Hi Guys,

I bought an underconstruction property and i found out alot of bad news about this project and frankly speaking i dont
really want to continue with it..

the problem is, i paid RM3900(booking) and got free S n P and free downpayment by developer..


And right now, it is stamped already, can i do cancellation? what will happen? please please advise

RM3900 forfeit and confirmed burned lo..

its ok to forfeit rm3900, but will i get sued???

What project is this?

burned..loan side...erm.....

no, but inform them you are not buying.

This post has been edited by Z1000: Dec 3 2012, 03:04 PM

if snp is already signed by both side and stamped, the house is yours. you cannot cancell, you can only sell it.
but, read through the whole snp doc, see are there any terms about fail to finish the deal.

maybe a lawyer can give opinion here. From what I know, once snp signed, and stampeed, the developer considered sold the house to you already. could you please mention here which project? or pm me at least.

which project, maybe can safe LYN members!

Yes would like to know about this project too. Let me know (PM).

Stamped SnP might be a little tricky, but check again the SnP and Lawyer if there is any escape clause in it.
If bank already disburse the progress payment to Dev. , thats another issue.

Hope you find the best solution and share with us.

PM which project? would like to knw

PM me too Thanks

PM me too.

PM me too.

PM me 3

If you are worried, consult a lawyer, but condition of sale is you must pay money for sale to materialize. So no money, thus sale is forfieted. Only these ppl are giving you moronic advise. They sale is not finalized since you haven't paid so how the hell you cannot cancel but only sell. This ppl in the forum low iq not low yat group get it?. dont listen to m0r0ns.

This post has been edited by Z1000: Dec 3 2012, 04:20 PM

Cancelling a signed SPA is a very tricky thing. For contingency purposes, tell the developer that you are letting go of the unit and willing to forfeit the deposit. Probably the developer can 'assist' you. In the meantime, try to ask the opinion of an experienced solicitor to get you out of this mess.

Signing SnP without payment means nothing. Then I go around KL and sign every property and dont pay means developer cannot sell the property again even though I didn''t pay developer any money. So developer life finish bcoz according to your thinking property still belong to me even though without I didn't pay. Use brain please.

Im not a lawyer but normally here is one of the example :
In the event of the Purchaser being unwilling to purchase or unable to tender the balance of the purchase price on within the completion period or Extended Completion Period the Vendor may terminate this Agreement by notice in writing and the deposit and all monies paid by the Purchaser shall be forfeited to the Vendor as pre-estimated liquidated damages.

Therefore your deposit will hangus just like that

Hangus, hangus lah why everybody dont read properly he said only rm3900 booking deposit and willing to lose it, he just scared developer sue him for not buying. Asking everybody whether will sue or not. Not will refund booking if dont want to buy. Why everybody dont answer tis guy properly. All never went to school is it?

Keep telling him he still own the property. Everybody here trying to force you to buy. Please dont come back and be cheated into buying property by tis group workinh in particular sector favorable to developers. The forum u know own by property sector so answers always favorable to wat ppl u know.

Why does the property forum has a moron like you around? Do you understand English?

Can you prove to me without paying the money for SnP the property still belong to you. Lose in logic. But want call me names. Fight and win in logic then got the right. U admit you are smart doesn't mean u are. Win argument then talk. You call me a m0r0N but cannot win with argument. why u so weak? Never go to school is it?

---

Added on December 3, 2012, 5:16 pm[quote=Mikken,Dec 3 2012, 05:02 PM]
Why does the property forum has a moron like you around? Do you understand English?

[/quote
Dont personal attack me here bcoz you want him to continue buy property just concentrate help him not buy property ok? Tats only why to prove u not sales person.



This post has been edited by Z1000: Dec 3 2012, 05:16 PM

Technically, you can sign a SNP with a Developer without paying single cent.

Anyone wants to treat me a dinner (or other services) if I can win the argument ?

This post has been edited by Agt.Francis: Dec 3 2012, 05:37 PM

You need to write in a cancelation letter, inform your SA to do the cancellation process. Only downpayment ll be forfeited since u don't pay anything more than that

Just to share my opinion. when you signed an S n P with developer ( Not subsale) , with or without payment, you are entering into an agreement to purchase the property and you are obliged and binded by the agreement to complete the deal. Ofcourse as purchaser you have every right to terminate the agreement before the property complete and likewise the developer has every right to take legal action against the purchaser in any ways they deem fit in accordance to the s n P agreement. But frankly my advise is to inform developer your intention not to purchase ( find a good excuse without talking bad about the project ) and try negotiate for an armicable solution as i do think that taking legal action will not actually benifit both parties in terms of time and cost. Good luck.

Legally, need to signed a supplementary agreement to vary or cancel the original agreement. IF developer want to settle, then stamping and some legal fees for the supplementary agreement. Maybe plus some admin fee if developer want to be nasty.

Yes, you are right, once amicable solution is reached btwn purchaser and developer, need to sign an agreement to revoke the signed S n P agreement. that only the whole matter can be closed. Ofcourse all this involve cost as mentioned

Well, if you are Li Ka Shing or of similar status, any developer also want to sign up with you without paying anything

Do you mean you will belanja I makan & with extra services ? PM me your contact. I find you.

new to me, so far, never encounter any developer allow to sign SNP prior to 10% payment. new thing to learn here? which developer allow that?

well if in the snp didt mention that dev can sue ts. than itis fine. well i dont think developer will sue ts. btw z1000 no need to panas panas the tered. im not from developer.hehehehe

For me I think if you haven't sign the loan agreement then you still can cancel the deal. Normally for developer they just will forfeit the deposit and reopen back the unit with higher price.

Mind to PM me which project?

Actually its possible. You sign the snp first and the developer will bill you later to pay up by a certain date.

Hello please win the argument I stated not win your own argument. PPl try to say he must buy property bcoz sign snp. And you try to blluft I say must pay to sign snp. Why low class and change the argument. And then say u can proof. The argument is property only belong to him if he paid in full. Why u change the argument and then bluft u can prove argument. Its like I want to prove apple is sweet. Then you prove coffee is black. Then You bluft everyone here u prove argument. Sure already gurantee you argue like than you are 100% sales agent.

Bro all stupid argument here intend to force u continue buy property by duping your cannot back away from buying property. If buy a car and pay 1% can claim ownership? So u haven't pay for house for full payment u can back away any time except losing money. Property agent receive money to start tis forum and promote property. So beware their advise. Some pretend property owner and stuft but all here to cheat their cause of promoting property.

See they change your story and make it about signing snp without money instead of about issue about not buying after signing. Their purpose is dangerous bro

This post has been edited by Z1000: Dec 3 2012, 08:41 PM

Cheer cheer bro, the apple is sweet, the coffee is black. Miscommunication, ok? Btw I agree with u. Signing snp with developer is possible before pay in full, TS needs to ask his SA to assist in purchase cancelltion

I thought when stamped already, if want to cancel, need to pay 1 % fine of the house...

or maybe it just depends on what it is written..

consult the agent you deal with before, better letting it go early to another customer rather than waiting for your 50/50

Every developer has cancelation letter saved in their computer. Just need you to inform them. This is housing ministry requirement. They will print it for you to sign. See bro another multi nick force you to continue buy it then only sell. Trying to deceive you to buy when you straight away can forget. Just call developer request and sign it no 1% fine. Tis tactic forumers receive salary here using multinicks to deceive ppl on behalf developers.

One guy will have 10 multinicks and continues deceive u come back same issue try to frightened you to buy come up 1% fine issue which dont exist.

i checked my SNP. if i cannot compete the deal (paid full amount). I will be charge 10% of the house.

do check your SNP.

if there is no any terms, that means there is no exit term. first, you should bear all the legal fee, and admin fee, etc.

besides, they will HELP YOU to resell YOUR unit. IF the price is same or even higher, then it should be ok. BUT, if somehow, the market is bad, the units go to lelong. The price difference between your purchase price and the lelong price, you need to pay back.

In this forum, there is a pinned important topic "lawyer corner", you can ask there, dariofoo is very helpful.

Bro see another tactic agree with me false issue try avert the real issue which is you can stop the purchase even after snp. See how they try change topic. They try to con miscommunication, but actually they are just using trickery. They agree something useless so tat they dont need agree the true topic. They want change your topic and confuse u into buying. Tis place satanic, bro. Many are paid forumers who 24 hrs supporting real estate sector.

This post has been edited by Z1000: Dec 3 2012, 10:19 PM

Yes, a recent project that I bought have the same condition. Cancel after sign S&P forfeit 10%

Thanks Z1000 for understanding what i mean

Tis is a lie. You can let go your unit without penalty. Check housing ministry. Check your own snp. Take your SnP and see your lawyer. Dont let tis ppl cheat into buying. If they charge you tis penalty. The housing minstry can gantung theiir licence. Actually no such policy. Ask tis guy scan you his snp. And take to the lawyer who made tis SnP. I gurantee no lawyer made such SnP.

See all tis is multinicks same person same advice. They paid to be forumers to support real estate. They give all sort of demonic advice intent on scaring you.

They receive payment for that?

Wonder all the good comment for new dev are from them actually

sigh

---

Added on December 3, 2012, 10:36 pmreally ah? then all marketing gimmick?

This post has been edited by one2ka4: Dec 3 2012, 10:36 PM

pm me the project name

UMNO blogger, PAS blogger, DAP blogger. FMT, Malaysia Today also receive money. Msia property is 100 of billion a year busines. Just pay 3 or 4 person in forum 10k a month each to be run tis forum is not problem.

Bro just check their facts wat 10% fine. Its is possible, but not standard clause. I also can make clause if you fail to buy my property I can 300% fine. But not standard clause and not practice, one. They just made up but such clause not done before. I also can clause all your asset belongs to me if you fail to buy my property.

You think housing ministry allow such clause 10% fine. Please read your own snp got 10% fine clause or not. Made up story man, receive 10 or 20k must do job here. Demonic job to confuse you.

This post has been edited by Z1000: Dec 3 2012, 11:08 PM

any lawyer wanna comment here? I also wanna know coz I thought once snp signed, buyer already becomes the owner. it doesnt matter how he funds it or find the money as long as the seller (developer) gets the money by selling the house technically, right? if already signed and agreed, the seller is legally binded to pay as he/she alreay bought it? if not, then developer has every right to take legal action as deemed fit. no meh? lawyers please help. i wanna know our rights as buyers too

I bought a house before. There is a clause that says you will need to forfeit a certain amount (specified in snp) if you cancel after signing snp (and stamped). Some developers maybe lenient and let you forfeit a small amount - it depends on what is written in the snp. Imagine if you are the seller, you will also want a penalty like that to protect yourself, right?

deposit 10% is the reason. You can keep the 10%. Bro how many lawsuit did u see in court for failure to buy property? None.

How many developer take somebody to court for failure to go ahead with purchase? Please find a case for me. Your right as buyer is not to go ahead with the purchase if u dont want to but u have for go the deposit.

Then why the hell the developer always release the unit back for sale when loan rejected. They can sue the buyer for all his money, he agree sign snp already, mah? All monies, asset the buyer can be sued in court, mah?

Some more, the unit still can be sold. So win in court and sale unit so can untung double lah? Why developer no do tat. Bcos cannot. See they still force u too buy, bro. Demonic ppl here.
They all know tis. But keep on forever wat to con you to buying. Forumers here are demonic, bro. All receivr money from real estate one.

This post has been edited by Z1000: Dec 3 2012, 11:22 PM

TS, post your query here if u havent done so.

http://forum.lowyat.net/topic/2138486/+2340

+1

Buyer wont cancel bcoz paid 10% deposit. See how come all of you can morning until midnight talk about tis issue. Bcoz u are full time working tis forum. Get money from real estate and way of writing is just similar 1 or 2 guy use 10 multinicks to fight me. Hai yoh. I do free but you get paid. Enough bro want to sleep.

wahh...i learn a lot from this thread.a good read

FAINTED!!!!

what a thread!

why booking fee is rm3900 not rm4000 as a round up figure? which developer and project is that?

good/healthy argument btw

Oh mang! I have a sibling here. His nick is kidmad. Many misunderstood us as dupe because we too used to the word 'mang'. But sadly that nobody pay me for the job.

Just don't be panic when there is a problem; ask the right question to right person~~

All,

I know this thread is quite old here for this topic. However I would need afresh advise from you guys about my case.
Here's the info:

SPA price: 300k
Booking fee: 1k
10% downpayment: 0 as it is rebate by developer (in OTP it is written as "credit note rebate by the developer")

SPA stamped and binded.
Loan agreement approved but not signed yet.
Loan not disbursed yet by the banker.

Here's the problem:
I request to terminate the SPA due to unforeseen problem.
The developer sent me letter that I need to pay 10% off SPA price (this is a clause in SPA - standard under HDA)

I contact the lawyer which is the same lawyer as the one used by developer.
The lawyer said that 10% rebate is not applicable in this case and i still need to serve the 10% penalty.

Since the lawyer is the same as developer, I have a feeling that the lawyer is a bit biased to developer side - ie: "advising" me to negotiate with developer for 50-50 payment or to just proceed again to buy the property.

My question is, I can really "return" back the 10% rebate to serve the penalty? means that on my side, I will only loose my 1k booking. Since the lawyer said it is not applicable but I still could not understand the concrete reason why..

Has anyone in this case before? can help me...please.

thanks.

Bump. I'm curious about this too

any updates on ur case?

Which project?

have u signed the loan already? have seen a case that developer charging back the legal fees few k and call off the deal. i think to cancel the loan also got penalty and worst is draw down been made.

once loan is approved, buyer cannot rely on 'cant secure loan' and escaped scott free.

lucky for buyer. if the foundation already done, penalty is 20% + penalty.

time to be nice to both lawyer and developer given that this is a mid low cost home.

really lucky.. but already signed spa most probably loan also 'secured' dy.
1. cant use this as excuse again
2. might impose penalty from bank
3. if draw down dy, the damage would be higher cos paid to developer acc dy.

S&P is a legal binding contract; unless the vendor is generous and kind, unlikely to allow buyer to breach contract without penalty. doubt judge would allow "10% rebate" in lieu of 10% penalty.


This post has been edited by icemanfx: Dec 3 2018, 10:59 PM

Hi, just want to follow up on this post. Have the poster of this question receive any invoice of additional charges?

Actually I have the same case. I only pay booking fee where all other cost are beared by the developer.

Now I would like to cancel the S&P and the loan agreement and the lawyer issue me an additional RM10K abortive fee for this.

I called the lawyer, and they said they have paid the stamped duty etc to LHDN and somebody gonna take that bill.

Please help me guys. I really dont know what to do now.

Regards

Yes, you need to pay up for that or negotiate with the developer about it.

However, bank will also penalize you for aborting it after signing S&P and loan agreement, normally 1% of the loan amount and blacklisted by that particular bank.

That's why don't rush anything after loan approved. There is no downside for delaying the signing of LO, banker can hold up LO for up to 2 months to wait approval of buyer signing the LO.

Should it be the developer responsibility to pay for that as I have double confirm with the SA before proceeding and I have the conversion between us. Else he was being misleading to us as a purchaser.

For the bank wise, the loan application has been cancel. So there is no charges from the bank side.

Please advise.

better lost deposit then serving entire life of bad debts

I assume you mean the SA communicate with you about the legal fees of SPA and LA are free. They are free because they are borne by developer if you completed the purchase without abortion.

If you abort the purchase after the legal fees are charged, then wouldn't it be charged on you since you are the one who abort the purchase? I would advice you to go through the booking documents, normally they are written black and white, crystal clear.

For bank wise, no charges probably because you abort the purchase before first drawdown, right? Anyway, better check again with banker to see if there is any consequence from the bank side.

Yes I initiate the abortion.

But before hand I have consulted my SA, and he mentioned it will only be a RM1K charges and no more others. Thats why we proceed.

So now the lawyer given a RM10K charges directly to me.

Alamak.

Any consequences if I dont pay this cost? Please advise.

I mean the lawyer comes from a law firm...

I don't think its a good idea to not pay them since it's easier for them to initiate a lawsuit on you.

What SA said could be penalty from developer side, not including from the lawyer side.

Speak to the SC or whoever arranged the lawyers about this.

I had the same thing happen to me, except mine was through houzkey. I applied and before signing anything (but after the spa was done) I decided to back out.

a month later the lawyer billed us with an abortive fee of 8k. I checked with the bank consultant about it and he said we shouldn't have been charged. they asked for screenshot of the message asking for the fee to investigate.

never heard anything from them since then.

This post has been edited by nev_90: Mar 19 2021, 11:06 AM

supposely it can be aborted without any incuring charges.

just few 8 months ago was supposed to purchase a semi-D factory from ecoworld, loan approved signed. SNP was done but havent sign.

it was MCO and then we didnt want to proceed with the SNP even though loan from hong leong was already approved. no penalty or of such sorts.

Of course no penalty, in fact LO is just LO, before signing SPA and LA, even if you abort won't incur charges.

Burn 3.9k better than you pay for something you dislike. So sign snp ady?

Hi, when u say u would like to "cancel " S&P and loan agreement, mean u did SIGN on the both documents?

Normally developer or their lawyer would not dare to charge buyer if the buyer didn't sign any document to formalise the deal.

The status of this case is according to lawyer, they already paid stamp duty to lhdn means the SPA and LA have already been stamped.

Free of charge for aborting SPA and LA after docs stamped? I don't think so.

Yeah, spa and la have been signed and stamped.

Before I proceed to switch to another unit, we did consulted the SA and their credit department for any additional charges.

I dont deal with the lawyer directly, all through the developer as they assigned everything.

I have concern on any additional charges from the lawyer and banker as well. But the developer told me not to worry and proceed with the new booking.

What should I do now? Can anyone advise me.. Im so helpless.

I cannot afford the abortive fee.

Please advise.

When you mention "developer told you not to worry", do u mean staff from their office or just their sales staff or in worse case, external sales agent?

My advice to u is now quickly go to developer office ask them to explain, if they promise you no fees will incur, then they can ask their lawyer to reverse the invoice.

When SPA and Loan agreement are stamped, mean the deal are officially done. Now I am more worry on the "stamp duty" mentioned by your lawyer. If they are referring to duty on MOT, then this can explain why the bill go up to over 10k, foresee more to come. If that is the case, that mean you are the current owner of this unit. (Stamping fee for SPA is just RM10, no big concern)

I still don't understand by how you can switch unit even after all documents are stamped. If Developer really promise you it is doable and should be free of charge, then ask them to settle the bill for you.

Start keeping all conversation record with the developer office, told them if this can not be settled as per what they promise you, u will consult HDA for advice. HDA is very helpful and they have lawyer on volunteer basis to assist house buyer.

Ur case is really "weird" to me, so hope u can take initiative to engage with developer office immediately for clear clarification

Good luck

Actually are you switching unit within same project from this developer? Or u now totally don't want to buy any more???

Your word "abortive fee" really making me blur. If just switching unit under consent of developer, then not a big concern. They should be able to get their lawyer to reverse the fees since they already promise you.

If you mean you actually want to totally cancel the deal now, don't want to buy it, then pls make sure you have enough money to settle all the bills and invoices coming to you.

Yeah, Im switching to a bigger unit within the same development.

Thats why Before i proceed, I double confirm with them, not just their sales exec, and also their credit department.

The lawyer is their associate, the developer should talk to them. I have no directly connection with the solicitor, all through developer.

But now the invoice is directly to me not the developer.

Please advise.

Not sure your developer is picking up it's responsibility. Suggest you have a 3 way conversation with the developer and the lawyer.

Messy.

Yeah, Its a mess.

I have talked to lawyer, but their attitude is someone must pay this bill, either developer or myself.

And from the developer side is dragging as well.

I try to attach the bill but no sensitive info. Can you guys help on which line items that actually can get refunded? Heard from another lawyer that the stamp duty on loan document can be refunded by lhdn.

Please help/

You cannot disregard the fact that the work was done and all documents were executed properly. So whatever happens between you and your developer... is between you 2. You still have to pay their fees etc. This is not a issue that no work was done. Even their disbursements etc. At most, talk to them and request for a discount. Hopefully you have the things said and done between you and the developer.

For the LHDN refund, it can be done. But prepared for a very long wait.

This post has been edited by digitalz: Mar 22 2021, 04:47 PM

Your best bet is to strike a deal with developer so they can help you pay the bill partially. Since in the end you are still buying a property from them, just pray that they will be kind enough to help you out.

If not, it's almost certain you have to pay the whole 10k.

Technically TS you should pay since you cancel the deal. Like what others say talk to the developer ask them to help to talk to the lawyer to reduce the fee.

Our side usually this kind of case the lawyer will charge us RM1k to RM2k only but again different lawyer will charge differently.

This post has been edited by Azsaz1lnxx: Mar 22 2021, 05:32 PM

Ok, now I can get the picture. I do believe you proceed to change the unit as per what developer told you with zero cost. As i can see the "Deed of Revocation" in your bill, meant the developer also aware and agreed and sign on it to revoke all the the earlier stamped agreements.

Do you still keep any record on the promise from developer office? This is the most important thing right now.

And also what is the status of documentation for new units? All signed? This is quite important also, can be supporting evidence to prove that you really proceed to terminate all earlier documents in order to change to bigger unit with developer's promise on zero cost , maybe can also provide us the timeline on when did you sign earlier documents, when were they stamped by lawyer, and when did you and developer sign the deed of revocation as well, and when do you sign documents for new bigger unit.

Hope this is just hip up between the lawyer and developer. Yes the lawyer has done their part, but the promise from developer is what trigger the revocation of earlier documents.

U can't talk to your current agent anymore, must bring the invoice and go up to their office to look for person in charge.

If developer really choose to push it to you, and you still keep the communication record, then give them final warning to settle the bill for you, or else you will file official complaint to Housing Development department, and eventually through tribunal court to claim for your losses.

The developer must either pay the bill for you or get their lawyer to reverse the invoice. The refund of stamp duty is their problem. PROVIDED YOU KEEP THEIR PROMISE IN BLACK AND WHITE.

Yeah, that is the last thing I can do.

Yes I do keep the whatapps messages and email between the sales agent and their credit department.

worst of all, when I proceed with the booking of the new unit, the previous spa has not been stamped by lhdn yet. So there is a huge miscommunication between the developer side. I got to know when I saw the date on the stamp and compare with my sales form.

Yes now Im talking to their credit management, I call them almost everyday, and all they said is wait.

Not good for both party if we go to court, and they might not necessary lose as they have their lawyer panel, while Im just alone.

Worst of all, is this case got exposed. it will affect their reputation as a developer. thats the last thing I can rely on for them to pay this bill for what they have promised. If I would there will be 10k extra, I will never proceed to change unit.

OMG, this is really ridiculous.

You are very kind to them, if same thing happened to me and they didn't solve it within a month in promising way, I will sure go up to their office or gallery and make sure each of them regret to be brought to this world by their parent.

I hope the developer office is now really trying hard to fix the issue. Maybe they just need time to get internal approval to settle the bill for you. So you must ask them what is their action plan now and force them update the status constantly until the invoice is settled or recersed.

Anyway, what you do is correct, try not to expose anything that might give them chance to say you are damaging their reputation, as they might use it as an excuse to file claim against you.

I think is good you can start print out all records and come out with clear chronological of events, in case really need to go to tribunal court.

If you have friend work in legal profession, can ask them for suggestion but keep it P&C. Otherwise you can call to national house buyers association and let them to advise on your situation, although your case is complicated.

https://www.hba.org.my/main.htm

Many years ago my developer forced me to waive the LAD for 50% if I wish to get the key soon, I was young that time and don't know what to do, until my colleague asked me call to HBA helpline for advice, the volunteers who picked up my call was a retired Lawyer, and he only asked me for the developer name after listen to my story. Few days later the developer office called me and said their staff made mistake in first call, and ask me to go collect the cheque when I have time, so in the end I received full LAD. But my issue was very simple and direct, by law developer must pay full LAD if they still want to continue their business.

No harm to seek advice from HBA.

Good luck

By far the most positive advice I get here.

Yeah, I dont want to make things too nasty. Just hope that they could sort out internally so that I dont have to pay the 10k. Its not a small amount for me.

Thank you for your advice. I will consult with hba side as well.

So far, they feedback to me that I have to sign the DRR from the lawyer, Deed of Revocation. But didnt mention any about the cost yet.

finger cross

Hi there, I read your costs and because I do not know the whole story I cannot tell you what happened.

But typically when you swopped the unit, it is not a simple law transaction to swop. What actually happens is for the swopped unit, you are actually signing a new SPA.

Now unless your developer has a gold of heart or they have done wrong, typically they will charge you for all the costs associated with the initial SPA. Developers by right only give you 1 free SPA, not 2.

I saw your costing, actually if the above is correct I think your developer let you off good. Please confirm with the lawyer if the 10k costs is for only the cancellation of the SPA. If so then I think some mistakes there. But if it is for the costs of the initial SPA plus the cancellation costs, then it is around that number depending on how far the transaction went.

Typically for a swopped unit, ie developer promises free SPA legal fee etc.... they only pay for 1 time. So you have to bear the costs of the first SPA totally, only then your second SPA is free. Sometimes the developer will also ask you to pay the other costs like commission for the first sold unit. Why? Because they already gave that commission to the person who made the sales. Unless the current unit is not booked to any sales agent and no one is helping you to deal with it.

Anyway I hope the above information helps you to clarify with your lawyer and developer. Sometimes they just act ignorant... someone needs to pay the costs and if it is not the developer fault legally (in name of law), there's nothing you can do.

Also going to court is a long and costly affair. If you can't afford 10k you can't go to court, I don't think tribunal court will handle the amount of your SPA. There's a limit to it and I cannot remember how much. BTW most lawyers do not want to go against banks or developers.

Good luck to you.

How about your loan agreement? You still have to forfeit it, right?