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 Booking form withheld by agent

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TSkim.hyc
post Oct 14 2018, 11:54 PM, updated 8y ago

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I paid the earnest deposit for a subsale house recently and the property agent promised to process my mortgage and all, but with Bank A through his contact.

I kept a good track of my financials, and I'm pretty sure I have better chance with Bank B or C, which offers better interest rate so I had asked the copy of booking form so that I may submit to other banks on my own, to keep my options open. But this agent refused to give me the copy, and insisted that I only take up mortgage from Bank A. My question is;

1) Am I obliged to take up mortgage from Bank A as proposed by the agent only? No other option?

This isnt the case during my first subsale purchase, where a different agent gave an option whether I submitted for mortgage on my own or through him.

And on another 2 occassions where I managed the purchase for my family members, the agent never forced a bank on us like this.

2) He sort of threaten to pull out from the process altogether when I asked for the copy the second time. I think the agent is obliged to produce a copy to me, after owner has signed, and I paid the earnest deposit, no?

What do I do now?
ketnave
post Oct 15 2018, 12:01 AM

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From: douchistan, pekopon


QUOTE(kim.hyc @ Oct 14 2018, 11:54 PM)
I paid the earnest deposit for a subsale house recently and the property agent promised to process my mortgage and all, but with Bank A through his contact. 

I kept a good track of my financials, and I'm pretty sure I have better chance with Bank B or C, which offers better interest rate so I had asked the copy of booking form so that I may submit to other banks on my own, to keep my options open. But this agent refused to give me the copy, and insisted that I only take up mortgage from Bank A. My question is;

1) Am I obliged to take up mortgage from Bank A as proposed by the agent only? No other option?

This isnt the case during my first subsale purchase, where a different agent gave an option whether I submitted for mortgage on my own or through him.

And on another 2 occassions where I managed the purchase for my family members, the agent never forced a bank on us like this.

2) He sort of threaten to pull out from the process altogether when I asked for the copy the second time. I think the agent is obliged to produce a copy to me, after owner has signed, and I paid the earnest deposit, no?

What do I do now?
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Maybe you can get some info here:
http://www.miea.com.my/faq/general-public
TSkim.hyc
post Oct 15 2018, 12:13 AM

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I did refer to the board's website first, but found nothing. I intend to call in their office to get further clarification. Just wanted to find out other people's opinions first.
AvenueX
post Oct 15 2018, 12:18 AM

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QUOTE(kim.hyc @ Oct 14 2018, 11:54 PM)
I paid the earnest deposit for a subsale house recently and the property agent promised to process my mortgage and all, but with Bank A through his contact. 

I kept a good track of my financials, and I'm pretty sure I have better chance with Bank B or C, which offers better interest rate so I had asked the copy of booking form so that I may submit to other banks on my own, to keep my options open. But this agent refused to give me the copy, and insisted that I only take up mortgage from Bank A. My question is;

1) Am I obliged to take up mortgage from Bank A as proposed by the agent only? No other option?

This isnt the case during my first subsale purchase, where a different agent gave an option whether I submitted for mortgage on my own or through him.

And on another 2 occassions where I managed the purchase for my family members, the agent never forced a bank on us like this.

2) He sort of threaten to pull out from the process altogether when I asked for the copy the second time. I think the agent is obliged to produce a copy to me, after owner has signed, and I paid the earnest deposit, no?

What do I do now?
*
2) I believe that he wants to earn the 1% referral fee given by Bank A (probably his friend).

What I would advise you to do is to insist on it. You have the RIGHT to try your loan with Bank B C D E F G. This is because different banks offer different interest rates. It is not fair as a buyer to be tied down to this.

You may give a call to the Office of this Agent. File a complaint and tell them your rights as a purchaser have been taken away from you.

2) You are obliged to receive a copy of the booking form. Give him an ultimatum or contact the seller directly through the appointed lawyer.
TSkim.hyc
post Oct 15 2018, 02:33 AM

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Can he actually pull out from the whole thing i.e: cancel my booking, refund the earnest deposit?

Or is he obliged to see that I get my copy of the form without him being able to cancel the booking as and when he pleases? I was under the impression that an agent may only refund if purchaser is unable to obtain a mortgage(unfortunately there is no written statement anywhere on this one) or if the vendor cancels the transaction.

I actually really really liked the house, and do not want it to be cancelled. He made it sound like, if I insist, then he cancel the whole thing.


nookie188
post Oct 15 2018, 08:39 AM

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QUOTE(kim.hyc @ Oct 15 2018, 02:33 AM)
Can he actually pull out from the whole thing i.e: cancel my booking, refund the earnest deposit?

Or is he obliged to see that I get my copy of the form without him being able to cancel the booking as and when he pleases? I was under the impression that an agent may only refund if purchaser is unable to obtain a mortgage(unfortunately there is no written statement anywhere on this one) or if the vendor cancels the transaction.

I actually really really liked the house, and do not want it to be cancelled. He made it sound like, if I insist, then he cancel the whole thing.
*
no of course he cant! he is trying to earn a commission from his bank contact- its totally unprofessional of him not to give you the booking
form and you should call his agency and speak to the person in charge.

an agent CANNOT cancel a confirmed transaction unilaterally -call his bluff!

 

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