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 Agent stated wrong price in Booking form

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mini orchard
post Nov 17 2020, 08:02 PM

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QUOTE(jacksonpoh89 @ Nov 17 2020, 05:20 PM)
I booked an unit in a new launch project. Done processing my loan and finally get approval.

Now the thing is when i visit the sales gallery and ask about the upfront payment i have to pay when sign SPA, and they go through the prices with me again.

And now I found out that my agent gave me the wrong nett price on my booking form. As I am entitled in a 10+5% rebate, the agent calculated the nett price 15% deducted straight away from the SPA price, which it is supposed to be deduct 10% then deduct 5% again. And the different between the actual nett price and the wrong nett price is around 7-8k.

I kept all the booking form black and white  signed by me and the agent.

Any advices?

p/s: the agent service is horrible, and I am really not satisfied with his services.
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A genuine mistake doesnt mean that they have to honour 7-8k .... but I think you should be given some rebate for the 'mistake'. Talk to the manager and have it sorted out. Come to a compromise. Someone is gonna pay for the rebate.

This post has been edited by mini orchard: Nov 17 2020, 08:18 PM
mini orchard
post Nov 20 2020, 06:51 AM

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QUOTE(e-lite @ Nov 17 2020, 08:54 PM)
Booking form signed by purchaser and agent alone is not valid. It needs to be signed by purchaser and seller/developer. If it is signed by all parties, then the booking form is valid and enforceable
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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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QUOTE(airtawarian @ Nov 19 2020, 10:08 PM)
Either You do not know the law or plain stupid. Understand the principle of agent and principal.

Do You know You will be EXPOSED to legal suits For negligent misrep If You give Wrong advise to whoever rely on your statement? If You not familiar seek legal advise
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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.

This post has been edited by mini orchard: Nov 20 2020, 06:53 AM
mini orchard
post Nov 20 2020, 09:06 AM

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QUOTE(YeohKW @ Nov 20 2020, 09:05 AM)
that's why developer will be the one to sign on the booking form and not the agent. Normally it's the sales manager to sign on it. Agent at most sign on the part where they are the salesperson. Acceptance of the booking still under developer.
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I dont think you answered my question ....

Can two or three person book the same unit if developer has not sign all the forms ?

This post has been edited by mini orchard: Nov 20 2020, 09:11 AM
mini orchard
post Nov 20 2020, 10:17 AM

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QUOTE(YeohKW @ Nov 20 2020, 09:46 AM)
Oh sorry.. i think i missed it. Here's another reason why it's not valid if its not signed by developer. Cos there might be multiple agents selling the same unit. So until the booking is accepted by developer, the sales is not confirmed yet. That's my understanding on project sales when dealing with developers, no matter big or small. This is to avoid conflicts when selling. And now to solve this issue, there's some companies who offer solution to this. Online booking. With this, sales agent can book online via a live system. real time availability. Once developer received all the necessary booking fees and documents, they will block the unit.

Hope this explain your question.
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If someone is a cash buyer, he can just overwrite another buyer's unit who has paid a booking fee to the agent pending loan approval?

If what you said is correct, then why are buyers charge admin fees for any cancellation booking if is not sign by the developer ?
mini orchard
post Nov 20 2020, 11:07 AM

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QUOTE(YeohKW @ Nov 20 2020, 10:51 AM)
in my knowledge and experience, it doesnt matter if you are a cash buyer, commercial loan or govt loan. As long as both purchaser and developer signed on the booking forms, it's subject to the terms and conditions agreed as stated in the forms.

for the second part of your questions. Sorry to say this but trust no one but the terms and conditions in the paper that you signed. Sometimes sales agent want to avoid the risk of losing they sales they will say anything to the purchaser. As a purchaser, know what is your right by going through the documents signed. Any doubt please ask the developer (manager in charge) for clarification.

But after all these questions posted. Can I clarify again on the "sales agent" side? The sales agent that you mentioned, is he/she from developer own sales team or 3rd party agencies appointed by the developer? Cos the answer I gave are based on 3rd party sales team appointed by developer.
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Again, you are not answering the question ...

If someone is a cash buyer, he can just overwrite another buyer's unit who has paid a booking fee to the agent pending loan approval?

YES / NO

If what you said is correct, then why are buyers charge admin fees for any cancellation booking if is not sign by the developer ?

Booking fee goes to who ? ..Developer or agency ? Who issue tbe refund ?
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.
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

 

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