Need Advise Regarding Troublesome Lawyer / Hdb Seller.

[sepultura 0]

I'm buying a HDB flat. My first appt is over, 2nd appt coming up soon in a week. However the seller's lawyer (or seller?) seems to be very dubious and seems to be pulling a fast one over me and my lawyers.

First I got a letter from HDB saying that till now the seller's lawyer has not sent HDB a written confirmation that they are acting on behalf of seller. My lawyers could not get any answer from them, so I got the seller's lawyer phone number, called them - they said "HDB is lying to you, bluffing you, we already sent them everything long back"

Finally after daily calls from me (buyer) they (seller's lawyer) sent HDB the documents. He claimed they may have been lost in post the first time (hahahaha!)

Now 2nd appt confirmed, but my lawyer says they have not received some documents from seller's lawyer, including mode of payment etc, and they have sent 4 letters and called them 20 times over the past 10 days, but no response from seller's lawyer.

Today was the due date, if we didn't receive the documents, my bank can't release funds on time because it takes 7 days for them. Still no news.

I called the seller's lawyer today and they said "we sent them all the docs 3 days back, I think your lawyer is bluffing you"

Now it looks like 2nd appt won't happen on the due date (which is exactly 8 weeks from 1st appt date - those fellows sure took their time).

Is there any way I can sue these fellows? Claim compensation for delayed appt? Even if it costs me I want to take this up and fight it, for all the headache and delay they caused me.

Is there any bar association or organisation I can lodge a complaint against that lawyer? How? What are my options now?

Thanks a ton!

[waileong 0]

You have a lawyer. Why don't you ask him. What are you hiring him for if not to solve your problems?

[sepultura 0]

Obviously I'm going to my lawyer. But they're closed till Monday, I wanted to see if any of you have some insight in the mean time.

[waileong 0]

I suggest you wait till Mon.

What you'll get here will be far less authoritative. Some of it could be downright wrong even.

[sepultura 0]

Hmm ok then. Was hoping if someone had faced this earlier, they could share what they did. Thanks anyway.

[applefreak 1]

think you can launch a formal complaint with the lawyers association

list out all your encounters with the lawyers and most importantly date & time

[jt88 0]

Under the HDB OTP, it was stated:

13. Seller’s obligations

13.1 The Seller must, within 7 working days at the request of the HDB or the Buyer’s solicitor 

(a) produce such documents;

(b) sign such documents;

© make such declarations; or

(d) provide such information,

to the HDB or the Buyer’s solicitor, as may be required to obtain the HDB’s approval for the sale of the Flat.

13.2 The Seller must allow the HDB, any of its authorised officers or its panel of valuers to enter the Flat at any time in the day 

(a) to check for unauthorised works;

(b) to assess the value of the Flat; or

© for such other purposes as may be required by the HDB.

it is surprised that the seller or its lawyer did not comply with the above.

under Clause 24, it is stated that:

24. Mediation

24.1 Before referring any dispute relating to this Option to arbitration or litigation, the Seller and the Buyer must consider settling the dispute through mediation at the Singapore Mediation Centre (a company limited by guarantee of the Singapore Academy of Law).

24.2 The parties are however not legally obliged to attempt mediation as a means of settling their dispute.

so i think if u want to take up the case, u may want to reasearch on clause 24.

Edited September 8, 2007 by jt88

[sepultura 0]

Thanks jt88, I am talking to my agent and lawyers about what we can do now. Still no news from seller's lawyers.

[raincole 0]

This type of lawyer, how to do business if their mail always "lost in post"???

[sepultura 0]

Update: I spoke to my lawyers and my agent. No news from seller's lawyers yet, and they refuse to talk to anyone except their client. It seems obvious that the seller's side or their lawyer is delaying the 2nd appt, and it's going to go past the 8-week period from 1st appt date. But why?

HDB says after the 8-week cutoff they can be penalised. If they know all this then what possible motive do they have for delaying the sale? My lawyers are working on this and they will be sending out notices today or tomorrow.

I have some doubts: Can the seller's side actually withdraw from the sale at this point? I'm clueless as to why they are delaying, knowing there's a penalty involved. Can anyone think of any possible motive?

[applefreak 1]

could be their new place is not ready

or they couldn't find a place to shift to

or they are waiting for their seller...

better to pay penalty then have to shift to temp location

then shift again to new place

[sepultura 0]

Seller tells me they already got their keys some time back. Renovation should be done by now.

Could it be they are involved in some funny business? But what? I'm at a loss to understand

[applefreak 1]

can be anything

can even be they have a much higher offer so hoping to pixx you off so that they can sell it to another

[sepultura 0]

can be anything

can even be they have a much higher offer so hoping to pixx you off so that they can sell it to another

But can they do that after the 2nd appointment date is confirmed through HDB?

Edited September 11, 2007 by sepultura

[applefreak 1]

hehehe i dun really know

but until the day the key and money change hands, anything can happen right?

if they figure the additional profit can make up for the compensation they are going to pay you, why not