i purchase an apartment recently and pay a 3% downpayment...now the owner suddenly do not wanna sell the unit when the s& p is about to be sign??

please help wat can i do..?? any penalty to the owner??

Take a read at the booking receipt. Usually the vendor will need to pay the d/p amount (or twice) depending on what's in the letter. I hope the booking letter got both's signatures...

consult your conveyancing lawyer for advise. It all depends on the pre-sale agreement during your deposit.

Usually they will pay back you double of the amount you put for down payment. Well, I believe is quite standard. Check the booking receipt.

You might also ask the owner to pay for all the administration/processing fees so far. Do consult your lawyer since you are in a stage of preparing the SPA.

i have one of the dumbness lawyer..he ssay as long as the vendor pay back the 3% i shld be happy enuf dun ask too much...
i really hate him damn dumb and i duno who is he siding..he is like saying is very unfair to the owner...
i was like %$^&...i am payying him but he is like wat chinese call 2 head snake..
anyway do i need to pay the lawyer fees if this happen...
i check it ad...there is nothing stated in it..only stated the \buyer hav to pay double if this happen...

funny, usually the booking receipts will have clauses that protect the other party if one side decides to back out from the deal after signing the confirmation letter to purchase, regardless of whether you're the purchaser or vendor.

are you purchasing the property through an real estate agency? most agencies that i have come across do have the clauses that i mentioned.

i had read thru the agreement again and is not stated that it had that clause mention to pay penalty if the vendor breach it..just say they will return the money in 5 working days.
i brought my house from a real estate agency...

From a practical perspective, it is true that getting back the 3% may be not be the best outcome, but there are worst outcomes. They could refuse to refund the 3% and you'd have an even bigger headache

By the way, I hope you are not sharing the same S&P lawyer with the seller? If you are, better consult another lawyer.

Also, if the amount of money involved is big (eg 3% of RM 1 mil), it might be worthwhile consulting another lawyer to see what action you can take

.

This post has been edited by gilabola: Apr 11 2009, 08:01 AM

Unless the booking receipt states that upon the owner returning the 3% to you, you will have no further claim, I suggest you appoint another lawyer to sue the owner, and perhaps even to force him to sell the property to you. Also consult another lawyer on caveating the property.

I wanna ask. What happened if the buyer breach contract? Is it just 1% forfeited? Or need to pay extra 1%?

What happened to me before was my deposit got forfeited
The purchase agreement of mine did not mention about the extra payment from the buyer but did mention 200% penalty to the seller.

As a normal procedure, the owner have to refund double the amount of downpayment as long as proper paperworks signed by both parties.

Get back the money. Ask the seller to borne any extra charges incur.
Since SAP is not sign, not much you can do really.

This post has been edited by jasonhanjk: Apr 11 2009, 12:09 PM

hahha, dumbass lawyer. many crawling out there. spank his ass while he crawls.

So far, in ALL booking receipt that I signed, it says that I get 2x the booking if vendor cancel. Looks like your agent's agency also quite the "alexander dumb-ass" one (get it ar )...

thank you to everyone tat had posted a comment here
finally i am able to nego with the owner..he willing to sell the property ad.
i still stuck wit the dumbass lawyer...hopefully it can settle early..
now i got another problem..the owner send the strata title to change the house title before selling to me...
now the title is stuck in the dpt..and my s&p cant start runnign untill the stupid title is fully settle., even if we try to pull out the title from the jabatan still need at least a mth...with consensus the owner pay the penaltty to the department..
any advice in this kind of case..
i really get a big head from this deal.

Make sure the strata issue is settle by the vendor before you sign the SPA. It's not cheap. This is one tactic some vendor do when strata is out, they sell quickly to avoid paying for it. (They can delay this up to 12 months according to law, so they have time to sell it. That's life.)

You can sign the SPA with conditions on the strata put in, but seeing your dumbass lawyer, I'd advice against it. If you have not sign, why can't you change lawyer?

BTW, free or leasehold strata?

mine is a freehold one..
now i am waiting for the owner to withdraw the title from the jabatan..so tat i can submit the title together with the owner title ..but in between i hav to wait for the owner to withdrawn it from the jabatan first..as they hav submit for almost a mth ad to the jabatan..
i had to pay the lawyer certain amount if i plan to change the lawyer..i also duno wat to do...
the sp will only start runnign when the vendor settle the strata tittle..

got such thing wan meh? you went into some sort of written agreement that must use him wan ar?

supposed no snp, no payment to the lawyer yet, right. their work not even started.
i think its better u change the lawyer.
there is a long journey to go.. this is just the 1st step.
better lose some bucks now than u suffer headache along the way.