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 What are my chances ?

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mini orchard
post Nov 30 2021, 10:34 AM

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QUOTE(Sotsotzaii @ Nov 30 2021, 09:41 AM)
So macam ni how ? Agent ada highlight cakap, " I hope you know my processing fee of 1% is due to be pay upon SPA signing " of course this one we know, we are ready and prepared to pay for 1% agent fee, so apa masalah ? Memang tipu ke atau betul betul cakap ? So do we wait ? Sebab if agent dont release copy of title deed for us, how we go bank ? We can't proceed with bank unless agent say Ok, u now pay deposit first, then u go do bank loan.
We viewed the house yesterday, decided to buy it, and was plan to go to bank for bank loan today, but yesterday we requested for the copy of title deed of the house to show the bank, but that's when agent told me about there's this other party, who is the owner's friend who viewed the house 3 weeks ago, so owner is now asking his friends if they still interested, if they not, then agent will proceed to give us copy of a title deed, what do u think of all of this ?
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In JB and Penang, buyer and seller have to pay agent's commission .... 1% each.

Is up to the seller who he wants to sell the house if there are 2 interested parties. Logically, he will go for the higher offer price irrespective the relationship UNLESS he dont love money.

Maybe the seller has promised his friend to revert to him if there is another buyer which is what he is doing. He cant wait for his answer forever and any right thinking seller would give a timeframe.

You tell the agent if you dont receive a reply by a certain date, then is no go.

If after the due date and if the house is not sold, then is up to you. If I am buyer, I will make a new offer.
InitialB
post Nov 30 2021, 10:42 AM

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QUOTE(Sotsotzaii @ Nov 30 2021, 09:54 AM)
Yes for this part we understand, but we are at the very start, basically my situation now is, we are waiting for agent to give us the go ahead to go to bank, because now agent say got other party considering 3 weeks ago, so the owner of that property need to ask that other party first, if that other party tak nak, then agent will let us know, then only we can go bank, otherwise we go bank also no use right if agent didn't tell us to proceed ?
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You bagi deadline to agent.

Usually SPA 21 days (3 week)

Apa ranciao 3 week lagi?
TSSotsotzaii
post Nov 30 2021, 10:47 AM

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QUOTE(InitialB @ Nov 30 2021, 10:42 AM)
You bagi deadline to agent.

Usually SPA 21 days (3 week)

Apa ranciao 3 week lagi?
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Latest update from agent - Wife discussing with the husband ( owner ) on who to let handle the deposit payment, agent or their own lawyer, so means owner already accept to accept our deposit ? Otherwise they wouldn't be discussing let who to handle deposit.
C_ST
post Nov 30 2021, 11:44 AM

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Ur agent making stories only la i suppose...

Booking fees (i.e. 3%) to be paid to agent's realty COMPANY bank account, then balance (i.e. 7% when sign SPA) to be paid to ur lawyer, ur lawyer will settle with their lawyer. I suppose its similar no matter in which states' practice...

Like others said, set a deadline for ur agent. Since ur agent stories' is owner agreed to proceed, then ur deadline set it nearer.

mini orchard
post Nov 30 2021, 11:51 AM

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QUOTE(C_ST @ Nov 30 2021, 11:44 AM)
Ur agent making stories only la i suppose...

Booking fees (i.e. 3%) to be paid to agent's realty COMPANY bank account, then balance (i.e. 7% when sign SPA) to be paid to ur lawyer, ur lawyer will settle with their lawyer.  I suppose its similar no matter in which states' practice...

Like others said, set a deadline for ur agent. Since ur agent stories' is owner agreed to proceed, then ur deadline set it nearer.
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Paying the earnest deposit to a lawyer or agency doesnt matter as long is an independent person.

Legal firm and estate agency have guidelines on how to deal with the deposit.
TSSotsotzaii
post Nov 30 2021, 01:47 PM

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QUOTE(C_ST @ Nov 30 2021, 11:44 AM)
Ur agent making stories only la i suppose...

Booking fees (i.e. 3%) to be paid to agent's realty COMPANY bank account, then balance (i.e. 7% when sign SPA) to be paid to ur lawyer, ur lawyer will settle with their lawyer.  I suppose its similar no matter in which states' practice...

Like others said, set a deadline for ur agent. Since ur agent stories' is owner agreed to proceed, then ur deadline set it nearer.
*
Is booking fee and deposit the same thing ? Because for me the agent told me it's 2% of deposit to be payable, I thought it was 1% ?
Iceman74
post Nov 30 2021, 03:48 PM

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QUOTE(Sotsotzaii @ Nov 30 2021, 01:47 PM)
Is booking fee and deposit the same thing ? Because for me the agent told me it's 2% of deposit to be payable, I thought it was 1% ?
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should be the same with the agency accepting the booking fee with both side signed and agreed upon. Both side can request special clause(normally extended timeframe especially if got a lot holiday in those 14 days). You can request in writing in the booking form if gov declare MCO again, can extend the timeframe and so on...

All this need both side to agreed before sign and accept the booking fees money which is refundable in the event cannot proceed that is out of your hand, example local land office not approval and got "sekatan" & etc

Which state got 1% as earnest deposit? normally 2% or in special case 3%

This post has been edited by Iceman74: Nov 30 2021, 03:49 PM
TSSotsotzaii
post Nov 30 2021, 04:46 PM

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Got a separate question here. I'm about to pay 2% earnest deposit to the owner's lawyer, the agent told me to create a cashier order from the bank, and put in the name of the owner, as i understands it, shouldn't the cashier order be put under the owner's lawyers name ?
mini orchard
post Nov 30 2021, 05:02 PM

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QUOTE(Sotsotzaii @ Nov 30 2021, 04:46 PM)
Got a separate question here. I'm about to pay 2% earnest deposit to the owner's lawyer, the agent told me to create a cashier order from the bank, and put in the name of the owner, as i understands it, shouldn't the cashier order be put under the owner's lawyers name ?
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As a buyer, you need to engage a lawyer. Ask your lawyer to deal with seller lawyer and the agent.

Seriously .... you need a lawyer now.
C_ST
post Nov 30 2021, 05:06 PM

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Haha, TS really need a lawyer this moment. No one from here can help u ady on ur deposit stuff. Even any advise will not be as practical by having a lawyer to act on behalf of u.

Btw, TS, u confident u can get loan right? If yes, find lawyer
(if not... hints ur lawyer that u might not proceed if loan fails)
Iceman74
post Nov 30 2021, 05:44 PM

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QUOTE(Sotsotzaii @ Nov 30 2021, 04:46 PM)
Got a separate question here. I'm about to pay 2% earnest deposit to the owner's lawyer, the agent told me to create a cashier order from the bank, and put in the name of the owner, as i understands it, shouldn't the cashier order be put under the owner's lawyers name ?
*
Basically the agent will hold on the cashier order on their behalf until their commission are paid cos cashier order are a form of payment confirmation.

As pay to who is very subjective depending on where you are. Normally is pay to the owner name directly which come to the procedure.
You need to get the latest seller SPA to verify the actual house ownership name before hand over the cashier order.
You also need to verify the agent agency is are real too and must get the earnest deposit booking receipt as proof of the deal.

If you uncertain about this whole deal, request the handover in your appointed lawyer office or at least in the agency office.

It all depending can you trust the agent... me got the buyer give me cash thru my agent laugh.gif

 

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