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signing s&p before apply loan?, problem
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TSirugalife
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Aug 28 2015, 10:57 PM, updated 11y ago
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New Member
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wanna ask all dai lou at here, recently i got rejister 1 house and already pay for the deposit. example 4k, they allowed me in 14 days need pay the remaining 10% deposit,
because im 1st time buying house and nvr get some advice, so i want to know, currently bank loan still hvnt reply me the status but devoloper already help me arrange signing S&P aggrement.
any advice that better settle loan approval only sign the S&P more secure or just go sign and pay the remaining 10%? please help me
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aurora97
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Aug 29 2015, 02:21 AM
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QUOTE(irugalife @ Aug 28 2015, 10:57 PM) wanna ask all dai lou at here, recently i got rejister 1 house and already pay for the deposit. example 4k, they allowed me in 14 days need pay the remaining 10% deposit, because im 1st time buying house and nvr get some advice, so i want to know, currently bank loan still hvnt reply me the status but devoloper already help me arrange signing S&P aggrement. any advice that better settle loan approval only sign the S&P more secure or just go sign and pay the remaining 10%? please help me What I did, I apply loan first than only sign SPA. the loan application and approval process very fast. Scan all your supporting documents and email to the bank officer. You should get a response within 1-2 (MAX)weeks. Just keep the Developer sales representative updated on your loan application status. It will save his time and your's, in the event your loan application get rejected. If i am not mistaken, if you signed the SPA and your loan application get rejected also you will get back your monies. (if i recall correctly). I advise you to check first with the sales representative or someone in forum can assist you.
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cdspins
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Sep 10 2015, 09:20 AM
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Wow... didn't imagine that the sale representative is so pushy.... In my opinion, you should hold of the S&P signing and delay to an agreeable date. Like aurora97 mentioned, 2 weeks will be more than sufficient to get loan offer letter.
Currently you already give 4k, if bank not approve, worst scenario is that you burnt your 4k. Imagine that you sign SnP and pay 10% downpayment, if you don't get a loan, that will be your problem and you burnt away more money.
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aurora97
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Sep 10 2015, 09:37 AM
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QUOTE(cdspins @ Sep 10 2015, 09:20 AM) Wow... didn't imagine that the sale representative is so pushy.... In my opinion, you should hold of the S&P signing and delay to an agreeable date. Like aurora97 mentioned, 2 weeks will be more than sufficient to get loan offer letter. Currently you already give 4k, if bank not approve, worst scenario is that you burnt your 4k. Imagine that you sign SnP and pay 10% downpayment, if you don't get a loan, that will be your problem and you burnt away more money. Correction. Booking fee dilemma Can the developer confiscate your booking fee?http://www.thestar.com.my/Business/Busines...-fee/?style=bizExtract:- QUOTE Can developers collect booking fee or deposit?
The sale and purchase agreement (Schedule G, H, I or J) as prescribed by the Housing Development (Control and Licensing) Regulations, 1989 (the Housing Regulations) provides very clearly how the purchase price is to be paid. The first 10% is payable immediately upon the signing of the sale and purchase agreement (SPA), not before.
No collection of any payment is allowed before the SPA is signed. Deposit, booking fee, advance payment, administration charges are just some of terms used by some devious developers in their vain attempts to circumvent or contract out of the Housing Regulations and to confuse, mislead and convince naïve house buyers especially the first-timers.
Collection of any payment by a housing developer before the signing of the SPA is an offence. This is very clear under the Housing Regulations and it does not matter what the developer calls it.
The Housing Regulation 11(2) stated: “No housing developer shall collect any payment by whatever name called except as prescribed by the contract of sale”. (In this context’ contract of sale means the SPA)
Commission of such an offence under the Housing Regulations means that the developer in question can be prosecuted, fined and/or even imprisoned under Regulations 13. Even those persons who knowingly and willfully aids, abets, counsel, procures or commands the commission of such an offence shall be liable to be punished.
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cdspins
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Sep 10 2015, 09:51 AM
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QUOTE(aurora97 @ Sep 10 2015, 09:37 AM) Correction. Booking fee dilemma Can the developer confiscate your booking fee?http://www.thestar.com.my/Business/Busines...-fee/?style=bizExtract:- The sad truth is law is one thing, execution of the law and reality is another thing. There is not a single developer that do not collect any fee before signing of S&P (be it the top 10 developers such as SPSetia, MahSing, Sunway, EcoWorld and etc.). Unless the buyer himself is all ready with bank offer letter and the signing can be done is 1 days or two so no booking is necessary
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peri peri
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Sep 11 2015, 04:04 PM
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only desperate developer or bad project will rush buyers sign spa then only apply loan.
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