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 Agent CANCELED my booking:

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TSRyk
post Oct 31 2020, 05:26 PM, updated 6y ago

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It was a bad experience for my first investment.

At first I approached agent A to view the house (subsales, afterward only I found there are a lots people post the same ads under same company at Mudah), A said have to ask her boss B (her manager) to open the house for me as that's his customer.

After checking all I decided to paid deposit, but then B said there is someone pay earlier than me, so have to queue until his customer got loan rejected.
After a few weeks, A called that the loan rejected mean is my turn I can submit the loan. Then she comes collect the deposit and asked me to sign documents etc.
And now the banker C follow up my loan. She said she already check in system CRRIS, I need to settle my PTPTN loan then should be no problem atleast 70% I can get the loan. I settled then wait.

Few days later, A called me again said B want to cancel my booking, as suddenly his client got the loan approved. I don't care, I said is my turn you can't cancel like that.

After two weeks (within this period I keep calling and whatsapp C to update my loan status, but she always said busy will get back to me), C replied my loan got rejected, and she said already help to appeal but unsuccessful too. I'm thinking, isn't C need more supporting documents from me to appeal?

Can I complaint A with his company (or any related organization to sue him), or C (I'm thinking maybe can complaint to Bank Negara)

Can someone advice me?
mini orchard
post Oct 31 2020, 05:35 PM

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QUOTE(Ryk @ Oct 31 2020, 05:26 PM)
It was a bad experience for my first investment.

At first I approached agent A to view the house (subsales, afterward only I found there are a lots people post the same ads under same company at Mudah), A said have to ask her boss B (her manager) to open the house for me as that's his customer.

After checking all I decided to paid deposit, but then B said there is someone pay earlier than me, so have to queue until his customer got loan rejected.
After a few weeks, A called that the loan rejected mean is my turn I can submit the loan. Then she comes collect the deposit and asked me to sign documents etc.
And now the banker C follow up my loan. She said she already check in system CRRIS, I need to settle my PTPTN loan then should be no problem atleast 70% I can get the loan. I settled then wait.

Few days later, A called me again said B want to cancel my booking, as suddenly his client got the loan approved. I don't care, I said is my turn you can't cancel like that.

After two weeks (within this period I keep calling and whatsapp C to update my loan status, but she always said busy will get back to me), C replied my loan got rejected, and she said already help to appeal but unsuccessful too. I'm thinking, isn't C need more supporting documents from me to appeal?

Can I complaint A with his company (or any related organization to sue him), or C (I'm thinking maybe can complaint to Bank Negara)

Can someone advice me?
*
Buy another property.

It could be a blessing .... whether you believe or otherwise.
MUM
post Oct 31 2020, 05:35 PM

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Most probably... Best is post at property section...

Btw, the deposit taking process got documentation mentioning that that property will be reserved for you indefinitely?
Your loan is still not yet approved, thus I think they should be able to sell to others first.
Did they returns you the deposits?
mini orchard
post Oct 31 2020, 06:14 PM

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QUOTE(MUM @ Oct 31 2020, 05:35 PM)
Most probably... Best is post at property section...

Btw, the deposit taking process got documentation mentioning that that property will be reserved for you indefinitely?
Your loan is still not yet approved, thus I think they should be able to sell to others first.
Did they returns you the deposits?
*
If a buyer dont play an active role in his purchase and leave everything to an agent, he is subjected to manupilation at the agent's discretion.
TSRyk
post Oct 31 2020, 08:08 PM

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You are right, I have the same thought *lovely*
TSRyk
post Oct 31 2020, 08:08 PM

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QUOTE(mini orchard @ Oct 31 2020, 05:35 PM)
Buy another property.

It could be a blessing .... whether you believe or otherwise.
*
You are right, I have the same thought thumbup.gif

TSRyk
post Oct 31 2020, 08:17 PM

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QUOTE(MUM @ Oct 31 2020, 05:35 PM)
Most probably... Best is post at property section...

Btw, the deposit taking process got documentation mentioning that that property will be reserved for you indefinitely?
Your loan is still not yet approved, thus I think they should be able to sell to others first.
Did they returns you the deposits?
*
I think the purpose of deposit is to hold the house till my loan got approve/rejected right?
They said will return my deposit.
MUM
post Oct 31 2020, 09:11 PM

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QUOTE(Ryk @ Oct 31 2020, 08:17 PM)
I think the purpose of deposit is to hold the house till my loan got approve/rejected right?
They said will return my deposit.
*
since you mentioned that "C replied my loan got rejected, and she said already help to appeal but unsuccessful too".

thus they did held till your loan got rejected, right?

unless they did not return you the deposit, i think going to BNM also cannot do much
TSRyk
post Oct 31 2020, 09:15 PM

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QUOTE(MUM @ Oct 31 2020, 09:11 PM)
since you mentioned that "C replied my loan got rejected, and she said already help to appeal but unsuccessful too".

thus they did held till your loan got rejected, right?

unless they did not return you the deposit, i think going to BNM also cannot do much
*
They didn't. A said actually in the process of my loan application, B already asked the buyer sign agreement and bank letter (LOL or something like that)
This is what I feel angry the most. Like WTF with A and B.
Pichu00
post Oct 31 2020, 09:37 PM

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Loan banker work with agent closely one la.
YeohKW
post Nov 2 2020, 04:40 PM

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Hope this can help.

1. Did you sign any offer to purchase letter or letter of intent to purchase? All registered agency should have the letter and to be signed upon you paying any earnest deposit to the agency. If yes, then you can refer to the terms and conditions stated in the form. Normally after both purchaser and sellers sign on the form, any party who decided to back out will subject to penalty. (in this case, if owner withdraw, then under a common rule owner will have to return your earnest deposit and compensate an amount equivalent value to the earnest deposit.

2. But if you did not sign anything, then basically the owner is not liable to any legal issues as he didnt accept your offer in the first place. Such, you can only deal with the agent. If you want, you can complain the said REN to the agency or directly to BOVAEP. here's the email address: complaint@lppeh.gov.my


airtawarian
post Nov 14 2020, 04:22 PM

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You are stupid. Do not ever Trust agent. Get a copy of booking fees and sue until they beg u
YeohKW
post Nov 14 2020, 07:38 PM

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From: Kota Kinabalu, Sabah


QUOTE(airtawarian @ Nov 14 2020, 04:22 PM)
You are stupid. Do not ever Trust agent. Get a copy of booking fees and sue until they beg u
*
seems like you have a very bad experience with agents.... mind to share? at least can let some other people know what could happen if they come across a bad one too...

Even myself as a REN, i do advise clients to do due diligence before committing. Can listen to all comments/advise but in the end, buyer must remember to do their own analysis before placing the deposit.

liyanakahar
post Nov 16 2020, 10:20 AM

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usually purchasing form/booking form will state that SPA must be signed by buyer within 14days to 21days from the booking form date else consider as void contract.

from your case, i believe it is already exceeding 21days
mini orchard
post Nov 16 2020, 11:45 AM

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QUOTE(liyanakahar @ Nov 16 2020, 10:20 AM)
usually purchasing form/booking form will state that SPA must be signed by buyer within 14days to 21days from the booking form date else consider as void contract.

from your case, i believe it is already exceeding 21days
*
Buyer seller are not compel to sign snp within the stipulated date in the booking form if the terms are still within negotiation. There are SnP signed after few months from booking form date.

Terms in SnP must be reasonable and acceptable to both and one party cannot imposed unfair terms just to void the sale purchace.
liyanakahar
post Nov 16 2020, 03:31 PM

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QUOTE(mini orchard @ Nov 16 2020, 11:45 AM)
Buyer seller are not compel to sign snp within the stipulated date in the booking form if the terms are still within negotiation. There are SnP signed after few months from booking form date.

Terms in SnP must be reasonable and acceptable to both and one party cannot imposed unfair terms just to void the sale purchace.
*
i believe it is all about mutual agreement. as long as buyer's loan is approved, seller or agent won't border to abort the deal.
but refer to TS situation, his loan is not approved yet and exceed the time bar given, usually agent will just cancel his and refund the booking fee if there is another buyer which can fulfill the deal
mini orchard
post Nov 16 2020, 03:37 PM

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QUOTE(liyanakahar @ Nov 16 2020, 03:31 PM)
i believe it is all about mutual agreement. as long as buyer's loan is approved, seller or agent won't border to abort the deal.
but refer to TS situation, his loan is not approved yet and exceed the time bar given, usually agent will just cancel his and refund the booking fee if there is another buyer which can fulfill the deal
*
Agent has NO authority to cancel a booking without prior consent from the seller.

Agent has to obtain consent verbally from seller b4 accepting another booking.

Seller might have a change of mind to sell if the first buyer opted out or he could have his own buyer and save on agent's fee.

This post has been edited by mini orchard: Nov 16 2020, 03:42 PM
liyanakahar
post Nov 16 2020, 04:47 PM

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QUOTE(mini orchard @ Nov 16 2020, 03:37 PM)
Agent has NO authority to cancel a booking without prior consent from the seller.

Agent has to obtain consent verbally from seller b4 accepting another booking.

Seller might have a change of mind to sell if the first buyer opted out or he could have his own buyer and save on agent's fee.
*
yeah, agent has no right to cancel, but, to me, agent is always the mastermind behind

 

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