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PabloPicasso
post Dec 1 2010, 11:22 AM

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hi everyone, hope u all here can give advise on my problem below:-

i booked a house in puncak jalil ( under talam ) and pay agent fees in april 2010
i've signed spa on 16th june 2010
the dev ( talam ) respond on doc ( i dont know what it calls ) in sept 2010
to date i am still waiting redemption letter fro RHB for me to submit the gov loan appl.
the problem is, the vendor is keep delays in handing the redemption letter. what i understand from rhb, the vendor has special request to bank in terms of loan balance amount with the bank. we still can not submit the loan till now and what i understand from lawyer the spa valid till early jan 2011 only.
since we are renting a house, the tenancy ends this dec and the owner dont want to renew it since we tell them we will be renting the house for 4-5 months more. we have to bear a cost of moving and renting anew house!

what sort of legal actions can i take to vendor right now?
what kind of damages fees i can claim to vendor?
can i cancel the whole spa now?
if cancel, will i get the whole deposit backs? plus any interest or compensation to my loss?

it doesnt make sense any vendor wantto delay the buying process almost a year. normally people sell house to get money fast.

please advise me.

tq


Added on December 1, 2010, 11:26 am
QUOTE(dariofoo @ Dec 1 2010, 10:27 AM)
When you say 'some reason' - are you saying default by purchaser or vendor?

If default by purchaser, the contract would be deemed to have been breached by the purchaser, and the vendor is entitled to forfeit the 10% deposit as agreed liquidated damages. Other sums collected by the vendor, i.e. differential sum (if any) shall be refunded to the purchaser.

In practice, there are situations where the vendor condones the delay and accepts the late penalty interest as compensation, as it would be quite a hassle to start all over again with a new purchaser, etc.
*
ya, in shortest way - my spa ( for leasehold ) takes more than 3+1 to complete. default definetely by VENDOR.

HOW?

This post has been edited by PabloPicasso: Dec 1 2010, 11:26 AM
PabloPicasso
post Dec 1 2010, 12:20 PM

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tqvm for you reply.

a) Who is applying for the redemption statement? The vendor himself or your solicitor (on his behalf)?
both parties are applyg. But i manage to talk to RHB and find out that the vendor is the one who have special request to adjust the loan amount cause the bank delays and up and odwn letter to hq.

b) What is the time frame given to the vendor to obtain the redemption statement? Check your agreement.
as u said 14 days.

but i am just curious theres nothing i can do to vendor?. he is not coperating enough even i call and insist him to speed up the redmp letter applctn.

what should i expect if the 3+1 end without no document ( redemtn letter ) from the bank?
what sort of claims/fees or anything that i can ask from vendor?

the whole process is really frustrating. ya abt the rented house, we will sort out personally. i will have to move out anyway cos i tell the owner i would only rent out till jun 2011 and he wont allowed it. we already rent the house for 2 years and it ended dec 2010.
PabloPicasso
post Dec 1 2010, 01:00 PM

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oohh ok, understand now. ya, my solicitor is applying but the vendor is on and off follw up i think.
its almost 9 months now, and me and husband already feeling lost hopes on the house. if we could get back all the deposits ( inld 3% with agent? ) than maybe we could really take time to search for other house then. i think i would hold up till spa ends this jan.

the rented house again the luck is not by my side. however the owner dont buy the idea on monthly rental and i dont know why.

i think the whole process, delays, owners attitude worsen the situations. it makes me thinks twice on buying said property.


Added on December 1, 2010, 1:04 pmif spa ends on jan, and loan not even submitted. what is the next step? do another spa?
pay another legal fees?
vendor will pay late charges?
the letter from dev is valid for how long?

This post has been edited by PabloPicasso: Dec 1 2010, 01:04 PM

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