Dunno whether is there anyone can help here. Just try my luck and share my bad experience here.

I was eyed on a condo and decide to buy the unit. Owner and i deal all the way through agent. Owner is located in UK and this property was take care by his brother who stay in KL. I've paid deposit 3% and sign for the booking forms, for the owner part agent email owner the document to sign and then owner email back to us. Once this booking form done, we proceed to lawyer for SPA. We both (owner and i) using the same lawyer. 2 weeks later, lawyer ready with thr SPA and owner rushing lawyer to pass the document to his relative who is going to visit owner is few days later, so lawyer just pass over the document. Once the document reach UK which is owner's hand, owner suddenly decide not to sell the condo to me. Owner verbally or sms inform the lawyer and agent as well.

Ok, since owner black out and advise from lawyer is owner need to write a letter said that he want to terminate this deal with me. But owner slowly disappear which lawyer and agent unable to get him at all. I suppose to claim back my deposit and compensation from owner but now i do not know what to do at all. Lawyer did write a letter to owner which giving 2 weeks time to response back to us, if he fail to do so we will automatically assume he cancel the deal.

What i heard from agent is my 3% deposit is still with the agent. Agent agree to give it back to me only when owner write the termination letter to me. And now agent trying to avoid the responsibility to reimburse compensation for me from the owner. Agent just throw me the words with if u wan to get back the compensation you go find lawyer and sue owner. I was wonder is it agent suppose to help me reimburse compensation from owner???? I did talk to agency's principle, at first he seem willing to help on this case but after he discuss with the agent, he feedback me the same things like the agent. Ask me go find lawyer sue the owner if i want get back my compensation. Principle said if huge amount then he will try to help me fight back my compensation. Even my 3% compensation is just RM7k doesn't mean i cant get the same services like those who buying 1million property??

Now i was thinking to go association to complain about this agency with this kind of services their provided to me. Anyone can give me some advise what should i do to get back my compensation? Very appreciate if you can share to me. Thanks!

lolikid: your plight sounds exactly like the friend of mine! except agent willing to give back the cheque. However, they also said the same thing like .. 'u want your money/compensation, u go sue the owner la'. And refuse to do anything further.

dariofoo: thanks for the advise. Got one more question: If we can't caveat the property, how can we ensure the seller pay the compensation? If she sues, and seller just ignore.. she'll be wasting her time and money for nothing?

HELP!!! My uncle just sold his shop but his long time tenant refuses to leave. For about half a yr now, they did not sign rental agreement as my uncle had the intention to sell his place. So out of goodwill, they verbally agreed to continue on a monthly basis. Now tenant is claiming he has nowhere to go and he can take up to a yr or more to move out.
 
Anyone can advise what course of action my uncle can undertake to evict this difficult tenant? Thanks.
 
1. Can report police that tenant is overstaying without agreement? He has been paying minimal rent and my uncle has been issuing him with a monthly receipt. What if my uncle stops collecting his rent with immediate effect and report police?
2. What about serving him with a new agreement at a high rent and if tenant doesn't want to sign, that constitutes he is unwilling to be my uncle's tenant any longer?
3. Is there such a court order that can be taken to lock up the whole place? Caveat or something?
4. I heard someone mentioning about bailiff? Can this help?

Hi Mr. DarioFoo,

Need help from you guys.

Sequential of problems:

1) I resigned early of February.

2) I booked an apartment by giving deposit rm4.5k to the agent and signed the booking form. In the booking form i put
special condition stated "Deposit fully refundable if loan is not approve". Both of us agreed on that but the owner don't know that i resigned at that time.

3) My loan rejected due to fail at employer verification at my company since i resigned.

4) Owner refused to refund the deposit since she knows the reason of rejection which is i resigned before booked the apartment.

Explanation:

1) First of all i don't know that bank will do employer verification.

2) I resigned and hope to get another job offer letter from other company but unfortunately i didn't get it. So, initially i thought that i able to get loan since i going to get the offer letter. Besides, i tried to get loan from other bank using my registered enterprise company but i still couldn't get any loan.

Since i already put a special condition like deposit is refundable, the owner must honor that terms since he has already sign it no matter what is the reason of rejection. If i know, the loan sure will reject, even i myself won't waste time to pay deposit and waiting for the loan approval.

I urgently need experts or lawyers advice on this problem since this problem just happened and the amount forfeited is quite a lot for me. Thanks

I attached the booking form as well.

Desperately need advice,
Loges  

Dear all,

Below is the quotation for my bank loan (360k) legal and stamp duty:
facilities agreement 2,970
deed of assignment 297
power of attorney 297
6% tax 213.84

stamp duty - facilities agreement 1,800, 3 copies of FA 30, deed of assignment 40, power of attorney 40, statutory declaration 20, letter of offer 10

registration fee - filing of power of attorney 60

disbursements - affirming statutory declaration fee 28, bankrupty searches 48, land &cavaet search 90, developer's confirmation 100, documents fee 150, misc - photostating / stationery - 50, courier / postage 30, fax/telephone/binding 50, transport & travelling 150.

Is the charges reasonable? I believe I still can ask for lower fee but where to deduct?

Thanks.

Loges,

As far as the letter of offer to purchase is concerned, the special condition inserted therein clearly states:
Deposit fully refundable if loan is not approve

It just cannot get any clearer than that. It does not matter WHY the loan was not approved. It does not matter that you did had resigned from your job when you applied for the loan.

Nothing else can be read into the contract apart from what is written in black and white and signed by all parties.

Deposit fully refundable if loan is not approve is as clear as it can get. Your loan was not approved, so the vendor has to return your deposit.

Write in formally to the agent (whom I assume ought to still be holding the deposit as stakeholder) to request for it back as per the terms of the letter of offer to purchase - failing which you initiate legal proceedings to recover same. RM4.5K is a lot of money and I would advise you to pursue this all the way.

Cheers,mate

Thanks for your advice and confident your gave to me.

I just called the vendor on this matter and she told me that she already asked the agent to refund to me back one week ago.     

But the agent told me the other way around that owner forfeited it.

How can i proceed sir? Thanks

Thanks for your advice and confident your gave to me.

I just called the vendor on this matter and she told me that she already asked the agent to refund to me back one week ago.     

But the agent told me the other way around that owner forfeited it.

How can i proceed sir? Thanks

Hi dario,

just need to make a quick check if legal fee RM5241 for a loan of RM260000 is reasonable?

how is this usually calculated?

thanks.

Hard to advise unless you provide the breakdown. 

Legal fees for loan is the same scaled fees as for S&P. The link to calculate it ought to be somewhere in the few last pages of this thread. 

1. You can lodge a police report but it is unlikely that the police will intervene as it is a civil matter.

2. You can serve an agreement on him, but if he doesn't want to execute it, you can't force him. And NO, it does not "constitutes he is unwilling to be my uncle's tenant any longer".

3. You would have to appoint a lawyer to serve him an eviction notice (with a demand for unpaid rental) - 1 month's notice to surrender vacant possession as he is not a trespasser, but a tenancy-holding-over. A monthly tenancy, so to speak. Once the eviction notice lapses, your lawyer would file an application for an order to evict the tenant. If upon being served with the order, he still refuses to move out, then your lawyer would seek the assistance of the Court bailiff to evict him. That would be the whole procedure.

You can't lock up the place nor can you file a caveat. Why caveat anyway when it is your uncle's own property?

4. Bailiff would come in when the tenant still refuses to leave upon being served with the Court order.

Hope the above helps. Cheers.

1. You can lodge a police report but it is unlikely that the police will intervene as it is a civil matter.

2. You can serve an agreement on him, but if he doesn't want to execute it, you can't force him. And NO, it does not "constitutes he is unwilling to be my uncle's tenant any longer".

3. You would have to appoint a lawyer to serve him an eviction notice (with a demand for unpaid rental) - 1 month's notice to surrender vacant possession as he is not a trespasser, but a tenancy-holding-over. A monthly tenancy, so to speak. Once the eviction notice lapses, your lawyer would file an application for an order to evict the tenant. If upon being served with the order, he still refuses to move out, then your lawyer would seek the assistance of the Court bailiff to evict him. That would be the whole procedure.

You can't lock up the place nor can you file a caveat. Why caveat anyway when it is your uncle's own property?

4. Bailiff would come in when the tenant still refuses to leave upon being served with the Court order.

Hope the above helps. Cheers.

Got it thanks.

just to double confirm tho - the 50% off stamp duty for first home owners, only applicable for S&P right? Not for loan?

terima kasih

1. You can lodge a police report but it is unlikely that the police will intervene as it is a civil matter.

2. You can serve an agreement on him, but if he doesn't want to execute it, you can't force him. And NO, it does not "constitutes he is unwilling to be my uncle's tenant any longer".

3. You would have to appoint a lawyer to serve him an eviction notice (with a demand for unpaid rental) - 1 month's notice to surrender vacant possession as he is not a trespasser, but a tenancy-holding-over. A monthly tenancy, so to speak. Once the eviction notice lapses, your lawyer would file an application for an order to evict the tenant. If upon being served with the order, he still refuses to move out, then your lawyer would seek the assistance of the Court bailiff to evict him. That would be the whole procedure.

You can't lock up the place nor can you file a caveat. Why caveat anyway when it is your uncle's own property?

4. Bailiff would come in when the tenant still refuses to leave upon being served with the Court order.

Hope the above helps. Cheers.