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 SPA signed but VP 1 year away - Options to cancel?

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TSDinoBuaya
post Mar 3 2024, 09:11 PM, updated 2y ago

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The situation is like this SPA signed in 2021, VP maybe by end of 2024 or early 2025. After alot of thought the location of the project just doesn't work for many of us in the house hold.

We want to let go. What are the options and what is the impact to us as SPA signatories?

I've read about the 10% penalty with that bank but am assuming that's not the only hurdle. 10% would be way too much for us in which case we'd be force to take VP and just rent, wait out the 5 year lock-in period before trying to sell the unit.

Thank you!

This post has been edited by DinoBuaya: Mar 3 2024, 09:12 PM
yrh0413
post Mar 3 2024, 11:04 PM

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you signed SPA in 2021 and you want to cancel now (2024)?

Very unlikely you can do that, I guess the construction is mostly done and the bank has disbursed most of the loan amount.

Just wait for VP and put it up for sale.
Cavatzu
post Mar 4 2024, 04:38 AM

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QUOTE(DinoBuaya @ Mar 3 2024, 09:11 PM)
The situation is like this SPA signed in 2021, VP maybe by end of 2024 or early 2025. After alot of thought the location of the project just doesn't work for many of us in the house hold.

We want to let go. What are the options and what is the impact to us as SPA signatories?

I've read about the 10% penalty with that bank but am assuming that's not the only hurdle. 10% would be way too much for us in which case we'd be force to take VP and just rent, wait out the 5 year lock-in period before trying to sell the unit.

Thank you!
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Lock in period? This is a rumahwip? Congrats you got an under market price investment unit. More often than not it should be cash flow positive with such a purchase.
Aaron212
post Mar 4 2024, 08:46 AM

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rumah selangorku or rumahwip?

sign SPA 2021 but want cancel now 2024... thats very long thought process

no choice u gotta take VP then if not staying, can consider renting out to locals ONLY
SUSNajibaik
post Mar 4 2024, 10:24 AM

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you still can cancel but you will lose 20% due to construction already past 40%
Duckies
post Mar 4 2024, 10:43 AM

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If RumahWip I thought you can't sell for 10 years from SPA signed date?
nexona88
post Mar 4 2024, 11:49 AM

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Please calculate the penalty imposed is worth for you to cancel or not....

Personally...
I just wait for VP & then sell them off
syque
post Mar 4 2024, 02:23 PM

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Best talk to your lawyer regarding the specifics of your contract. Maybe got potential buyer, and can add them as a nominee
zyde
post Mar 4 2024, 02:49 PM

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If any restriction to sell maybe can consult your lawyer/bank for exit plan. Maybe can consider to go into auction?
Chanzeryl
post Mar 5 2024, 01:43 PM

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mushigen
post Mar 7 2024, 01:52 PM

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QUOTE(Najibaik @ Mar 4 2024, 10:24 AM)
you still can cancel but you will lose 20% due to construction already past 40%
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Is this 20% specifically for rumah WIP type of house or applicable to other houses too? AFAIK, I only see the 10% penalty in S&P if purchaser breaks contract.
Jingle91
post Mar 7 2024, 02:19 PM

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QUOTE(mushigen @ Mar 7 2024, 01:52 PM)
Is this 20% specifically for rumah WIP type of house or applicable to other houses too? AFAIK, I only see the 10% penalty in S&P if purchaser breaks contract.
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If construction already past 40%, mean his loan account already paid out significance progressive payments to developer, shouldnt this be counted as his liability as well? Will developer so kind pay back the progressive payments that they received from buyer's loan account with their own money?

Just worry that he will need to pay 10% penalty on SPA price to terminate contract + disbursement already paid by bank from his loan account + % penalty rate to terminate his loan earlier before lock in period, if he choose to terminate the spa during construction

mushigen
post Mar 7 2024, 02:24 PM

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QUOTE(Jingle91 @ Mar 7 2024, 02:19 PM)
If construction already past 40%, mean his loan account already paid out significance progressive payments to developer, shouldnt this be counted as his liability as well? Will developer so kind pay back the progressive payments that they received from buyer's loan account with their own money?

Just worry that he will need to pay 10% penalty on SPA price to terminate contract + disbursement already paid by bank from his loan account + % penalty rate to terminate his loan earlier before lock in period, if he choose to terminate the spa during construction
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But where did you get the 20% figure from?

Thinking back, I only remember my S&P mentioned 10% penalty but I cannot recall what the loan agreement says about breaking contract before VP.

I'm interested in this because someone I know is stuck in this dilemma - his biz isn't doing too well and he's having a hard time paying the progressive payments, let alone full payment when the time comes. He's thinking of giving up.
Jingle91
post Mar 7 2024, 02:25 PM

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QUOTE(Najibaik @ Mar 4 2024, 10:24 AM)
you still can cancel but you will lose 20% due to construction already past 40%
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How about the progressive payments that have already been paid to developer from his loan account? Will developer so nice to pay back the bank after received his penalty payments?
Jingle91
post Mar 7 2024, 02:30 PM

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QUOTE(mushigen @ Mar 7 2024, 02:24 PM)
But where did you get the 20% figure from?

Thinking back, I only remember my S&P mentioned 10% penalty but I cannot recall what the loan agreement says about breaking contract before VP.

I'm interested in this because someone I know is stuck in this dilemma - his biz isn't doing too well and he's having a hard time paying the progressive payments, let alone full payment when the time comes. He's thinking of giving up.
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Sorry, I was not the one mentioned this 20% figures.

I know the SPA did mention on penalty rate, either 10% or 15% of SPA. But it didn't mention on how to settle the progressive payments received from bank if construction started.

Guess TS really need to check with his lawyer clearly as I saw all said by paying certain % of penalty but without mentioning on the loan disbursed amount.

For your friend, maybe he can ask developer on whether he can sell the under construction unit and whether developer insist on back to back transfer for MOT. But I guess the price will be very low too.
mushigen
post Mar 7 2024, 02:38 PM

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QUOTE(Jingle91 @ Mar 7 2024, 02:30 PM)
Sorry, I was not the one mentioned this 20% figures.

I know the SPA did mention on penalty rate, either 10% or 15% of SPA. But it didn't mention on how to settle the progressive payments received from bank if construction started.

Guess TS really need to check with his lawyer clearly as I saw all said by paying certain % of penalty but without mentioning on the loan disbursed amount.

For your friend, maybe he can ask developer on whether he can sell the under construction unit and whether developer insist on back to back transfer for MOT. But I guess the price will be very low too.
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My bad, quoted the wrong person.

I think it is very difficult to get developer's consent in my friend's case because there are many unsold and unbuilt units.

SUSNajibaik
post Mar 7 2024, 08:13 PM

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QUOTE(mushigen @ Mar 7 2024, 01:52 PM)
Is this 20% specifically for rumah WIP type of house or applicable to other houses too? AFAIK, I only see the 10% penalty in S&P if purchaser breaks contract.
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all types of houses under HDA
mushigen
post Mar 7 2024, 08:30 PM

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QUOTE(Najibaik @ Mar 7 2024, 08:13 PM)
all types of houses under HDA
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Is it mentioned anywhere, say in S&P? I remember only seeing 10%.
rumahwip
post Mar 8 2024, 07:12 AM

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so, managed to cancel?
rumahwip
post Mar 8 2024, 07:13 AM

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so, managed to cancel?

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