keltong 4 Report post Posted March 4, 2008 Hey brothers ! I got problem liao leh. Today 1st appt but seller's daughter whom is the 2nd owner refuse to sign. She wants to up another 30k, insisting that the price was too low. How can right coz the father already signed and we have paid the option fee and deposit liao. What's your opinion guys? Can claim damages from them right? Thanks brothers!Below is from the HDB website:Sellers and buyers are contractually bound to complete the sale and purchase once the Option to Purchase is exercised. If either party breaches the terms of the agreement, the other party will be entitled to enforce the terms of the Option for specific performance, damages and/or any other remedy. If there is any dispute, the buyers and sellers may wish to consult a private solicitor on the rights and remedies in the matter.Alternatively, the buyers and sellers may wish to consider settling the dispute through mediation at the Singapore Mediation Centre. You can call them for assistance on the procedures and charges at 6332- 4366. Share this post Link to post Share on other sites
delirious_jeff 0 Report post Posted March 4, 2008 Hey brothers ! I got problem liao leh. Today 1st appt but seller's daughter whom is the 2nd owner refuse to sign. She wants to up another 30k, insisting that the price was too low. How can right coz the father already signed and we have paid the option fee and deposit liao. What's your opinion guys? Can claim damages from them right? Thanks brothers!OTP has to be signed by all the owners of the flat. Did they all sign the OTP or only the father signed the OTP? Share this post Link to post Share on other sites
lauahkua 0 Report post Posted March 5, 2008 OTP has to be signed by all the owners of the flat. Did they all sign the OTP or only the father signed the OTP?Hi you brothers here very kuai, I got problem you all quickly come and help. delirious_jeff, the problem is only the father signed the OTP.Goalhome is right, I think so too that they are trying to get more $. I'm using bank loan does that means the lawyer should help me with the suing if the sellers back out? The HDB officer said they bochap coz their job only process the sale not to mediate. Actually the parents are willing to proceed with the sale but the daughter kept insisting that we got a dam good deal. Well, she's an indian woman (no offence). She's so stupid right, if not good deal you think who will buy? She kept saying that she's got many siblings waiting to get they shares of the money. Don't want to argue with her as she's those very kay-kiang and dam how lian type. She even told the HDB officer that we beg her parents to sell us at a low price. She asked the HDB for extension till this friday.I didn't know that buying an HDB flat can be so stressful. I'm going to play mahjong now to de-stress. Will update you guys on friday of the out come. Thanks again. Share this post Link to post Share on other sites
GoalHome 1 Report post Posted March 5, 2008 I understand that once the seller cashed the cheque that you paid them for exercising the OTP, they are bound legally to sell to you. As such, double check if they have drawn the cheque (assuming that you paid in cheque).The lawyer will help you... but there may be a small fee involved. Any legal letters sent out is chargable. You can probably negotiate for a token fee, or get your bank's rep to assist you on this. If not, you can wait till this friday before taking action. My guess is that she knows the legal implications but just trying her luck to see if you'll give in. Share this post Link to post Share on other sites
lauahkua 0 Report post Posted March 5, 2008 I understand that once the seller cashed the cheque that you paid them for exercising the OTP, they are bound legally to sell to you. As such, double check if they have drawn the cheque (assuming that you paid in cheque).The lawyer will help you... but there may be a small fee involved. Any legal letters sent out is chargable. You can probably negotiate for a token fee, or get your bank's rep to assist you on this. If not, you can wait till this friday before taking action. My guess is that she knows the legal implications but just trying her luck to see if you'll give in.The checks cleared liao, gave 2 checks altogether. 1 for down payment, 1 for OTP. I think so that she's likely to sign by this friday, just want to tarek harga only. Share this post Link to post Share on other sites
GoalHome 1 Report post Posted March 5, 2008 I think so too. Likely she and dad is trying to pull a fast one for more $$$. Never give in to such unreasonable demands. It's a willing-seller willing-buyer contract.The unit which i'll be buying... the seller kept telling me what a good price i got (not really IMO cos COV is about market rate, but valuation is definitely the lowest i know in the area... by about 10k cos original condition)... so keeping my fingers crossed that all will go smoothly. Waiting for 1st appointment next month. Share this post Link to post Share on other sites
lauahkua 0 Report post Posted March 5, 2008 I think so too. Likely she and dad is trying to pull a fast one for more $$$. Never give in to such unreasonable demands. It's a willing-seller willing-buyer contract.The unit which i'll be buying... the seller kept telling me what a good price i got (not really IMO cos COV is about market rate, but valuation is definitely the lowest i know in the area... by about 10k cos original condition)... so keeping my fingers crossed that all will go smoothly. Waiting for 1st appointment next month.You also buy resale? where? How much? Share this post Link to post Share on other sites
GoalHome 1 Report post Posted March 5, 2008 (edited) Bought a 3S unit in Macpherson... very old and small (about 60sqm), 1970s... for COV $14k. Need a total transformation though cos really in original condition. How about you... Where's your unit and how much $$$? Edited March 5, 2008 by GoalHome Share this post Link to post Share on other sites
delirious_jeff 0 Report post Posted March 5, 2008 The checks cleared liao, gave 2 checks altogether. 1 for down payment, 1 for OTP. I think so that she's likely to sign by this friday, just want to tarek harga only.OTP is a legal binding contract between sellers and buyers. Is the OTP valid even though only one of the two sellers agreed to the sale of the unit? Share this post Link to post Share on other sites
raincole 0 Report post Posted March 5, 2008 I don't think OTP can be carried out if only signed by 1 seller. The agent should know about all these and at that time should have pointed out.Like this can't even get the 1st appt date cos incomplete information mah. The daughter is also the owner? Or the mother? Share this post Link to post Share on other sites
ssilentracer 0 Report post Posted March 5, 2008 If tat Indian 'daughter' really sounds so mean, wonder if she will do anything if she got no choice but to sign the agreement? I mean family safety is more important than any other things, I wouldnt want to be living in fear all the time. But of course some compensation will be good if they back out. Share this post Link to post Share on other sites
lauahkua 0 Report post Posted March 14, 2008 Sorry brothers for the late reply. GoalHome, I bought 5rm clementi very old also 30+ years old 125sqm for 485k. Condition of hse very teruk, must overhaul whole hse.delirious_jeff, raincole, ssilentracer , the seller kept postponing the 1st appt date. Today agent called and said that they ask HDB for another 10 days more to consider. I think she has request for grace period from HDB more than 3 times liao leh. Coz she popped to my hse yesterday without announcement and insist that I accept a letter ( supposedly written by her lawyer, but no letterhead she think I stupid or what!) The letter state that if I din response by today to buy her unit at 530k that means I'm not keen anymore and that she can get her agent to get her a new buyer. She think the law her father set one! I din accept the letter, told her if she want then she should pass it to my lawyer. Anyway, I have let my lawyer handle liao. Today serve her letter of demand. This lesson really confirmed what many people told me, be careful when dealing with "snakes". Hope you guys get what I meant. Will keep you brothers updated of the outcome. Share this post Link to post Share on other sites
GoalHome 1 Report post Posted March 14, 2008 She's really a nut case. No lawyers will allow their client to hand the letter to you. Let's see how she's going to respond to the letter of demand. She may react differently now knowing that you're serious about pursuing your legal rights. If matter drags on to court, she will then be liable for the legal fees as well. Don't see how she's going to benefit from this. Either way, likely she or her father will have to bear the damages. Share this post Link to post Share on other sites
lauahkua 0 Report post Posted March 14, 2008 Ya lor! Greed got the better of her. How can from the day her father signed the OTP till the 1st appt date she kept quiet only until the 1st appt day then come and say she don't agree to the selling price. So you brothers here better be careful when signing any option form please make sure all owners sign and also don't trust agents. Share this post Link to post Share on other sites
zirhk3355 1 Report post Posted March 14, 2008 I don't think OTP can be carried out if only signed by 1 seller. The agent should know about all these and at that time should have pointed out.Like this can't even get the 1st appt date cos incomplete information mah. The daughter is also the owner? Or the mother?If the transaction is submitted online via ResaleNet or e-Resale, the hardcopy OTP does not need to be handed over to HDB until the 1st appt. Thus you can still get the 1st appt date but it will be revoked if the OTP is not in order.This is what worries me in this case; is the OTP signed by ALL owners of the flat or not? If not, then the daughter may declare that her father had acted on his own, she had not consented to sell the flat and refuse to sign the OTP at all. Thus OTP may be declared invalid and the only recourse is to sue the father. Share this post Link to post Share on other sites
