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 how to make the vendor refund the earnst money, Issue with Vendor

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TSyahiko
post Jun 3 2010, 08:17 AM, updated 16y ago

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This apartment i like it so much and decide to buy it. dealing direct with owner..
with the help of my lawyer we sign the OPTION stated there if any parties unable to execute the S&P process, the earnest money shall be refund. And we need the date for the OPTION is until June 4.

Story began.. I apply 5 bank.. 2 bank reject me( developer issue and my salary issue) . 1 Bank doesn't want to submit the application for me due to the developer issue.. 3 more bank unable to loan me 90%.

my lawyer found out for me that the developer have issue.. ( bad one)
so until now 2 bank and 1 lawyer told me that developer issue.. so Im have no more confident to buy that property anymore. so i call up and sms and email the vendor about cancellation and ask for my money to return..

He deny say developer got problem, accused me say Im not fair to him. i apply 5 bank and he say I not put effort to buy this house.. i even waste the background check the developer when the banker told me the news..

I even call up the management office ( the number is provide by the vendor itself) and they also say they are looking for the developer..

after all these issue he still dowan to return my earnest money.. I call him 3 times and yesterday he say wanted to discuss with his family about it..

what should i do? cry.gif
Pai
post Jun 3 2010, 10:05 AM

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From: 1Malaysia



Think this one is a gone case already. Im siding with the vendor on this one as :

1. Buyer didnt do a proper check on dev background prior placement of earnest deposit.

2. Buyer did get at least one loan approved. Whether its 90% or 10% financing, its still approved.

Sorry............................. tongue.gif
alfred liew
post Jun 3 2010, 10:22 AM

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Joined: Oct 2004


QUOTE(yahiko @ Jun 3 2010, 08:17 AM)
This apartment i like it so much and decide to buy it. dealing direct with owner..
with the help of my lawyer we sign the OPTION stated there if any parties unable to execute the S&P process, the earnest money shall be refund. And we need the date for the OPTION is until June 4.

Story began.. I apply 5 bank.. 2 bank reject me( developer issue and my salary issue) . 1 Bank doesn't want to submit the application for me due to the developer issue.. 3 more bank unable to loan me 90%.

my lawyer found out for me that the developer have issue.. ( bad one)
so until now 2 bank and 1 lawyer told me that developer issue.. so Im have no more confident to buy that property anymore. so i call up and sms and email the vendor about cancellation and ask for my money to return..

He deny say developer got problem, accused me say Im not fair to him. i apply 5 bank and he say I not put effort to buy this house.. i even waste the background check the developer when the banker told me the news..

I even call up the management office ( the number is provide by the vendor itself) and they also say they are looking for the developer..

after all these issue he still dowan to return my earnest money.. I call him 3 times and yesterday he say wanted to discuss with his family about it..

what should i do?  cry.gif
*
Just my advice for avoiding this problem.

Putting clause on the booking form or email saying that booking fees is refundable if bank rejected 90% MOF loan and ask seller to acknowledge it.
if the bank is willing to lend you 90% MOF or more, the property is less likely to have any problem.


i think it is not easy to get back your money

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