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 How much Penalty if after sign SPA for New Project

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TSthx2012
post Sep 20 2025, 02:20 AM, updated 3 months ago

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My Friend just sign SPA on this Year Jun 2025, but she now want to cancel, how much penalty will incurr? she only pay 2% for the down payment which is around 15k.
TSthx2012
post Sep 20 2025, 11:37 PM

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QUOTE(mini orchard @ Sep 20 2025, 07:04 AM)
Generally, any cancellation of SPA will incurred a penalty of 10% of the purchase price. In tis case, the penalty will be 75k.

Whether the developer allows depends on their goodwill and the stage of completion of the property.

If the buyer oredi signed the Loan Agreement, it makes cancellation more difficult esp if the bank oredi disbursed part of the loan sum to the developer.

The LA is between borrower(buyer) & bank and money partially disbursed to the developer is the responsibility of the borrower to repay. Is then buyer responsibility to claim the money from the developer.

Assuming the bank haven't disburse the loan sum, and if termination of LA is allow, there will also be penalty incurred.

Lastly, there will also be legal fees and other purchase expenses from the developer and bank.
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She said the bank not yet disburse money to developer, as per agreement said is pay 10% of the SPA price, but she said she try to ask Developer just forfeit 2% downpayment which around 16k to developer and she willing bear the lawyer fee, not just pending developer reply her.

if pay 10% which 75k i ask her just continue buy, when VP just rent out or sell. 75k penalty too high already
TSthx2012
post Sep 23 2025, 02:16 AM

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QUOTE(babu_my @ Sep 22 2025, 01:28 PM)
The Developer has probably not recognized this sale yet. Since only the booking fee is paid, that's all the developer can keep. But to be sure, has your friend had the signed & stamped SPA returned to them? With developers signature included? If not, then developer has definitely not recognized this sale.

Typically a developer will only recognise the sale for a loan buyer if: 1) 10% has been settled (via payment and rebate), 2) SPA has been signed and stamped, 3) Loan LOA documents received.

My advices would be to ask the conveyancing lawyer that handled your friends case.

Ps: you cannot cancel a Sales & Purchaser agreement, you can only cancel a booking. SPA will need to be terminated or revoked.

The loan should be easy enough to get out of as there has been no draw down yet.

Sort this out quickly before the developer issues billing to bank, if draw down happens, your friend will be stuck.
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She said the Developer not yet billing to Bank, but she said the developer keep not reply her. maybe developer want to drag her?
TSthx2012
post Sep 27 2025, 12:26 AM

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QUOTE(KCT2862 @ Sep 23 2025, 10:49 PM)
Normally forfeit for the downpayment only. now call to bank hold for loan first
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the laywer email her the lawyer fee + RPGT around 12k, and lawyer said developer can charge her 10% of penalty which is 79k , so 79k + 12k = 91k, so i just ask her continue to buy if like that. because initial she think only forfeit downpayment + bank penalty, but at the end need pay developer 10%
TSthx2012
post Sep 27 2025, 12:29 AM

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QUOTE(mini orchard @ Sep 23 2025, 09:42 AM)
If the project is not fully sold, likely the developer will not agreed to the termination. They will rather let the buyer deal with their bank. If buyer borrower don't make any payments to the bank, it will then proceed to auction off the property on VP.

Every unsold unit is a financial burden to the developer. All construction costs have to borne by them until they find a buyer.
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ya, u are like, the developer reply her said if my friend insist to cancel they will charge 10% from SPA price + the lawyer fee and RPGT around 12k. dont know is threaten or what. hahaha, but i ask my friend just continue to buy. once get VP rent it out or sell it.

 

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