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Financial deposit got stuck for buying condominium, how to get it back?

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Pai
post Jun 18 2010, 10:19 AM

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In a subsale deal, EVERYTHING is negotiable. Just be calm, polite and explain to the vendor nicely your current predicament. So if he refuses to return you back the deposit, why not nego an early VP upon signing loan LO?

That way, everybody wins........... wink.gif
Pai
post Jun 18 2010, 12:01 PM

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QUOTE(noed18 @ Jun 18 2010, 11:33 AM)
If the property is currently empty, it makes even more sense that the owner can release it early to you, maybe with you paying a nominal small sum as token for rental while he takes his time to do his transfer of title. VP also carries the meaning of handing over the unit, not just making sure it's not being occupied.

Usually when the unit is tenanted, the vendor/seller may take his own sweet time to do the transfer, while he is still collecting rentals during the delays.

If the unit is empty, the vendor/seller should be in a more sense of urgency because the sooner he can complete the transaction, the sooner he can get his money from the disposal of his property.
So, what Pai has suggested is that you may nego nicely with the vendor to release the unit early to you, so that you can start occupying the unit while waiting, then it's a win-win situation where you will get your unit while vendor continue doing the transfer.

Any refund at this stage, both parties will incur friction cost (legal fees, penalty of exit etc), you wont be getting full 10% anyway. Since you bought the place 6 months ago, surely the entry price you wont be able to get at today's market (assuming it's a good buy), then why not just stick to the waiting if still unable to nego for an early release. Unless it's really a terrible mistake walking into buaya mouth when you bought this unit, then you may want to muscle your way out, but i highly doubt so.

It's OK to be eager and excited to get your first unit handover asap, but it's also entirely OK to wait slightly longer for your first unit to deliver safely to your hand, be it 6mths, 9 mths or a year. As long as it's a good buy, you win, just a slightly longer waiting only.

p.s. my first unit took 9 months for a freehold unit, and I am superbly happy and glad that I waited for the whole transaction to pull thru. =) Property investment, patient gets you a long long way. cheers
*
Well said Noed. wink.gif


Added on June 18, 2010, 12:04 pm
QUOTE(leongal @ Jun 18 2010, 11:57 AM)
based on my experience, it is not easy to nego...especially if your seller is a "professional"...and it still haunts me sweat.gif
*
better start learning now than never nod.gif


This post has been edited by Pai: Jun 18 2010, 12:04 PM
Pai
post Jun 18 2010, 12:21 PM

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QUOTE(jasonlim @ Jun 18 2010, 12:06 PM)
he actually offered me to move in while waiting for the ownership transfer

i m looking to move in my new place by this year..even if he allow me to move in early, i still need to do renovation and some touch up..so if after like 6-9 months, then only i found out transfer of ownership still cannot be done..i will lose my money for refurbish the house..somemore there is large amount of legal fee i need to pay upon signing the S&P..who is going to cover all this cost?

i don't know whether i m walking into the buaya mouth or not..i hope i m not sweat.gif

i see alot of uncertainty here..
is the seller who offered me VP
*
Then no issues lah, just move in 1st then after everything is settled u can start reno'ing. He seems to be a genuine seller if u ask me.......... and he's taking the risk by allowing u to have an early VP. He only get 10% but now you can alredy stay in his house. You can damage his house while staying there (he has greater risk than u leh? ) but he allows this anyway as he understands your predicament n looking for ways to help you out in a way.

Good luck wink.gif


Pai
post Jun 18 2010, 03:40 PM

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QUOTE(jasonlim @ Jun 18 2010, 01:47 PM)
but if he is still the owner he can chase me out anytime sweat.gif
*
my point is, it is his ABSOLUTE discretion to only pass you the keys upon full disbursement, but he was kind enough to give you early VP and undertook unnecessary risk to accomodate to your request.

Plus, if he has intentions to chase you out or to play u, why would he consent you to have early VP?
Pai
post Jun 18 2010, 04:25 PM

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QUOTE(jasonlim @ Jun 18 2010, 04:18 PM)
bcoz he want to sell his property and get the money sad.gif
*
I think the problem now is you.....................not the seller? U cant enter a contract then simply wants out?





hmm.gif
Pai
post Jun 19 2010, 12:55 AM

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Jason, upon signing SPA u should have known that property belongs to the late wife. Why did you proceed anyway? U can back out then if you wanted..........................



 

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