Under the HDA, the developer is not allowed to collect any booking/admin fee. 10% deposit is to be paid upon signing of SPA. The act of collecting such booking is illegal.
Likewise, the act of forfeiting such amount as processing/admin fee if the purchaser does not sign the SPA is illegal. The full amount must be refunded in full if the purchaser does not sign the SPA. The only way for the developer to forfeit an amount is if the SPA is signed but the purchaser fails to obtain a loan. A nominal sum of 1% is allowed to be forfeited. This is provided for in the Schedule H template in the HDA and you can find it in most SPAs as well.
If the developer refuses to refund or forfeits a portion of it, you can go to the Consumer Claims Tribunal and lodge a complaint. You do not need to appoint a lawyer and can act on your own. There have been successful cases before where the developer was ordered to refund any forfeited sum.
Cheers.
Savanna Executive Suites, Freehold by Mahsing
Sep 20 2013, 04:41 PM
Quote
0.0376sec
0.61
7 queries
GZIP Disabled