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 How to get out of SPA

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mini orchard
post Jan 17 2022, 10:41 AM

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QUOTE(TryingToSurvive @ Jan 17 2022, 10:38 AM)
I recently signed an SPA with a certain developer.
However during that time I am not able to sign LA together as the bank was not able to produce the documents in time.
SPA signed
bank loan agreement not signed

Now I'm having second thoughts and have my eyes on another property, anyway I can "escape" the SPA?
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You can get out but not for free.

Talk to the developer to discuss. No forumers can answer your Q
mini orchard
post Jan 17 2022, 06:28 PM

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QUOTE(TryingToSurvive @ Jan 17 2022, 04:41 PM)
For mine is 1% which is not a lot but just thinking if there is a way I can get around that
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If everyone can escape paying compensation for breach of an agreement, then I dont see a good reason to sign one.
mini orchard
post Jan 17 2022, 07:34 PM

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QUOTE(digitalz @ Jan 17 2022, 06:34 PM)
Good luck. And no. Unless you negotiate nicely and the developer is nice to you.

Reason is - they locked the unit with you as the purchaser.

You'd be lucky if you don't get asked for more like costs etc.
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SnP lawyers fee need to paid .... that is for sure. No one do work for free, even if is free legal fees.

This post has been edited by mini orchard: Jan 17 2022, 07:35 PM
mini orchard
post Jan 17 2022, 10:05 PM

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QUOTE(TryingToSurvive @ Jan 17 2022, 09:28 PM)
I don't have a copy of my SPA so I am not able to check if I would have to pay $$ if my lona is rejected..

Can share what is the norm?
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QUOTE(TryingToSurvive @ Jan 17 2022, 10:38 AM)
I recently signed an SPA with a certain developer.
However during that time I am not able to sign LA together as the bank was not able to produce the documents in time.
SPA signed
bank loan agreement not signed

Now I'm having second thoughts and have my eyes on another property, anyway I can "escape" the SPA?
*
By now I am sure your loan agreement should be ready for signing. How is it that you want your loan to be rejected ?

You have to check whether you are require to pay legal fees for LA and any penalty from bank for failing to sign the LA.

Breach of contract is a serious matter. Be very sure b4 signing any agreements or offer letter.

This post has been edited by mini orchard: Jan 17 2022, 10:23 PM
mini orchard
post Jan 17 2022, 11:26 PM

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QUOTE(TryingToSurvive @ Jan 17 2022, 10:55 PM)
If I have not signed any documents with a bank, why would I have to pay any legal fees for when I have not signed the LA.

It was clearly stated in the first post, SPA signed with developer.
LA not signed with bank.

So I'm not sure why you are asking unrelated queries to the questions of how to get off the hook from SPA without paying.

Just seems like you have no knowledge regarding the whole matter and spewing big words to make the matter exaggerated

So back to the question of if I can get my loan rejected, will that deem me not needing to pay the SPA cancellation fees?
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Firstly, work is done .... meaning the agreement is in the midst of finalising for your signature and the lawyer oredi pay upfront to get the agreenent from the bank. Maybe during the signing of snp, the LA is not fully ready to be signed.

If the developer is paying for the fee, then is no issue if you complete the transaction.

If you dont sign the LA, meaning the developer will bill you for all the progress payment as it is assumed you will self finance the purchase.

As you now intend to abort the SnP and LA, who is to bear the cost for legal fees / work done ?. Developer lost a sale and have to pay legal fees for your mistake ? Or do you think the lawyer will waive his fee ?

To make my explaination simple in layman terms ...

You order a cup of coffee and then cancel the order and request a refund when the coffee is in the process of brewing ?

If every buyer were to abort the SnP and LA without paying cost, I would go for shopping spree.

How to get your loan rejected if you oredi accepted the loan offer letter ?

From my understanding, normally developer wont proceed to sign snp without a loan confirmation. Is not logical to sign, then cancel and refund if the loan is rejected.

As mentioned in my earlier post, only your developer can reply you. If your Mr. developer is a nice guy, (1 in 100), then you get a full waiver.

This post has been edited by mini orchard: Jan 18 2022, 06:20 AM
mini orchard
post Jan 18 2022, 10:26 AM

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QUOTE(TryingToSurvive @ Jan 18 2022, 09:39 AM)
That is why I'm asking in this predicament.
I approached multiple banks on my own to get my loan application.
After multiple banks has responded, I verbally selected a bank and said I would sign LA next week because I can't wait for the LA & SPA due to some promotion by developer.
Therefore I signed SPA last week then intended to sign LA in the coming.

While yes I understand that obviously there is penalties for breaking a contract, I'm finding the easiest way out now.
Worst part is I'm not able to read the whole SPA to read all the clauses as it is with the lawyer.

But for my understand it's that they will be waiting for my LA so they can stamp it together as both is paid by developer
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When one party (buyer) breached the agreement, he has to discuss with the aggrieved party (developer) to settle it as no advises here can solve the problems because we forumers are NOT the aggrieved party.

You are asking for other people solutions to be applied to your developer which I dont think can happen.

We can only say what will happen in normal casses as every developer is different or every case is different even if is the same developer.


Be prepared to pay max penalty but if you are given some rebates, consider good jor.

Maybe you can share info after meeting the developer.

This post has been edited by mini orchard: Jan 18 2022, 11:40 AM
mini orchard
post Apr 8 2022, 02:21 PM

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QUOTE(JJL.JJL @ Apr 8 2022, 10:52 AM)
Can I check if SPA and LA have been prepared but I haven’t sign both the agreement. Can I cancel the purchase? And what is the consequence?

My case is I have informed developer that I would like to cancel the purchase and they said penalty fees is RM3k but there is no legal agreement that we have sign stating the penalty fees is RM3k except the letter of purchase that we have signed and stated the penalty and administrative fees of fail to sign SPA is RM1k. So with this letter of purchase, clearly the penalty is only RM1k only right? But developer wants us to pay RM3k for penalty which I think is not reasonable as no black and white agreement has been signed about the penalty fees of RM3k.

Can someone please advice me?
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Dont be frickle minded when buying big ticket items. Seeking refund for any purchase is seldom easy.

Lodged a complaint with Ministry of Housing and KPDNHEP
mini orchard
post Apr 8 2022, 05:50 PM

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QUOTE(JJL.JJL @ Apr 8 2022, 05:34 PM)
Do u mean that developer has no right to penalty us RM3k? And we can lodge a complaint if they insist to do so?
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If the letter stated is RM1k, that is the max and yes, you can lodge a written complaint.

Unless there are no other tnc ... eg, dateline, loan rejection etc.
mini orchard
post Apr 8 2022, 06:42 PM

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QUOTE(JJL.JJL @ Apr 8 2022, 06:09 PM)
Thanks a lot for ur reply.

However, the developer even wanted to charge the penalty to my agent if we don’t want to pay the penalty of 3k which is totally unreasonable 😓 They keep mentioning that the cost was due to they have purchased the SPA documents from lawyer. But the thing is I have not sign the SPA and LA at all. I also can’t understand why the developer can anyhow open a price and penalty us.
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Stop dealing with the agent and developer as it is not going to be settled.

Proceed to lodge a report with the two ministry dept.

 

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