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 Seller back out after offer letter is signed

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TStrusted519
post Oct 4 2012, 12:53 AM, updated 14y ago

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I am in the midst of selling off my property but now I wanted to back out after the offer letter is signed due to some personal reasons. Can anyone let me know what is the consequences of doing so ?
TStrusted519
post Oct 4 2012, 12:58 AM

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QUOTE(ecin @ Oct 4 2012, 12:56 AM)
pay equal amount of compensation
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sorry but what does that mean ? can be more specific?


Added on October 4, 2012, 12:59 amI have received 1% deposit from the broker out of the 3% deposit that the buyer paid. Does it mean that I will just need to return the 1% deposit back and thats it ? Btw its been 2 weeks and the loan approval is still not confirmed.

This post has been edited by trusted519: Oct 4 2012, 12:59 AM
TStrusted519
post Oct 4 2012, 01:04 AM

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QUOTE(ceveori @ Oct 4 2012, 01:00 AM)
u need to compensate 3% in full regardless how many % the broker hold  biggrin.gif
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Yes ,so i will return the 1% that i received then the broker( who received 2%) can then return all the 3% back to the owner , right ?
TStrusted519
post Oct 4 2012, 01:06 AM

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QUOTE(ceveori @ Oct 4 2012, 01:06 AM)
Nope. You need refund 3% + compensate another 3% from your own pocket  wink.gif
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rclxub.gif rclxub.gif rclxub.gif rclxub.gif
TStrusted519
post Oct 4 2012, 01:11 AM

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QUOTE(ceveori @ Oct 4 2012, 01:09 AM)
If you signed S&P you need folk out another 10%, this is the rule to protect both sides  cool2.gif
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tak lak sign S&P, just offer letter only. And loan approval not yet gao dim also, its been 2 weeks.


Added on October 4, 2012, 1:12 amoh no.... headache now...

This post has been edited by trusted519: Oct 4 2012, 01:12 AM
TStrusted519
post Oct 4 2012, 01:13 AM

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sad.gif dont scold me la
TStrusted519
post Oct 4 2012, 01:17 AM

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first time selling , so a bit noob ma.. but anyway the reason why i decided to keep it is because originally i wanted to get a landed funded by the profit from the sales of this property one. But now, due to some constraint tak jadi. That's why think of keeping it instead, else I will end up with no house sad.gif

This post has been edited by trusted519: Oct 4 2012, 01:17 AM
TStrusted519
post Oct 4 2012, 01:28 AM

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tak jadi because of unable to come to a conclusion with my bf on what to buy. So I think i better keep my condo and rent it out instead. Else, I would have end up condo sold, has some cash but dont know what to do with the cash.
TStrusted519
post Oct 4 2012, 01:31 AM

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QUOTE(learn2earn8 @ Oct 4 2012, 01:27 AM)
soli la, did not realize u r a noob  biggrin.gif
but it was really inconvenience to go bank uplift fd and then hav to chase the banker and lawyers again for my 1st disbursement & put back to fd doh.gif
ok, u seem to be in hot soup, won't bug u, but jus want to share with u the experience from the other side

the seller before sign offer letter, he says wan to sell, then dun wan to sell, then wan to sell, then dun wanna sell  rclxub.gif
lucky ejen commision was worth the hassle, for 1 over week, ejen voodoo seller and convince him bubble will blow  flex.gif
too bad seller wish for bubble burst did not cum true, my sympathies but seller did cash out for over a 100% gain  shocking.gif
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keep changing mind indeed is no good. I will only change it once. tongue.gif
But anyway, yea regarding the bubble burst thingy. But my condo is relatively cheap when i bought it, and its near lrt so i think should be able to fetch OK rent. I wouldn't think of selling it if it is not because of wanting to get a good landed which is like sooooo expensive nowadays. But now tak jadi liao, so macam no reason for me to sell the condo.


Added on October 4, 2012, 1:32 am
QUOTE(lynforum @ Oct 4 2012, 01:30 AM)
Change a bf & buy with the new bf. Such a hesitating bf can't achieve great thing. Act fast before regret  thumbup.gif
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lolz, good one there. indeed I am considering tongue.gif

This post has been edited by trusted519: Oct 4 2012, 01:32 AM
TStrusted519
post Oct 4 2012, 01:33 AM

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but anyway, just to get some advise. If you have a condo that is at a good location with lrt and you wanted to get a landed now. Will you sell the condo off so that if will help burden off a bit the installment. or.. just keep the condo by renting it out, and get the landed at the same time


Added on October 4, 2012, 1:34 am
QUOTE(lynforum @ Oct 4 2012, 01:32 AM)
Below are the easy 4-step to your dreamed home:-
1. Sell condo
2. Dump bf
3. Get new bf
4. Buy landed

rclxms.gif
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doh.gif


This post has been edited by trusted519: Oct 4 2012, 01:34 AM
TStrusted519
post Oct 4 2012, 01:45 AM

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QUOTE(ceveori @ Oct 4 2012, 01:40 AM)
Yup, start accumulate property since young, you'll NEVER regret  nod.gif
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and all this answer is telling me i should not sell off my condo. but i signed offer letter liao sad.gif OMG, really need to compensate 3% ? Can I not just refund ? Can i not use the excuse that the loan after 2 weeks also not yet gao dim ?


Added on October 4, 2012, 1:46 am
QUOTE(learn2earn8 @ Oct 4 2012, 01:44 AM)
I would refinance it as within 3 years when lrt ring complete, u can go find another bf from sentul to sg buloh & distance is not a problem  cool2.gif
imagine tat! u get so many bf from so many diff locations, wah! can get so many rental income from so many sources  drool.gif
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WALAO WEH doh.gif

This post has been edited by trusted519: Oct 4 2012, 01:46 AM
TStrusted519
post Oct 4 2012, 01:53 AM

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QUOTE(ceveori @ Oct 4 2012, 01:46 AM)
I did this, I bought one prop near one of my GFs house then buy another prop near my another GFs house. I didn't know these places before I go their houses.

shhh don't tell my wife  drool.gif


Added on October 4, 2012, 1:48 am

Indeed buyer have to sign S&P within 14 days of booking regardless of loan status which is his problem not your problem, you can use it although not so ethical but consult your lawyer 1st  yawn.gif
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OK I also know its not that good to do that, but just need to be the bad person this time. sad.gif That's why i also feel so fan now to having to talk to the agent tomorrow about this.
TStrusted519
post Oct 4 2012, 10:08 AM

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dear all, i know its not good to do that. It's definitely not my intention to do so if i have a choice. i guess im just too noob in making decision for property.


Added on October 4, 2012, 10:09 am
QUOTE(keane04 @ Oct 4 2012, 02:23 AM)
Keep the condo and top up loan to buy landed.

But since u agreed to sell and collected booking fees. It's unethical to back out.

Why dont you share the offer letter that u signed? Presumably, prepared by agent, rite ?
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the offer letter that i signed indicated that i need to pay 50% of the full fees if the transaction is aborted after deposit is received and before S&P is signed. I think i just need to take it as a learning fees.

This post has been edited by trusted519: Oct 4 2012, 10:09 AM
TStrusted519
post Oct 4 2012, 10:13 AM

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btw i think the buyer also maybe has problem in getting the loan but im not sure. Since im going to call the agent to back out , how would i know if the loan was not even successful in the first place? In that case, i wouldn't have to even compensate.
TStrusted519
post Oct 4 2012, 10:46 AM

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QUOTE(recoil @ Oct 4 2012, 10:19 AM)
yes, try to reach a win win situation with the buyer.

If i'm not wrong, the general clause is written as below. I'm not sure what is written in your offer letter, but it only matters if the signing of S&P is delayed.
The Sale & Purchase Agreement must be signed by both parties within fifteen (15) full working days from the date of acceptance by the Vendor. In default of signing Sale & Purchase Agreement within the above validity date:
• By the purchaser(s), (provided that there is no undue delay on the part of the Vendor or Vendor’s Solicitor) the said earnest deposit sum paid herewith shall be forfeited by the Vendor and this agreement shall be treated as null and void. Thereafter neither party shall have any rights or claims whatsoever over the other party.
• By the Vendor, the Vendor shall refund the said earnest deposit sum to the Purchaser(s) together with a compensation sum of equivalent amount and this agreement shall be treated as null and void. Thereafter neither party shall have any rights or claims whatsoever over the other party

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tq recoil. So can i assume that if loan is not approved and S&P also not prepared after 15 days from the date of acceptance , me as vendor wanted to pull out, its reasonable for me to just refund the deposit without any compensation needed?

That is the case now actually.

This post has been edited by trusted519: Oct 4 2012, 10:47 AM
TStrusted519
post Oct 4 2012, 11:52 AM

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QUOTE(ecin @ Oct 4 2012, 11:14 AM)
It should be 100%, the 50% should be for between the purchaser and the agency thingy.
"塞翁失马,焉知非福"  hmm.gif

Added on

The number of days you can also spot it in the Form you've signed, normally 14 days or 14 working days to SPA signing, calculated from the date Vendor(you) supply sufficient documents for Purchaser to proceed with SPA and Loan Application.

In your case, likely you can call it off, details you better get someone who can talk to you face-to-face.
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just called my agent, and to find out today itself is the 14th day ( only working day is counted). So I can only pray that today the loan is still not approved then i just need to refund the deposit to the buyer and pay 50% of full fees to my agent instead of compensate another 3% to the buyer.


Added on October 4, 2012, 12:37 pmhmm if the loan is not approved after 14 days and i decide to pull out, why do i still need to pay 50% compensation to the agent ... anyone can shed some light ?

This post has been edited by trusted519: Oct 4 2012, 12:37 PM
TStrusted519
post Oct 4 2012, 05:05 PM

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QUOTE(alex_cyw1985 @ Oct 4 2012, 01:15 PM)
Is like, I ask you do some work with some payment, after that I tell u, your work not needed, so? I need to pay your or not?
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sorry probably i wasn't clear enough. I am definitely going to compensate my agent, he is a nice guy and I appreciate what he has been doing. What i meant is probably it doesn't need to be 50% of the full fees which part of it will go to his company instead of his pocket.

This post has been edited by trusted519: Oct 4 2012, 05:06 PM
TStrusted519
post Oct 4 2012, 08:27 PM

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hi all , the case is now settled. Due to the SPA is not executed within 14 working days I have the right to pull out without paying compensation to the buyer. However, I will compensate 50% of full fees to my agent.
TStrusted519
post Oct 4 2012, 08:36 PM

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QUOTE(alex_cyw1985 @ Oct 4 2012, 07:09 PM)
if not 50%, how much u want compensate? RM100? RM200? the agent is not pasar malam, the price must fixed to standardise it. else in future any agent can charge u any amount also right instead of 2%?
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hi alex, don't see me so bad la. Thats not wat i meant at all. I also wish to compensate my agent fair and square, but on the other hand I also have my seller's right. In this case, the SPA is really not executed within 14 working days and I has my right to pull out for better offer. Just so happen the better offer is non-existend, and i would like to rent it out instead and I'm still going to get the same agent to get ppl to rend. So he actually has nothing much to lose. Instead of paying 50% of full fees, i wanted to pay him probably 1-2k. But in the end, i still decide to pay him 50% of full fees because he said he will help me to reduce cost in other areas. I understand that he is trying to protect himself, since no one knows what will happen in the future even though i told him i will let him handle my future case ad he still can earn.


Added on October 4, 2012, 8:37 pm
QUOTE(shawnk @ Oct 4 2012, 08:29 PM)
And the buyer's booking fee?
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of course is refund lo.

This post has been edited by trusted519: Oct 4 2012, 08:37 PM
TStrusted519
post Oct 4 2012, 08:50 PM

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haha no la, i appreciate many ppl chip in their thought so maybe it's good that i update a bit also. And in case if there is anyone out there that might be in the same situation then can refer a bit huhu

This post has been edited by trusted519: Oct 4 2012, 08:51 PM

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