It's my first time to buy a house and i believe i've followed all the procedures right, but i think this nasty owner has already been teamed up with his lawyer to cheating my deposit starts from the beginning of this deal.
I've viewed the shop house twice, selling at RM440,000, after i agreed i paid 1% deposit RM4,400 on the 13th December 2010 and the owner only give me 14 working days to apply for housing loan, the owner didn't sign the temporary agreement but his "mistress" represented him to sign it in front of me & me housing agent( I know it suppose to be sign by owner but she keep saying she got right to sign it cause she's his PA, I don’t care that much back there because I just want to get deal done as soon as possible)
I get the bank loan approved right on time on 28th December 2010, so I appointed my lawyer right on the next early morning around 10am. We suppose to sign the S&P agreement by 31st December 2010 ( Last Day ), but that day was suddenly a public holiday which announced by our PM Najib, so it shall falls on the next working day i.e. 3rd Jan 2011.
My lawyer did send a letter to request all the necessary documents by 30th December 2010 and on 3rd Jan 2011 around 4:40pm my lawyer did emailed a draft to the owner’s lawyer. But his “mistress” lying to us that they received it around 5pm or something and keep saying that it’s too late, lawyer can’t make it on time or some shit, keep saying that your deposit has forfeited due to we can’t make it on time to sign the S&P agreement, She even force me to use his lawyer at that moment and I’ve also agreed and I insist to be doing it as soon as possible, She said she would let me know in 2 days time. So we thought it’s should be extend accordingly by what it’s written on the temporary agreement there.
But after 4 days , even me and my housing agent called up this owner, he won’t pick up our calls and his “Mistress” just saying that the deal is over, we have to forfeited your deposit. I’ve seek my lawyer advise about can he doing this ? but my lawyer said it’s a rare case, if he really want to sell his property, 1 – 2 days late shouldn’t be any problem. My lawyer did called up to their lawyer right in front of me and they replied:” we no longer acting for him.”
I’ve even file a case in tribunal consumer to claim back my deposit but stupid tribunal consumer judge saying that this was out of his jurisdiction due to them only deal “goods & services” only. So he ask me to go to civil court.
My question is : If I proceed to the civil court, is my chances getting back my deposit is high ?
And must I hired a lawyer ( I know it’s too expensive)? or can I self debate for my self ? Any advise & comments is much appreciated. Thanks in advance.

Thanks dario, i think i will try my luck on the small claim then. The tribunal consumer should double check my case before they call me to the hearing, that's why it's dragging me until now.