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logezzz
post Mar 17 2011, 07:29 PM

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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 rclxub.gif

This post has been edited by logezzz: Mar 17 2011, 07:30 PM


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logezzz
post Mar 18 2011, 11:15 AM

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QUOTE(dariofoo @ Mar 18 2011, 10:12 AM)
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. sweat.gif vmad.gif

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

How can i proceed sir? Thanks
logezzz
post Aug 6 2011, 03:57 PM

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Hi Dariofoo,
I going to sell off my apartment since i can't afford it anymore and i already got buyer for it.

When asking for the settlement amount, they told me RM98K and it can't discount anymore.
They said if i pay cash then i will get a discounted amount (not selling the house to others).

1) May i know is there any possibilities to reduce the amount if i sell the house? (write in or appeal or anything) Currently i have bank loan outstanding for rm7k with bank.

2) I have maintenance fees outstanding for rm15k. Can write in to them for a discount to settle all this amount?

Please help or provide me solutions. Because the selling price now not giving me much profit is didn't get discounts.

Thank you very much.


P/s: I'm helping a friend to ask.

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