between outstanding and loan + first bank drawdown...

i am trying to enter an early possession with rental by the extended completion date, not sure the owner is responding, so far, hasn't respond sad.gif
*
From my understanding when the deposit has been paid and accepted esp after the completion of the 1st draw down the owner cannot cancel the deal.

Not to sure what others know if there is any way around it. But given that he some how cancels the deal the owner has to pay you back the deposit and the owner has to pay you back double the amount paid.

this is what i know of based on my dad's experience
TSleongal
post Mar 1 2010, 04:24 PM

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QUOTE(lokideangelus @ Mar 1 2010, 04:22 PM)
From my understanding when the deposit has been paid and accepted esp after the completion of the 1st draw down the owner cannot cancel the deal.

Not to sure what others know if there is any way around it. But given that he some how cancels the deal the owner has to pay you back the deposit and the owner has to pay you back double the amount paid.

this is what i know of based on my dad's experience
*
thanks

but my case will be more than 3+1 months.....that's why the seller has "right" to cancel....but i will take it as it comes la....
mingyew
post Mar 1 2010, 05:01 PM

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What the purpose seller want to cancel?
If he really want to sell the property, sure owner can wait till finish deal.

Unless, owner get mush higher deal or greedy for the tiny deposit amount.

I think owner will understand too if the delay problem not on yours.

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