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

[ykhoong 0]

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.

Thanks. Things are getting a bit more complicated now. The sellers claim that they have ZERO savings, and the cash portion they retain after repaying loan and CPF is merely ~10k, which is not enough to pay 5% cash to buy flats of any size in today's market. Hence decide not to sell.

But if they are REALLY THAT POOR, then I'm afraid it might be difficullt to claim my damages (easily >10k), let alone the legal fees involved in filing the claims. If they really become bankrupt, then I might risk spending more on legal fees (hear say can easily be >100k?) than getting back my damages. And if they are REALLY THAT POOR, dun think they can afford to settle my damages off the court too.

Any win-win solution? This sounds like a poor man chasing after a poorer man for $$..... Thanks.

[zirhk3355 1]

Thanks. Things are getting a bit more complicated now. The sellers claim that they have ZERO savings, and the cash portion they retain after repaying loan and CPF is merely ~10k, which is not enough to pay 5% cash to buy flats of any size in today's market. Hence decide not to sell.

But if they are REALLY THAT POOR, then I'm afraid it might be difficullt to claim my damages (easily >10k), let alone the legal fees involved in filing the claims. If they really become bankrupt, then I might risk spending more on legal fees (hear say can easily be >100k?) than getting back my damages. And if they are REALLY THAT POOR, dun think they can afford to settle my damages off the court too.

Any win-win solution? This sounds like a poor man chasing after a poorer man for $$..... Thanks.

You mean they are selling you the flat at less than $10K above their buying price 5 yrs ago? Backdate 5 yrs ago is 2003, what was that period? SARS, remember? You believe??

The more likely the person becomes a bankrupt, the quicker you must file your damages' claims. Once you are awarded with the damages by court BEFORE the guy becomes bankrupt, all the claims will be channeled to the OA to pay them off. I don't see why you need to spend more on legal fees. And since you said your case is strong and very straightforward, I am quite sure it won't be $100K one lahh - you are not fighting a corporate lawsuit or murder trial!

Win-win solution, to me, is to get the seller to continue selling the flat and you help him with whatever his situation is, eg maybe rent the flat back to him, pay his agents' fees to find new flat, etc. Unless the guy can show you some proof, I believe the likely reason for not selling is that he cannot MAKE enough money from selling/buying.

[waileong 0]

Claims for legal fees are not on a case by case basis, although it's up to the discretion of the court to award the amounts usually based on how much each party is at fault.

So in some cases, each party bears its own costs, in others, the losing party can pay part or all of the other party's costs, depending on the merit of its case.

But once awarded, you can certainly claim for it. If necessary, apply to the court to seize the property of the other side and sell it to recover your costs and damages.

[zirhk3355 1]

So in some cases, each party bears its own costs, in others, the losing party can pay part or all of the other party's costs, depending on the merit of its case.

Erm, this is what I meant by 'case-by-case' basis...

[ykhoong 0]

You mean they are selling you the flat at less than $10K above their buying price 5 yrs ago? Backdate 5 yrs ago is 2003, what was that period? SARS, remember? You believe??

The more likely the person becomes a bankrupt, the quicker you must file your damages' claims. Once you are awarded with the damages by court BEFORE the guy becomes bankrupt, all the claims will be channeled to the OA to pay them off. I don't see why you need to spend more on legal fees. And since you said your case is strong and very straightforward, I am quite sure it won't be $100K one lahh - you are not fighting a corporate lawsuit or murder trial!

Win-win solution, to me, is to get the seller to continue selling the flat and you help him with whatever his situation is, eg maybe rent the flat back to him, pay his agents' fees to find new flat, etc. Unless the guy can show you some proof, I believe the likely reason for not selling is that he cannot MAKE enough money from selling/buying.

Well according to them, the purchase price 3-4 yrs back (bank loan, hence no minimum occupancy) was 65k lower then the selling price now. After deducting the outstanding bank loan and returning the all the CPF components (yet to see REAL PROOF), they are left with ~10k cash. Coupled with ZERO savings (can u believe it? a family of >4), hence not enough cash to fund their next purchase.

If they sell, I will be happy and they will be left with ~10k cash but have to rent somewhere (which they are reluctant to).

If they dun sell, and if their story is true, I will probably be the one who make them bankcrupt, and I might risk having to spend much more on legal fees to pursue this further, than the original damages. What I heard is that banks and CPF have higher priority in claiming than me, which means the most I could squeeze out of them is ~10k afterall, even if I have the full right to claim my legal fees too. Of course this is all based on the assumption that their story is genuine....

Now they are short of at least 20k HARD CASH to fund their purchase. I cant possibly up my budget to "help" them, and I dun think anyone in the market today will consider the flat at such premium. Rent to them? Then who is there to pay my rental now? Aihh....

Anyone tried Small Claim Tribunal b4, which can claim up to 10k? Even though there is virtually no legal fees there, but some websites say it can also be complicated if we win and they still refuse/unable to pay up. Any experience to share?

[therat 18]

the purchase price 3-4 yrs back (bank loan, hence no minimum occupancy) was 65k lower then the selling price now.

I don't believe

during 2006 I sold away my 5 rm HDB 10k below valution (valution price $285K)..

Now.. my ex-5rm HDB valuation is far above $300k

Don't believe them, they try to smoke you.

Try to make u think they are poor, very ke lian. no money. So that u can ignore them and move on.

So that they can sell higher price to their advantage on your expense.

[ykhoong 0]

the purchase price 3-4 yrs back (bank loan, hence no minimum occupancy) was 65k lower then the selling price now.

I don't believe

during 2006 I sold away my 5 rm HDB 10k below valution (valution price $285K)..

Now.. my ex-5rm HDB valuation is far above $300k

Don't believe them, they try to smoke you.

Try to make u think they are poor, very ke lian. no money. So that u can ignore them and move on.

So that they can sell higher price to their advantage on your expense.

Aihh I also dun bother whether their story is true or not la, as long as someone is responsible for my damages...

Anyway, they claim that it's the seller's agent mistake in the miscalculation (which the agent admitted), and so now they have lodged a complain to the agency (P.......). I wonder what are the chances that the agency will pay for the damages. Anyone?

[lauahkua 0]

Aihh I also dun bother whether their story is true or not la, as long as someone is responsible for my damages...

Anyway, they claim that it's the seller's agent mistake in the miscalculation (which the agent admitted), and so now they have lodged a complain to the agency (P.......). I wonder what are the chances that the agency will pay for the damages. Anyone?

Don't expect any agency to pay any damages even if is their fault. They only money in 1 way (ie into their pocket).

[spidercool 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.

Hi Bro, sure do wish you all the best. me stay in Woodlands too, near the circle green. Love my love nest.

Woodlnands is a nice place, quite / peaceful and good MPs. Welcome to stay in the north!

[npn 0]

Aihh I also dun bother whether their story is true or not la, as long as someone is responsible for my damages...

Anyway, they claim that it's the seller's agent mistake in the miscalculation (which the agent admitted), and so now they have lodged a complain to the agency (P.......). I wonder what are the chances that the agency will pay for the damages. Anyone?

Hi ykhoong,

How did u proceed to settle the case ? We are also in a similar situation now.

First appt in a couple of days and received a letter from hdb that seller has cancelled the appt.

npn

[tommy78 0]

Hi ykhoong,

How did u proceed to settle the case ? We are also in a similar situation now.

First appt in a couple of days and received a letter from hdb that seller has cancelled the appt.

npn

demand for compensation if not then u got the right to sue them.

IMO Once OTP signed the seller is at lossing end one..

[ykhoong 0]

Hi ykhoong,

How did u proceed to settle the case ? We are also in a similar situation now.

First appt in a couple of days and received a letter from hdb that seller has cancelled the appt.

npn

Hi npn,

I'm sorry to hear that. Few points to note:

1. Consult your lawyer abt your legal rights, and cost.

2. Approach the seller/agent to find out the reason, and see if they are willing to compensate your losses.

3. Dun bother to approach HDB as they will not do anything to help.

4. Find out and calculate all your losses (agent fees, loan cancellation, legal fee etc)

For my case, I managed to get the seller (and their agent who is at fault) to pay for all our damages. So in the end we just settled it peacefully and moved on fr there. Feel free to PM me if you have more questions.

Good luck!