QUOTE(barney @ Nov 4 2020, 10:55 AM)
I am selling (sub sale) my first house and got a buyer to agree to my selling fee. Agent already collected 3% earnest fee as booking. After a little over a month later, agent tells me the buyer documentation not so good, bank cannot approve them yet. So the buyer now trying to use alternative ways like getting a guarantor or having a 2nd name on the loan. Its frustrating for me as don't the buyer check if they are financially fit to buy a house that they really want first?? But that is not for me to judge.
So lets put the worst case scenario, what if the buyer tried all tricks and still cannot get the loan approval and have to back out the buying process. Now what happens next? The 3% earnest fee that they paid burn? The 3% earnest fee will give back some to the buyer and remaining will cover the lost of time between the agent and the seller? Or all 3% will give back to buyer?
First house im trying to sell and this happens, so want to know what is to be expected if things don't go according to plan (which I HOPE it don't reach this point la....).
Look back at the documents signed. Normally it doesnt take that long to get to know the status of loan. And if the REN is the one who assist the buyer, he/she should know the answer in less than 2 weeks. So lets put the worst case scenario, what if the buyer tried all tricks and still cannot get the loan approval and have to back out the buying process. Now what happens next? The 3% earnest fee that they paid burn? The 3% earnest fee will give back some to the buyer and remaining will cover the lost of time between the agent and the seller? Or all 3% will give back to buyer?
First house im trying to sell and this happens, so want to know what is to be expected if things don't go according to plan (which I HOPE it don't reach this point la....).
In most cases, if buyer unable to secure a loan, vendor will have to return the earnest deposit to the purchaser. But of course, you can also argue on this matter, such as to ask for bank rejection letter(s). If they are able to provide one then you will have to return it. Do bear in mind that you need to have it stated on the Offer Letter that in the event purchaser's loan is rejected, purchaser will need to provide a rejection letter to get his earnest deposit returned. Anything that not written in any legal documentations is subject to argument and eventually will be solved under Common Law principle.
Nov 4 2020, 04:48 PM

Quote
0.0149sec
0.65
6 queries
GZIP Disabled