QUOTE(bongobb @ Jan 13 2011, 09:24 PM)
I just got a letter from my vendor's solicitor saying that if we were to follow the loan agreement clause and the SPA will be void and the 10% we have paid will be forfeited. Now i'm still waiting for the reply from both my lawyer and the loan lawyer, so frustrating...
When we signed the loan agreement, how come the loan lawyer didn't inform us about this clause, if we have known it then maybe we wouldn't proceed to sign the loan agreement with them. I believe they have read through my SPA before preparing for the loan agreement right.
So if the bank still doesn't compromise with the SPA clause, can i launch a case against them by saying they didn't inform us on such term?
What's with the vendor's solicitor? I have a feeling that legal fees have not been paid by vendor so they want the cheque to be in their favour. So that they can bank it in, potong for their fees and then issue balance to vendor. Maybe they are scared that vendor may cabut if cheque in vendor's favour.
For all you know, vendor has no idea what's going on.
Parties can always vary/amend any term of the SPA. Your lawyer ought to know about this. He ought to propose this to the vendor, as a simple amendment to allow the cheque to be issued to the vendor can solve the problem, right?
If vendor's lawyer continue to be difficult then bypass him and go talk to the vendor directly. Surely vendor prefers the cheque to be issued in his favour right?
Don't let this unscrupulous fellows forfeit your 10%. Transaction almost complete, so don't let it go to waste.
You can't 'launch' a case against the bank. They prepared an agreement and you signed it out of your own free will and with knowledge. They will not vary the terms for you. Bank loan documentation are standard documents.
You loan solicitor has the duty to explain to you the terms and conditions of the agreement. However, you signed it in the end. You can't turn around now and say that you didn't understand the contents of the agreement. It'll just make you out to be a fool, if you do that.
The only remedy now, and an easy one at that, is to vary the SPA.
For the moment, be still and see what card your lawyer wants to play first. Keep this info as your trump card. If your lawyer's short on ideas, only then you tell him ya.
Keep us updated.
Good luck.
Added on January 14, 2011, 9:05 amQUOTE(echho @ Jan 14 2011, 01:22 AM)
gee.. thx for the speedy reply as I just found out you'd replied..
Well, they assured me it's standard procedure mambo jumbo and can be extended being human not machine bla bla... My only concern is "what if" to safe guard my interest in the event that it is not my fault but rather the banker's fault to cause delay la. If such scenario does happens, i.e. delay from bank, can this be reflected somewhere under some sort of provision so the owner cannot enforce the clause without first taking into consideration the cause of delay, and allow for reasonable extension?

Nope. When it comes to applying for a loan, most people do not do so until and when they sign the SPA. If their financial status is alright and the price of the property is suitable, there ought to be no problem for the loan to be issued.
Your letter of offer to purchase is subjective and can be prepared and signed by both parties as they wish. However, a lot of people appoint real estate agents, who have their standard format letters.
I seriously do not think the vendor will want to grant you a long extension just to allow you to secure a loan before signing the SPA. I wouldn't if I were in the vendor's shoes. Might as well sell it to someone who can sign the SPA with confidence that a loan will ultimately be given in the end. Put yourself in the vendor's shoes. Perhaps he can sell it to someone with a higher price later on? Value of money depreciates anyway. Any delay is detrimental to the vendor more than to you. Signing the SPA faster will give him the peace of mind as well.
This post has been edited by dariofoo: Jan 14 2011, 09:05 AM