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 Can i sign S&P before loan approval?

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TSalwjmonster
post Jul 1 2015, 01:48 PM, updated 11y ago

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hi to all lowyat forumer, i wanna ask if i can sign S&P 1st before loan approval, actually i got bank approved my loan, but the interest was high (4.95%) so i am waiting other bank to approve, while the property owner rush me to sign S&P 1st because she is going back kedah and will not free.. my question is can i request lawyer for S&P before i choose my loan? pls help
Minolta
post Jul 1 2015, 07:33 PM

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Yes
Learjet35
post Jul 1 2015, 07:54 PM

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Yes..but then u have to agree to whatever interest bank charge u.
kikilai
post Jul 1 2015, 07:58 PM

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QUOTE(alwjmonster @ Jul 1 2015, 01:48 PM)
hi to all lowyat forumer, i wanna ask if i can sign S&P 1st before loan approval, actually i got bank approved my loan, but the interest was high (4.95%) so i am waiting other bank to approve, while the property owner rush me to sign S&P 1st because she is going back kedah and will not free.. my question is can i request lawyer for S&P before i choose my loan? pls help
*
Since your Loan approved, must sign SPA 1st..
TSalwjmonster
post Jul 1 2015, 08:21 PM

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QUOTE(kikilai @ Jul 1 2015, 07:58 PM)
Since your Loan approved, must sign SPA 1st..
*
haha i haven sign the offer letter yet, because the interest is high, i'm waiting other bank offer, but the owner rush me to sign SPA... sad.gif i can sign 1st right? then only i sign for offer letter to whichever bank offer the lower rate.
LanEvo8
post Jul 1 2015, 09:12 PM

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No need to rush sign S&P.If she is keen selling to you,appointed lawyer will handle the sigining S&P
ed1torz
post Jul 1 2015, 10:00 PM

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rdy to lose .05 of property price if void....better than lo penalty
Tavia88
post Jul 1 2015, 10:01 PM

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QUOTE(alwjmonster @ Jul 1 2015, 01:48 PM)
hi to all lowyat forumer, i wanna ask if i can sign S&P 1st before loan approval, actually i got bank approved my loan, but the interest was high (4.95%) so i am waiting other bank to approve, while the property owner rush me to sign S&P 1st because she is going back kedah and will not free.. my question is can i request lawyer for S&P before i choose my loan? pls help
*
Hi, since there's bank approved yr loan, means you cant cancel your purchase already right? As per normal offer to purchase form. So, its up to you to sign the SnP first or not. SIGNING the SnP requires you to pay the balance deposit and also legal fees together with stamp duty.


wild_card_my
post Jul 1 2015, 11:34 PM

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QUOTE(alwjmonster @ Jul 1 2015, 01:48 PM)
hi to all lowyat forumer, i wanna ask if i can sign S&P 1st before loan approval, actually i got bank approved my loan, but the interest was high (4.95%) so i am waiting other bank to approve, while the property owner rush me to sign S&P 1st because she is going back kedah and will not free.. my question is can i request lawyer for S&P before i choose my loan? pls help
*
Yes you can. Some customers approach me with the same predicament, where I would help them getting better rates. However, keep in mind that typically there is a 90 + 30 days from the date of signing of the S&P to the full disbursement of the remaining purchase price, so if you delay too much, your bank, loan-agreement lawyer, and other parties may not make it in time for the full disbursement.

Then you would get to pay the daily-rest penalty biggrin.gif

A note though, depending on the type of the house and the loans that you would be getting like a government loan, or if the property is encumbered with a government loan, it is possible that the 90 + 30 days deadline to start only:

- upon approval by the government loan processing office (because they are so slow)
- upon consent by the state for transfer of rights (for leasehold property)

You need a lawyer who is experienced in the conveyancing industry to make sure that they are protecting your interests.

QUOTE(Tavia88 @ Jul 1 2015, 10:01 PM)
Hi, since there's bank approved yr loan, means you cant cancel your purchase already right? As per normal offer to purchase form. So, its up to you to sign the SnP first or not. SIGNING the SnP requires you to pay the balance deposit and also legal fees together with stamp duty.
*
There are ways to get out of that. A person could apply from multiple banks, 1 would be approved (with horrible terms and conditions), while the other 2 gets rejected. And they use the rejection letter from the other 2 to prove that their loans have been rejected and refuse to proceed with the purchase.

This post has been edited by wild_card_my: Jul 1 2015, 11:36 PM
aurora97
post Jul 2 2015, 08:17 AM

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Let me have a dig at this...

If you sign the SPA without securing your loan:-
From developer, you will be subject to progressive billing for each stages of the project + late payment interest.

Subsale, you have to get your loan approved within 3 months, failing which u get charge late penalty interest on the balance purchase price.
wild_card_my
post Jul 2 2015, 08:36 AM

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QUOTE(aurora97 @ Jul 2 2015, 08:17 AM)
Let me have a dig at this...

If you sign the SPA without securing your loan:-
From developer, you will be subject to progressive billing for each stages of the project + late payment interest.

Subsale, you have to get your loan approved within 3 months, failing which u get charge late penalty interest on the balance purchase price.
*
This is correct I agree with your points.

Btw are you like 19 years old...? based on your nickname. Thats very young. Youth is good.
aurora97
post Jul 2 2015, 08:42 AM

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QUOTE(wild_card_my @ Jul 2 2015, 08:36 AM)
This is correct I agree with your points.

Btw are you like 19 years old...? based on your nickname. Thats very young. Youth is good.
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Lol... Would be great if I can have all my youthfulness back.

This post has been edited by aurora97: Jul 2 2015, 08:43 AM
SUScute_miao
post Jul 3 2015, 10:11 AM

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definately can.
WaCKy-Angel
post Jul 3 2015, 10:13 AM

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QUOTE(alwjmonster @ Jul 1 2015, 01:48 PM)
hi to all lowyat forumer, i wanna ask if i can sign S&P 1st before loan approval, actually i got bank approved my loan, but the interest was high (4.95%) so i am waiting other bank to approve, while the property owner rush me to sign S&P 1st because she is going back kedah and will not free.. my question is can i request lawyer for S&P before i choose my loan? pls help
*
Legal fees actually included posting the S&P to the owner for signature.
im sure lawyer will charge u regardless of the owner staying at KL or even Perlis.
maraippo
post Jul 3 2015, 10:18 AM

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QUOTE(wild_card_my @ Jul 1 2015, 11:34 PM)
Yes you can. Some customers approach me with the same predicament, where I would help them getting better rates. However, keep in mind that typically there is a 90 + 30 days from the date of signing of the S&P to the full disbursement of the remaining purchase price, so if you delay too much, your bank, loan-agreement lawyer, and other parties may not make it in time for the full disbursement.

Then you would get to pay the daily-rest penalty biggrin.gif

A note though, depending on the type of the house and the loans that you would be getting like a government loan, or if the property is encumbered with a government loan, it is possible that the 90 + 30 days deadline to start only:

- upon approval by the government loan processing office (because they are so slow)
- upon consent by the state for transfer of rights (for leasehold property)

You need a lawyer who is experienced in the conveyancing industry to make sure that they are protecting your interests.
There are ways to get out of that. A person could apply from multiple banks, 1 would be approved (with horrible terms and conditions), while the other 2 gets rejected. And they use the rejection letter from the other 2 to prove that their loans have been rejected and refuse to proceed with the purchase.
*
wow....never thought of that. thanks for the trick bro. all these while i thought as long as 1 approve die2 have to proceed the purchase

wild_card_my
post Jul 3 2015, 03:56 PM

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QUOTE(maraippo @ Jul 3 2015, 10:18 AM)
wow....never thought of that. thanks for the trick bro. all these while i thought as long as 1 approve die2 have to proceed the purchase
*
Thats why some agents insist on getting as many rejection letters as possible.

 

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