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 cancellation after SPA stamped, i really appreciate help from otai here

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hanhanhan
post Jul 31 2018, 08:20 AM

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the rebates are not spelt out in the SPA, thus it is assumed that once u sign the SPA, you have paid 10% (check 3rd schedule , 1st item states 10% payable upon signing the agreement)

thus it's not wrong if developer state u need to forfeit/pay 10% of the SPA price.

However in your case, the 10% consists of your RM1k booking fee & the rebate given by developer. In short, it means that you just forfeit rm1k of your own money.

I'm sure there is a separate discount letter from the developer to say that the rebate is not for cash value bla bla bla so technically you'll need to fork out and 'return' back to developer the rebate.

If you refuse to pay (the 10% + legal fees), technically the developer can sue you to claim back that money.

However in practice it is not common for a developer to do so.
hanhanhan
post Jul 31 2018, 11:03 PM

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QUOTE(marzhooc @ Jul 31 2018, 02:28 PM)
also I have the understanding that the rebate only be applicable if I complete the SPA. Complete means I serve the SPA until VP.
Not sure if my understanding is correct.
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your understanding is correct.

which is why i said:-

QUOTE
If you refuse to pay (the 10% + legal fees), technically the developer can sue you to claim back that money.

However in practice it is not common for a developer to do so.
hanhanhan
post Dec 4 2024, 03:58 PM

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QUOTE(Jason2 @ Dec 3 2024, 09:28 PM)
Hi bosses,
Pardon me for tumpang-ing this old thread. Trying to cancel a signed and stamped SPA for an under construction property that came with rebate. Loan hasn't been disbursed. In addition to forfeiting the deposit already paid, developer is insisting for an additional payment, totalling to 10% of SPA price for the property. Unfortunately, I won't be able to fork out this huge sum. Any advice from bosses on how I may navigate this? Thanks very much in advance.
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total rebate how much?

how much actual money u paid?

what's the stage of construction now? below or above 50% completion?

tbh you'd have alot more to pay (legal fees, revocation fee, bank cancellation penalty).

 

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