Yizhuang Neutral Newbie July 31, 2008 Share July 31, 2008 Hi, i would appreciate if the MCF forummers are able to provide some sort of advice. I paid a $1000 deposit for a resale flat and signed an agreement with the owners of the flat. It seems that the flat cannot be sold at the moment as it has not reached 5yrs yet. The owners made an appeal to HDB and got rejected. I was supposed to pay an additional $4000 dollars but my cheque bounced. i have since issued the owners with a new cheque which they have since refused to bank in. Am i able to seek any avenue of redress ? Do you think i should sue the owners for my opportunity losses ? Thank you all ↡ Advertisement Link to post Share on other sites More sharing options...
Throttle2 Supersonic July 31, 2008 Share July 31, 2008 get your $1000 back and close the case Link to post Share on other sites More sharing options...
Adam251 Neutral Newbie July 31, 2008 Share July 31, 2008 Did either you or the owner engaged an agent?? If got agent go screw the agent; it's agent's job to ensure that seller are are qualified and have fulfill all HDB condition to sell. Agent job also to make sure the buyer is qualified to buy especially if buyer want to get HDB loan. If no agent involved then it's a painful lesson learn on seller/buyer part. HDB regulations very strict especially on minimum occupancy period(MOP). My advice for your only action is to get back all your deposit $$$ from the seller. Do not give anymore $$$ since the seller is not allowed by HDB to sell his flat. Sue the seller?? You may try but it's a waste of time and $$$ since in the first place looks like the seller is desperate to sell. Even if you sue he don't have any money to pay. Link to post Share on other sites More sharing options...
Yizhuang Neutral Newbie July 31, 2008 Author Share July 31, 2008 Hi, thank you for responding The seller and i both engaged property agents for this sale. The seller is upgrading to a Condo, thus he would have money to compensate. I checked for free legal advice. However, it does not cater for civil suits. Anyone have recommendation for cheaper legal advice ? Link to post Share on other sites More sharing options...
Apollo 1st Gear July 31, 2008 Share July 31, 2008 just move on lah.. warouz. don b too sure it is opportunity lost. Link to post Share on other sites More sharing options...
Mustank Hypersonic July 31, 2008 Share July 31, 2008 do you for a fact that the seller is upgrading to condo? did the owner tried the same thing on other unsuspecting buyers? law society website is down so i cannot direct you to the free legal clinics just go to small claim tribunal. they will guide you from there what to do. last time someone bought lemon nokia phone got judgement from small claims in her favour Link to post Share on other sites More sharing options...
Adam251 Neutral Newbie July 31, 2008 Share July 31, 2008 In this case it's clearly the seller's agent fault. For seller agent to fail to make such basic checks is no excuse really. How can the seller agent overlook to check if seller have fulfilled the MOP? It's basics preparation work. Can complain to his agency actually but if it's just $1000 forget about it. Get back your money and move on. Link to post Share on other sites More sharing options...
Kelpie 2nd Gear July 31, 2008 Share July 31, 2008 get your $1000 back and close the case Wah, 1st time seller is it? so blur one. I would suggest the same like you and that TS should just move on. Regards, Link to post Share on other sites More sharing options...
Wreckwrx 1st Gear July 31, 2008 Share July 31, 2008 (edited) 1) How far short of the 5 years min occupancy period (MOP) are you talking about? 2) If it is a matter of months, are you willing to wait? Also are the sellers committed to the sale? If yes, please go straight to point 4 3) If you are not willing to wait or the seller don't wish to sell anymore, then just take back your $1000 and close the case. Take this as a learning experience. 4) If u can wait and seller is willing to sell, then you can simply post date your option to purchase to reflect the very same day of the ending of the MOP date. 5) At the same time, post date your chq for the option fee (of S$1k)to the same date of the option to purchase (which is a future date). 6) In the essence of time, you also indicate the exercise date to the same day as the option to purchase (meaning to say you exercise the option immediately). 7) Get all the documents signed (both buyer and seller and witness) right now although the date is a future date. 8) Come that magical date, get the agent to submit the docs to HDB and the rest of the process should follow a normal sale transaction. 9) Also screw both the agents big time and get them to reduce their commission. 10) And please pay me 0.5% of the sale price of the flat for consultation fee. I will PM u my bank a/c no. Finally... Good Luck! Edited July 31, 2008 by Wreckwrx Link to post Share on other sites More sharing options...
Typhoonz 4th Gear July 31, 2008 Share July 31, 2008 Get your money back lor... You went through an agent or did the sellers self advertise? Link to post Share on other sites More sharing options...
Relagsingh 4th Gear July 31, 2008 Share July 31, 2008 Hi, i would appreciate if the MCF forummers are able to provide some sort of advice. I paid a $1000 deposit for a resale flat and signed an agreement with the owners of the flat. It seems that the flat cannot be sold at the moment as it has not reached 5yrs yet. The owners made an appeal to HDB and got rejected. I was supposed to pay an additional $4000 dollars but my cheque bounced. i have since issued the owners with a new cheque which they have since refused to bank in. Am i able to seek any avenue of redress ? Do you think i should sue the owners for my opportunity losses ? Thank you all how come no one mentions about the age of the flat? this has always been the rule. Link to post Share on other sites More sharing options...
Yizhuang Neutral Newbie July 31, 2008 Author Share July 31, 2008 Its a I think i have a case against the seller's agent as quoted by HDB law. Most likely will try the small claims tribunal. Link to post Share on other sites More sharing options...
Deel Neutral Newbie August 2, 2008 Share August 2, 2008 (edited) seems like now they don't want to sell, well the best i guess is you can sue them to get back your deposit if they refuse to pay it to you. small claims may not be able to help, coz its a direct contractual dispute here. since your contract for sale of property is in writing, its is prima facie enforcable, except that, he is barred from selling it to you at this time, which means the contract is frustrated. when you sue him, you will not be able to get back more than your deposit and any other direct costs you may have incurred. opportunity loss which costs as pure economic loss will not be awarded. a more costly action is to try to enforce the contract when the flat is available for sale, which requires getting a decree of specific performance against him. remember, equity will not allow a statute to be used as an engine of fraud, but be prepared for the case to drag for some time and spend some $$ on your lawyer. final advice, get your deposit back and move on. hope this helps =) Edited August 2, 2008 by Deel Link to post Share on other sites More sharing options...
Application9999 Clutched August 2, 2008 Share August 2, 2008 forget it lah..the owner want to sell but he can't..let people have a path to walk lah...so many HDB around... Link to post Share on other sites More sharing options...
Nerdyfrog Neutral Newbie August 2, 2008 Share August 2, 2008 i agree with u totally man. No point wasting the time and resources. best is get back the deposit and scout for another flat. Link to post Share on other sites More sharing options...
Yizhuang Neutral Newbie August 2, 2008 Author Share August 2, 2008 Thank you all for your kind advice I feel enlightened Cheers ! Link to post Share on other sites More sharing options...
Silver_blade Turbocharged August 2, 2008 Share August 2, 2008 I feel you just take back the deposit and move on. Doubt you will get more money thru SCT. You will probably get back the $1k + some of the cost incurred at SCT. If you want more eg. opportunity cost, etc...you will need to go thru the more expensive and lengthy civil suit which again, I doubt you will get more $$$. Better to spend all that time and resources to good for a better flat and even if you get that flat via the legal legal route...you will not be happy. Link to post Share on other sites More sharing options...
Scoots 3rd Gear August 3, 2008 Share August 3, 2008 and get a new agent... ↡ Advertisement Link to post Share on other sites More sharing options...
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