Seller Decide Not To Sell While Waiting For 1st Appt..

[ykhoong 0]

Need advice from experienced bro and sis out there!

We are buying a resale HDB, and are now waiting for 1st appoitment scheduled next month. If, for whatever reason, the seller decides not to sell the flat NOW, what should we do to pursue our rights? I have read somewhere that in addition to getting back the 5k deposit paid, we can also claim for other damages, such as difference in price in our next purchase, our additional rental for the delay etc.

I would like to find out:

1. What are the cost involved if we decide to take legal action? Or seller will bear the legal cost if they lose?

2. Chances of winning and getting compensation?

3. Penalty for bank loan secured (not our fault, why should we pay?)

4. Other cost (agent fee, legal fee of the original transaction)

We also dun wish to give them a hard time, but the fact that we buy now (despite the PRICE NOW) is because we really need a place of our own...

Would appreciate advice, especially if u have come across such cases. Many thanks in advance!!!

[lauahkua 0]

Me having the same situation just months ago. Sellers backed out during 1st appt because they felt that the selling price was low and wanted us to up another 30k. Of course we refused and till now case still pending, it's a long and hard case to fight and I suggest you don't waste time and money trying to fight this case. In the end the lawyers will gain.

If you need more info, please pm me.

[chronograph 0]

Me having the same situation just months ago. Sellers backed out during 1st appt because they felt that the selling price was low and wanted us to up another 30k. Of course we refused and till now case still pending, it's a long and hard case to fight and I suggest you don't waste time and money trying to fight this case. In the end the lawyers will gain.

If you need more info, please pm me.

Your case is different cos in the first place u don't have all owners signature on the OTP, so the validity of the OTP is questionable.

As for thread starter case, if there is no problem with OTP......u should take action against the seller to compensate u.

[lauahkua 0]

Your case is different cos in the first place u don't have all owners signature on the OTP, so the validity of the OTP is questionable.

As for thread starter case, if there is no problem with OTP......u should take action against the seller to compensate u.

Wah! u still remember my case ah bro! Hopefully for ykhoong, he will get some compensation. I'm so sick and tired of my this stupid case.

Edited September 15, 2008 by lauahkua

[chronograph 0]

Wah! u still remember my case ah bro! Hopefully for ykhoong, he will get some compensation. I'm so sick and tired of my this stupid case.

Of cos can remember lah.....u have so many screwed up professionals doing your case making it so unique and so difficult to forget lah.

So how? r u done with the clementi one???? Sue the seller?

[zirhk3355 1]

If everything is proper, ie documentation, OTP signed by all owners, eligibility to sell, bankruptcy checks, etc and there is no good reason why the transaction did not go thru', then you should have a strong case. Remember 'market price went up' or 'no place to stay' are excuses, not good reasons for the seller to refuse to sell.

So what damages can you seek for? That include losses you would incurred from the failed transaction, eg the agreed price was $300K, then the cheapest similar unit is $325K, then you can sue for the difference of $25K. This is the most common damages that you could seek, while other losses/costs such as penalty for bank loan, legal fees, etc are subjective on case-by-case basis.

But if your aim is not money but to buy that (and ONLY THAT) flat, then you should put up a case for specific performance, which means the court will enforce the other party to perform a certain act, ie in your case to sell you the flat lah! How to do that??

Most important is to prove that there is no way to determine a specific amount for damages. An eg this is the resale of a SERS flat, where the permitted period for owners to sell their SERS flat is over and there is no other similar flat for the court to determine the damages.

Edited September 15, 2008 by zirhk3355

[ykhoong 0]

Hi zirhk3355, thanks for your reply. After reading some of the earlier posts here, I did make an effort to ensure that all owners have signed the OTP, and the law firm has also confirmed that there is no bankruptcy issue and all documents are ok. Now that the OTP has been exercised and submitted, I would guess that we have a strong case even if they want to back out BEFORE 1st appt.

I'm not trying to make lots of $$ out of this mess, but the LEAST compensation I expect include penalty for bank loan, "partial" agent fee, 5k exercise fee (paid), valuation (paid), submission fee (paid), not forgetting my rental now, and also the risk of rising property prices...... Hope this is reasonable and not classified as "greedy"....

Any idea how complicated, or how long is it if I were to go the legal path? Also read from somewhere that as long as this case is still pending, we cant proceed to buy another HDB?

Or should I just move on as long as I get compensated for the above-listed losses?

Would like to gauge the pros and cons of different options, especially in dollar terms.. Thanks!!

If everything is proper, ie documentation, OTP signed by all owners, eligibility to sell, bankruptcy checks, etc and there is no good reason why the transaction did not go thru', then you should have a strong case. Remember 'market price went up' or 'no place to stay' are excuses, not good reasons for the seller to refuse to sell.

So what damages can you seek for? That include losses you would incurred from the failed transaction, eg the agreed price was $300K, then the cheapest similar unit is $325K, then you can sue for the difference of $25K. This is the most common damages that you could seek, while other losses/costs such as penalty for bank loan, legal fees, etc are subjective on case-by-case basis.

But if your aim is not money but to buy that (and ONLY THAT) flat, then you should put up a case for specific performance, which means the court will enforce the other party to perform a certain act, ie in your case to sell you the flat lah! How to do that??

Most important is to prove that there is no way to determine a specific amount for damages. An eg this is the resale of a SERS flat, where the permitted period for owners to sell their SERS flat is over and there is no other similar flat for the court to determine the damages.

Of cos can remember lah.....u have so many screwed up professionals doing your case making it so unique and so difficult to forget lah.

So how? r u done with the clementi one???? Sue the seller?

Now that u mention Clementi, I think I've read that b4. Is it abt the seller's daughter, who is also the co-owner did not sign the OTP, making it not valid legally speaking? Sorry to hear that, but I'm not much better either....

[zirhk3355 1]

I'm not trying to make lots of $$ out of this mess, but the LEAST compensation I expect include penalty for bank loan, "partial" agent fee, 5k exercise fee (paid), valuation (paid), submission fee (paid), not forgetting my rental now, and also the risk of rising property prices...... Hope this is reasonable and not classified as "greedy"....

Any idea how complicated, or how long is it if I were to go the legal path? Also read from somewhere that as long as this case is still pending, we cant proceed to buy another HDB?

Or should I just move on as long as I get compensated for the above-listed losses?

Would like to gauge the pros and cons of different options, especially in dollar terms.. Thanks!!

Erm, how long the case would be depends on how COMPLICATED the case is, so I can't really put my finger on a figure for you. I believe once the transaction is confirmed to have fallen thru, then the resale submission would withdrawn and you will proceed with legal actions to seek damages. So you should be able to go buy another HDB flat, unless of course you are seeking specific performance to buy the same flat.

In any case, my advice is always to find out the underlying reason for the sellers to back out and try to settle it out of court; if its just truly because they regret their decision, then put an amount to them for compensation and close the case, everyone will be happy.

[therat 18]

Wah! u still remember my case ah bro! Hopefully for ykhoong, he will get some compensation. I'm so sick and tired of my this stupid case.

i also remember

especially after read

Your case is different cos in the first place u don't have all owners signature on the OTP, so the validity of the OTP is questionable.

[ykhoong 0]

Erm, how long the case would be depends on how COMPLICATED the case is, so I can't really put my finger on a figure for you. I believe once the transaction is confirmed to have fallen thru, then the resale submission would withdrawn and you will proceed with legal actions to seek damages. So you should be able to go buy another HDB flat, unless of course you are seeking specific performance to buy the same flat.

In any case, my advice is always to find out the underlying reason for the sellers to back out and try to settle it out of court; if its just truly because they regret their decision, then put an amount to them for compensation and close the case, everyone will be happy.

According to my agent, the seller made some "calculation" error, and ended up not having sufficient $$ to fund the next purchase (which is a downgrade fr 5rm to 4rm). I dun find this excuse logical as the flat was bought abt 5 yrs ago, and everyone knows how much has property appreciated from SARS low.

I also hope everyone is happy with the transaction, on the condition that all my losses are covered, especially now that it's of no fault of mine...

[zirhk3355 1]

According to my agent, the seller made some "calculation" error, and ended up not having sufficient $$ to fund the next purchase (which is a downgrade fr 5rm to 4rm). I dun find this excuse logical as the flat was bought abt 5 yrs ago, and everyone knows how much has property appreciated from SARS low.

I also hope everyone is happy with the transaction, on the condition that all my losses are covered, especially now that it's of no fault of mine...

Yes you are right, by admitting that they had made a wrong calculation and entered into a contract with you, they are already admitting guilt. Since they know they are wrong and that wrong had caused you to incur losses, then its only right to compensate you, isn't it?

[ykhoong 0]

Yes you are right, by admitting that they had made a wrong calculation and entered into a contract with you, they are already admitting guilt. Since they know they are wrong and that wrong had caused you to incur losses, then its only right to compensate you, isn't it?

Well if everyone is willing to pay for their "mistakes" without seeing lawyer letter or court order, then this world is a lot more wonderful

[lauahkua 0]

Of cos can remember lah.....u have so many screwed up professionals doing your case making it so unique and so difficult to forget lah.

So how? r u done with the clementi one???? Sue the seller?

Sorry, went to clementi to fetch my son from school so didn't check msg. Gave up on waiting for lawyer to fight case as stupid lawyer also hopeless one lah. Now bought a 5rm at woodlands, hopefully can peacefully move in soon. 2nd appt 22/9 then must major reno as unit is bare original. Hope to move in by nov as my lease for current place ends.

Big headache everyday. Never knew that buying a hdb flat can be so stressful. Looking for contractors is just as bad.

Bro! wish me luck.

Edited September 15, 2008 by lauahkua

[ykhoong 0]

Of cos can remember lah.....u have so many screwed up professionals doing your case making it so unique and so difficult to forget lah.

So how? r u done with the clementi one???? Sue the seller?

Sorry, went to clementi to fetch my son from school so didn't check msg. Gave up on waiting for lawyer to fight case as stupid lawyer also hopeless one lah. Now bought a 5rm at woodlands, hopefully can peacefully move in soon. 2nd appt 22/9 then must major reno as unit is bare original. Hope to move in by nov as my lease for current place ends.

Big headache everyday. Never knew that buying a hdb flat can be so stressful. Looking for contractors is just as bad.

Bro! wish me luck.

U have my best wishes!!!!

Guys, one more question: If I intend to sue for damages and not going after the same flat, I suppose I'm free to search for other units while playing this long game with the seller (which I believe I stand a good chance). Does the damage claim include the legal fee incurred, or does the loser bear all the legal fees? Just wanted to know if I will end up paying most of the claimed damages to the lawyer instead. Thanks.

[zirhk3355 1]

U have my best wishes!!!!

Guys, one more question: If I intend to sue for damages and not going after the same flat, I suppose I'm free to search for other units while playing this long game with the seller (which I believe I stand a good chance). Does the damage claim include the legal fee incurred, or does the loser bear all the legal fees? Just wanted to know if I will end up paying most of the claimed damages to the lawyer instead. Thanks.

As mentioned earlier, claiming for your legal fees are usually on case-by-case basis. To elaborate more, the rule of thumb in awarding claims/damages is to provide compensation, not to make a gain.

To be candid, in order for you to claim for legal fees, you must prove that you are not taking advantage of the situation to rip the sellers off.