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 Agent stated wrong price in Booking form

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jetzxp
post Nov 20 2020, 11:18 AM

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QUOTE(mini orchard @ Nov 20 2020, 06:51 AM)
If booking form from agent is not valid, then the developer can just ignore any booking for whatever reasons .....

Can another buyer just proceed to book the same unit through another agent while pending loan approval as per ts case ? Just ignore the pricing rebate issue.
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You have a valid point.. I paid my booking and admin fee to the developer, they should have the responsible to check through our documents provided by agents to them right? How come they didnt notice the mistake for months rclxub.gif
airtawarian
post Nov 20 2020, 02:45 PM

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QUOTE(e-lite @ Nov 19 2020, 11:11 PM)
There is no need for these Kopitiam type of talk or shouting here. Yes, there is such thing as agent-principal. But in property transaction, the agent never signs on behalf of the seller/vendor/developer. He only signs as a witness for the purchaser's signature. So to test your brain skills on Contracts Act, you only have a one-sided offer which was not accepted yet. If the booking form is signed by all parties which is the buyer and seller, then yes the buyer is entitled to whatever is written in the booking form/offer/contract.

Next time, leave your Kopitiam talk at the Kopitiam
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You have A lot to learn under the law. There are so many wrong/mistake advise in your comment. Do not mislead anyone. I advise you don’t comment until you get professional legal advise. Ppl like you are endangering others.
airtawarian
post Nov 20 2020, 02:56 PM

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QUOTE(YeohKW @ Nov 19 2020, 11:05 PM)
I'm not sure why you can simply say people do not know the law. Are you a lawyer?

For project sales, any agreement signed is between the Developer and the Purchaser. Agents are engaged to facilitate the sales and process. At most, agents are there to be the witness between the 2 parties. If the form is signed by a agent, only the agent is liable for any wrongdoings and not the developer. Of cos you can argue this at civil court by engaging a lawyer.
For developer, when they engage an agency to market their development, the appointed agency normally will have to sign the appointment letter which state all the terms and conditions and some developer even go to the extend of getting them to sign of ABC policy (Anti bribery and corruption policy).

I have been dealing with a public listed developer recently and I can assured you that a reputable developer would not let a 3rd party sales agent to sign on their offer letter with their purchaser.

I hope this clear any doubts. As a REN, I can easily give advise for public to simply sue a developer, but do you know how much time and money it would cost to do so? If it can be settled peacefully with the developer just by talking to them first, why not? If they are not willing to help, then only seek legal advise. No?

I am not trying to make any argument here but to explain in my best possible way. If i offended anyone here, I apologize in advance.
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Perhaps you should get advise from professional. Understand What constitute a booking form? By the way, Just to inform You booking form sign by agency is legal under the law. Do You Even know that? When You are working with bhd co., Did Your management inform You it is illegal to collect deposit from purchaser under the booking form? There are So many things Done by developer Which has been reported by case law under appellant Court. Sometimes You need Come out from Your working zone and dont blindly follow whatever they ask You to do. Think think and think
mini orchard
post Nov 20 2020, 03:25 PM

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In a Principal (Developer) and Agency relationship, the important thing is their contract agreement ... what the agency can and cannot do.

If is done within the agreement scope, then the developer has to honour it, otherwise the developer can rely on exclusion clauses. The buyer can sue the agency or developer or both for damages. Is for developer to prove that the agency acted beyond the scope of duty allowed and hence not liable for the action of the agency.

On contrary, if there is no agreement between the developer and agency (which I doubt), then implied agency common law applies.

So is difficult to say who is right or wrong, but if there is no amicable solution between tbe three, then the buyer can seek legal remedy.

Like other professional bodies, property agencies are require to purchase professional indemnity insurance yearly to operate.
e-lite
post Nov 20 2020, 06:15 PM

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QUOTE(airtawarian @ Nov 20 2020, 02:45 PM)
You have A lot to learn under the law. There are so many wrong/mistake advise in your comment. Do not mislead anyone. I advise you don’t comment until you get professional legal advise. Ppl like you are endangering others.
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Thank you for showing that you have no substance and cannot engage in meaningful discussion
YeohKW
post Nov 21 2020, 02:06 AM

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QUOTE(airtawarian @ Nov 20 2020, 02:56 PM)
Perhaps you should get advise from professional. Understand What constitute a booking form? By the way, Just to inform You booking form sign by agency is legal under the law. Do You Even know that? When You are working with bhd co., Did Your management inform You it is illegal to collect deposit from purchaser under the booking form? There are So many things Done by developer Which has been reported by case law under appellant Court. Sometimes You need Come out from Your working zone and dont blindly follow whatever they ask You to do. Think think and think
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All booking fees are paid directly to developer. I think the developer you mentioned above are those who has wrong doing done to you. I’m not sure to what extent the damage has done, but it seems like you are here to complaint rather than to discuss.

U keep accusing others for being unprofessional, so if you don’t mind, can I know what’s your background then? A lawyer? A developer? Agent? Or any other professional? Maybe you can share with us on your professional opinions rather than just pointing out on others.

We are all here to share and discuss things. Everyone has their fair experience in property to share about here. To me, I just read and reply whenever I know the answer. Else I will just read and learn and not keep complaining.
mini orchard
post Nov 21 2020, 06:26 AM

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QUOTE(YeohKW @ Nov 21 2020, 02:06 AM)
All booking fees are paid directly to developer. I think the developer you mentioned above are those who has wrong doing done to you. I’m not sure to what extent the damage has done, but it seems like you are here to complaint rather than to discuss.

U keep accusing others for being unprofessional, so if you don’t mind, can I know what’s your background then? A lawyer? A developer? Agent? Or any other professional? Maybe you can share with us on your professional opinions rather than just pointing out on others.

We are all here to share and discuss things. Everyone has their fair experience in property to share about here. To me, I just read and reply whenever I know the answer. Else I will just read and learn and not keep complaining.
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QUOTE(YeohKW @ Nov 18 2020, 08:41 AM)
Correct. Cos the purchase is between purchaser and developer. Try talk to developer's management.
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If all booking fees are paid to developer, the booking form is deemed valid whether is signed by developer or otherwise.

Accepting a booking fee is good consideration to form a binding contract.

This post has been edited by mini orchard: Nov 21 2020, 06:28 AM
airtawarian
post Nov 21 2020, 10:52 AM

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QUOTE(e-lite @ Nov 20 2020, 06:15 PM)
Thank you for showing that you have no substance and cannot engage in meaningful discussion
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Hahaha. You get consultation from professional also need pay la. If Anything happen, You are always free to consult. I wont tell others. Sometimes ppl need to learn from mistake Then only they will learn hard way. When ppl tell him the Correct way dunwan listen Then got prob only seek assistance. God Bless you
airtawarian
post Nov 21 2020, 11:00 AM

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QUOTE(YeohKW @ Nov 21 2020, 02:06 AM)
All booking fees are paid directly to developer. I think the developer you mentioned above are those who has wrong doing done to you. I’m not sure to what extent the damage has done, but it seems like you are here to complaint rather than to discuss.

U keep accusing others for being unprofessional, so if you don’t mind, can I know what’s your background then? A lawyer? A developer? Agent? Or any other professional? Maybe you can share with us on your professional opinions rather than just pointing out on others.

We are all here to share and discuss things. Everyone has their fair experience in property to share about here. To me, I just read and reply whenever I know the answer. Else I will just read and learn and not keep complaining.
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Developer has Done Nothing Wrong to me But rather Naive ppl esp newbie on the street. So it is the responsibility of everyone to educate them and not to mislead them. I beg alot of things You are not aware of. From Your reply without Answering basic simple Q What is legal or illegal Already know Your understanding on the law governing developer

 

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