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 possible to cancel after signing SNP?

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wayton
post Nov 14 2019, 01:00 PM

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QUOTE(mini orchard @ Nov 14 2019, 10:49 AM)
If you are worried about the 20k, then you should also be worried on the 10%.

Even without the 20k, if the seller wants to cheat, he can also abort the deal after signing without returning the deposit.

Either way, you need to sue him for specific performance as stated in the snp.

If you worried too much about cheating, I dont think you will ever sell or buy anything.

Let your lawyer do the ground work to protect your interest.
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Normally the property is caveat once entering Snp, so if seller doesn't return the earnest deposit, buyer has the right to caveat,. Once caveat, the property cannot be sold.

Every Snp has own risk of default, that's why lawyer always draft clause of forfeiture clause on earnest deposit.
wayton
post Nov 14 2019, 02:26 PM

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QUOTE(mini orchard @ Nov 14 2019, 01:03 PM)
Yes, correct.

That why snp has the 'specific petformance' clause to compel the seller MUST sell to the buyer.

You dont caveat only when seller defaults. Caveat is done IMMEDIATELY when snp signed. So the bold statement is unnecessary.

Caveat is on first come first serve basis. If an early buyer caveat ahead, then ts can kiss his deposit bye bye. That is why an experienced lawyer is important.

Dont slash his fee ... he may only earn from you once.
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Already mentioned caveat once entering Snp.
In normal situation when Snp collapsed, buyer needs to drop the caveat. Buyer cannot caveat once Snp collapsed, buyer can get sue if continue caveat without reason.
wayton
post Nov 14 2019, 02:29 PM

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Get lawyer advice, don't just simply doing side deal with seller. Everything follow black and white Snp.
Don't pay cash directly to seller either.
wayton
post Nov 14 2019, 03:24 PM

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QUOTE(Tigerr @ Nov 14 2019, 02:58 PM)
I also have a question. Currently i am selling one of my house. The buyer not signing booking form and the buyer go engage lawyer to help him buy the property n he is trying to secure a 100% loan. He also did not pay me any booking fees too as he worried if his loan failed n i dont want to return his booking fees.

Anyway. I just told the agent let him go do whatever he wants but if he able to secure the 100% loan. Then i definately will collect 10% downpayment upon signing snp.

The agent already asked for my geran as the said his banker n lawyer needs that.

Is this weird?
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It is called "earnest deposit", to show sincerity in purchasing your property, instead of talk without essence.

Normally, you as seller impose a time frame for it, 2 weeks or 1 months time to sign the SNP (after receive the earnest deposit) to collect 10% downpayment., as you don't want to miss other buyer (if the current buyer doesn't proceed to buy).
Loan approval normally proceed quite fast nowadays if the buyer has the financial capability, or meet the loan requirement.

Please engage lawyer before accept any deposit (including earnest deposit), as it is always need to come with clauses, you don't want some clauses that are in favour, as sometimes SNP can drag too long, which is disadvantage to seller.

Yes, it is normal for seller to show the property title to buyer banker and lawyer to verify the property is indeed yours.
Buyer also scare of fake seller.

 

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