Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed

Outline · [ Standard ] · Linear+

 Lawyers Corner, A one-stop centre on lawyers and queries

views
     
josephtps
post Aug 9 2011, 02:49 PM

New Member
*
Junior Member
8 posts

Joined: Nov 2006
hi bro,
Some legal to ask.
Im selling my apartment to a buyer with rm 155k.
Buyer had pay booking fees rm5k to my agent and sign the letter of offer dated 3/7/2011 with condition must sign sap within 14 days.
But buyer only sent the sap on 3/8/2011.

Need your advise on this, can we call to cancel the deal since no sap being sign after 14 days?

Can buyer sue us for cancellation of deal?

Appreciate your advise.

josephtps
post Aug 10 2011, 02:11 AM

New Member
*
Junior Member
8 posts

Joined: Nov 2006
QUOTE(dariofoo @ Aug 9 2011, 05:37 PM)
Read the terms properly - does it state must execute SPA within 14 days or is it just send a draft copy of SPA within 14 days. Different letters of offer to purchase will word it differently.

And when you said that the buyer only sent the SPA over on 3/8/11, is it a draft of the SPA or is it a finalised one whereby both parties had already started with several drafts beforehand.

If the buyer slept on it for 14 days and did nothing, there would be a right to forfeit. However, if a draft has been sent out and parties were in negotiations to finalise it, then the period would be extended accordingly.

Must also take into consideration as to whether you, as the seller, had provided all the necessary documents for the purchaser to prepare the SPA in the first place.

So, it depends on the facts of the case. How's yours?  nod.gif
*
Hi Bro,

The term is must sign SPA with 14 days which is written in letter of offer.
I had even sent all the document to my lawyer on 4/7/2011 to prepare the SPA for purchaser.
At first, buyer agreed to hired a same lawyer, but we din't any reply from buyer at all.
On 26/7/2011, his change his mind to hired another lawyer without informing us. And buyer had drag further longer for the draft on SPA.

Latest update, buyer lawyer tell my lawyer and inform wanted to sue us due to we called the deal off.
He stated that he want us to pay back the losses, booking fees + another 5K for compensation + lawyer fees which include loan agreement & SPA.

Need your advised, can purchaser sue us in this case?
josephtps
post Aug 10 2011, 02:44 PM

New Member
*
Junior Member
8 posts

Joined: Nov 2006
QUOTE(dariofoo @ Aug 10 2011, 11:12 AM)
Well, since you have a lawyer on board who has advised you to call the deal off, I'm sure that he would have arrived at that decision having perused all the documents and correspondence between the parties. I do not have any documents to refer to in order to give you a proper advice.

Basically, if the buyer or buyer's lawyer failed to send over even a draft SPA within 14 days, then you have the right to call if off and forfeit the deposit. It's as simple as that. However, if in between there were some correspondence between the parties, like a request for further documents from your part, then the time granted to the buyer to prepare the SPA would be extended. So it depends on how parties were corresponding. In this regard, your lawyer ought to know better.

If you're on the right side, don't be afraid of all these shallow threats to sue. It's just to intimidate you to see if you'll get scared and refund to them the deposit.  nod.gif
*
Thanks bro for the advise.

Topic ClosedOptions
 

Change to:
| Lo-Fi Version
0.0648sec    0.53    7 queries    GZIP Disabled
Time is now: 12th December 2025 - 04:49 AM