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 How to claim back booking fees?, developer without ADPL

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mini orchard
post Aug 25 2020, 05:30 AM

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QUOTE(Andicom @ Aug 25 2020, 12:33 AM)
Hi,

I'm currently in the same boat. Loan was successful but only 80% which we don't like to take up.

Decided to not continue. Have not signed any offer letter from the bank.

Now agent wants to see Rejection Letter from bank before can refund.

What can I do?
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Discuss with the bank the possibility of increasiing the %. Show more supporting documents, if possible.
mini orchard
post Aug 25 2020, 02:18 PM

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QUOTE(Andicom @ Aug 25 2020, 01:20 PM)
Actually we tried that with an appeal. Apparently, the bank rejected as they are being cautious due to another possible MCO. I didn't received any letter on it either, it's just information from the bank officer.
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What is stated in the booking form ? Anything mentioned about 90% loan ?
mini orchard
post Oct 10 2020, 02:07 PM

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QUOTE(recife @ Oct 10 2020, 01:56 PM)
I recently also paid a booking fee of RM1k to this agent and he said will fully refund back the money if I decide to cancel. I believe he will do it so. But my concern is I have signed a pre-contract due diligence and request for option to purchase. Should I ask for the agent to ask send me a cancellation T&C?

Essentially I’m just worried if there’s legal implication in the future if there’s no B&W that I have cancel this.

Thanks and sorry if this is a noob questions.
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Any cancellation tnc must be included in the option to purchase contract. If is not stated, is your word against the agent. Hopefully the agent will honour what he promised and whether there is an admin fee for cancellation ... if is RM1k, meaning no refund.
mini orchard
post Oct 10 2020, 03:52 PM

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QUOTE(recife @ Oct 10 2020, 03:38 PM)
In the option to purchase T&C, it does state “to refund or cause to be refunded the security money (booking fee) free of interest should I fail to perform any of my obligation as stipulated in clause...”

The “clause” talks about responsibility of buyer to apply for loan etc.

But I’m just scared (for some reason) that if I cancel this booking, that there would somehow be any legal consequences later down the road, so I thought is it advicable for me to also get a signed T&C from the agent to confirm this cancellation?
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If you are worried about bank loan, ask the agent to recommend a bank loan officer of your choice banks. He should have many contacts. Whether approved or rejected, he will know.

When is approved and you have no intention to follow up with the purchase, then the deposit will be forfeited without any further penalty or liability. The unit you have chosen is then open to other buyers.

I dont think there is any further confirmation to add if is stated in the option to purchase contract.

This post has been edited by mini orchard: Oct 10 2020, 04:03 PM
mini orchard
post Nov 29 2021, 11:20 AM

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QUOTE(MalcomShorten @ Nov 29 2021, 11:17 AM)
It depends on the developer right?
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Depend on what term ?

This post has been edited by mini orchard: Nov 29 2021, 11:20 AM

 

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