Aragosta 0 Report post Posted February 2, 2010 I believe u can classified this as a "mis-selling" or "mis-representing". You bought the unit under false information given to u by the agent. Example to quote : If ur unit has an empty plot of land in front, and the agent told u that it will be used for a shopping centre. And u bought the unit based on this point. In the end, it turns out to be a graveyard. If u have evidence of him telling u that it is going to be a shopping centre, u can sue him, or rather his company for damages. What i suggest, Ask ur agent out again, and then u tape the whole conversation. Make him admit that he did mis-sell or mis-represent himself to u. If u are successful, sue his *** off. Damages u can ask for : All the deposits paid + If u buy a higher price unit of same valuation, the agent's company are liable to pay for u. But what i would suggest, is that u play the recording for the agent to listen, and ask him to foot whatever costs there is to build back the wall. The initial confusion will make ur agent blur and make him pen it down in black and white, admiting his fault and to pay for the walls. Keep saying if he dun comply, then prepare to be sue. Most agent do not have the experience of being sued so i think to avoid trouble on his part, he will pay the few hundreds dollar. Just my 2 cent worth. Anyone can confirm taping the conversation can jalan in CASE? Share this post Link to post Share on other sites
tnqhome 0 Report post Posted February 3, 2010 I believe u can classified this as a "mis-selling" or "mis-representing". You bought the unit under false information given to u by the agent. Example to quote : If ur unit has an empty plot of land in front, and the agent told u that it will be used for a shopping centre. And u bought the unit based on this point. In the end, it turns out to be a graveyard. If u have evidence of him telling u that it is going to be a shopping centre, u can sue him, or rather his company for damages. What i suggest, Ask ur agent out again, and then u tape the whole conversation. Make him admit that he did mis-sell or mis-represent himself to u. If u are successful, sue his *** off. Damages u can ask for : All the deposits paid + If u buy a higher price unit of same valuation, the agent's company are liable to pay for u. But what i would suggest, is that u play the recording for the agent to listen, and ask him to foot whatever costs there is to build back the wall. The initial confusion will make ur agent blur and make him pen it down in black and white, admiting his fault and to pay for the walls. Keep saying if he dun comply, then prepare to be sue. Most agent do not have the experience of being sued so i think to avoid trouble on his part, he will pay the few hundreds dollar. Just my 2 cent worth. Anyone can confirm taping the conversation can jalan in CASE? CASE will not give legal advice... They will direct you to town council free legal advice... From there you can get free consultation from the lawyer... Share this post Link to post Share on other sites
rawmeat 0 Report post Posted February 4, 2010 CASE will not give legal advice... They will direct you to town council free legal advice... From there you can get free consultation from the lawyer... the more i ask the more i find my agent useless... i suspect he's just a part-time agent despite his 'status' in his company.... everything i ask him, he will hesitate... i'll have to ask if he knows or don't know... everytime, he'll throw smoke and pretends that he knows... and insist that i don't know about resale procedures and shouldn't doubt him.... when i call hdb subsequently and get a different picture.. he'll pretend he has never advise me earlier and insist that if i'm buying a house, i should already know all these... or made an effort to read up... i makes me wonder why am i paying 1% commission for the agent to just do paper work for me? I can easily do it myself.. I always thought agent will give me a piece of mind, englightening me on all the procedures so that i don't have to waste time reading, settle all paperwork for me and just giving me the exact date to show up and exact stuff to bring.... it's all not happening for my agent.. I got to call HDB to ask so many things and I'm impressed by HDB's hotline, they could provide all answers and even advice you on how to carry out everything.. really regreted, but looking back, i don't have a choice either as singapore as no rules?? governing these agent? if we don't pay them commission or sign on the commission form, they can always play punk and say seller don't want to sell without the sellers knowing.... similar to agents who refuse to co-broke. feel like quitting my job now and be a property agent.... advertise for people, get commission, do paper work for people, get commission... and i just need to close 1 deal every 2 mths to match my current pay... Share this post Link to post Share on other sites
berry_surprise 0 Report post Posted February 4, 2010 the more i ask the more i find my agent useless... i suspect he's just a part-time agent despite his 'status' in his company.... everything i ask him, he will hesitate... i'll have to ask if he knows or don't know... everytime, he'll throw smoke and pretends that he knows... and insist that i don't know about resale procedures and shouldn't doubt him.... when i call hdb subsequently and get a different picture.. he'll pretend he has never advise me earlier and insist that if i'm buying a house, i should already know all these... or made an effort to read up... i makes me wonder why am i paying 1% commission for the agent to just do paper work for me? I can easily do it myself.. I always thought agent will give me a piece of mind, englightening me on all the procedures so that i don't have to waste time reading, settle all paperwork for me and just giving me the exact date to show up and exact stuff to bring.... it's all not happening for my agent.. I got to call HDB to ask so many things and I'm impressed by HDB's hotline, they could provide all answers and even advice you on how to carry out everything.. really regreted, but looking back, i don't have a choice either as singapore as no rules?? governing these agent? if we don't pay them commission or sign on the commission form, they can always play punk and say seller don't want to sell without the sellers knowing.... similar to agents who refuse to co-broke. feel like quitting my job now and be a property agent.... advertise for people, get commission, do paper work for people, get commission... and i just need to close 1 deal every 2 mths to match my current pay... i'm having the same kind of agent as u and NO, i will not quit my job or even consider to be a housing agent. Share this post Link to post Share on other sites
usagisan 0 Report post Posted February 14, 2010 hi all We're facing a bad situation and hope those who are planning to purchase a resale flat learn from our lesson and avoid the agony we are going through now. We exercised the OTP within a week and our agent said she'll submit our documents the next day. 1 week later I called to ask for the 1st appt date and was told the owner of our flat can't get bank loan for the unit he's buying, so submission by owner's agent is delayed. Apparently the owner wanted the sell & buy submission to be done on same day. I don't understand why we have to wait for the seller to get his bank loan when these 2 matters are non-related. I've done my part as buyer to rush out the documents within a week, is it fair to let us wait? Worse of all, our agent didn't tell us anything until I called her. After we made noise, our agent said she will get the documents back from the owner's agent and submit the application the next day. When there was no news on the 1st appointment (within 2 days of the date she said will do submission), i called her again. Guess what? She said the application can't go through as the owner didn't meet the Minimum Occupancy Period (MOP) of 5 years and the owner is at HDB right now to appeal. Imagine the shock we had! How could the owner sell his flat when he didn't meet the MOP? Why didn't the owner's agent check first? We do not know if the MOP excuse is true or just a way to buy time. HDB refused to reveal any information as we are considered 3rd-party. HDB only told us if appeal is submitted for MOP, it will take 3 - 4 weeks to know the outcome. If the MOP excuse is true and they lost the appeal, we would have wasted 6 wks for nothing. Even if they pay back our deposit, how to compensate the higher COV we have to pay for purchasing a flat later? When we checked the OTP, we realised it's 45 days for submission. We regret not changing it to a shorter period. Now we just have to wait out the 45 days for the outcome Therefore for those who are going to purchase a resale flat, please check through all documents carefully. Ask for tangible evidence (MOP, approved flat plan modifications etc) before signing the OTP. We were too careless and trusted the agents too much... a very expensive lesson for us.... Share this post Link to post Share on other sites
forgotten 1 Report post Posted February 14, 2010 (edited) hi all We're facing a bad situation and hope those who are planning to purchase a resale flat learn from our lesson and avoid the agony we are going through now. We exercised the OTP within a week and our agent said she'll submit our documents the next day. 1 week later I called to ask for the 1st appt date and was told the owner of our flat can't get bank loan for the unit he's buying, so submission by owner's agent is delayed. Apparently the owner wanted the sell & buy submission to be done on same day. I don't understand why we have to wait for the seller to get his bank loan when these 2 matters are non-related. I've done my part as buyer to rush out the documents within a week, is it fair to let us wait? Worse of all, our agent didn't tell us anything until I called her. After we made noise, our agent said she will get the documents back from the owner's agent and submit the application the next day. When there was no news on the 1st appointment (within 2 days of the date she said will do submission), i called her again. Guess what? She said the application can't go through as the owner didn't meet the Minimum Occupancy Period (MOP) of 5 years and the owner is at HDB right now to appeal. Imagine the shock we had! How could the owner sell his flat when he didn't meet the MOP? Why didn't the owner's agent check first? We do not know if the MOP excuse is true or just a way to buy time. HDB refused to reveal any information as we are considered 3rd-party. HDB only told us if appeal is submitted for MOP, it will take 3 - 4 weeks to know the outcome. If the MOP excuse is true and they lost the appeal, we would have wasted 6 wks for nothing. Even if they pay back our deposit, how to compensate the higher COV we have to pay for purchasing a flat later? When we checked the OTP, we realised it's 45 days for submission. We regret not changing it to a shorter period. Now we just have to wait out the 45 days for the outcome Therefore for those who are going to purchase a resale flat, please check through all documents carefully. Ask for tangible evidence (MOP, approved flat plan modifications etc) before signing the OTP. We were too careless and trusted the agents too much... a very expensive lesson for us.... Poor u, to meet such a irresponsible seller. I hope HDB will approve the appeal soon! Besides MOP, we should get our agent to check the seller's Bankruptcy status too. OTPs typically state 30 days for submission. Edited February 14, 2010 by forgotten Share this post Link to post Share on other sites
jeda 0 Report post Posted February 14, 2010 Poor u, to meet such a irresponsible seller. I hope HDB will approve the appeal soon! Besides MOP, we should get our agent to check the seller's Bankruptcy status too. OTPs typically state 30 days for submission. is there a 'typical' resale submission date? sometimes when the buyer is desperate, the seller has the upper hand (or that the seller's flat is really good). my seller requested for almost 3 mths, but luckily my agent cut it down to over a month plus. yes, do not take the agents' word for it. we requested for bankruptcy check report and confirmation that the seller can sell (that they produce a HDB letter as evidence) their flat before we sign OTP. my husband was laughing at my pessimism, but i dont mind looking like a fool then all for a peace of mind. but we fell into the 'mutual agreement of extension of stay after 2nd appointment' trap and luckily i learnt from this forum and told my agent to schedule 2nd appt to coincide with the last day of their extended stay. usagisan, thanks for sharing your story, i'm sure a lot will benefit from it. all the best to you. Share this post Link to post Share on other sites
forgotten 1 Report post Posted February 14, 2010 (edited) is there a 'typical' resale submission date? sometimes when the buyer is desperate, the seller has the upper hand (or that the seller's flat is really good). my seller requested for almost 3 mths, but luckily my agent cut it down to over a month plus. yes, do not take the agents' word for it. we requested for bankruptcy check report and confirmation that the seller can sell (that they produce a HDB letter as evidence) their flat before we sign OTP. my husband was laughing at my pessimism, but i dont mind looking like a fool then all for a peace of mind. but we fell into the 'mutual agreement of extension of stay after 2nd appointment' trap and luckily i learnt from this forum and told my agent to schedule 2nd appt to coincide with the last day of their extended stay. You made a wise decision to schedule 2nd appt to be the last day of their extended stay. You avoid paying your loan instalments earlier, save you some cpf $$. I agree that sellers have the upper hand. If we don't accept their condition, they can choose to sell their house to another buyer. Edited February 14, 2010 by forgotten Share this post Link to post Share on other sites
usagisan 0 Report post Posted February 15, 2010 haiz.... if only we had read through the forum before purchase to know the "traps" set by agents & sellers. Now we just have to go ahead with our wedding plans without a new flat we wonder if what the owner & agent told us is true, so we've sent a stern email to my agent asking for evidence regarding this issue, e.g. rejection of submission, appeal letter etc. Let's see how they react. If submission is typically within 30 days, why did they put 45 days? Is it a deliberate attempt to buy time? Coz earlier owner had asked for 3 months extension in return for lower COV but we insisted on max of 2 mths. jeda: if the agreement was 2 mths extension after 2nd appt, how to schedule the end of extended stay to coincide with the appt? if the appeal goes through, we want to do that too. Do you mean since 2nd appt is 8 wks after 1st appt, just postpone the 2nd appt to be 16 wks later instead? I wonder if the owner will agree... Share this post Link to post Share on other sites
Ronald 0 Report post Posted February 15, 2010 You made a wise decision to schedule 2nd appt to be the last day of their extended stay. You avoid paying your loan instalments earlier, save you some cpf $$. I agree that sellers have the upper hand. If we don't accept their condition, they can choose to sell their house to another buyer. is it legal at all that sellers can choose not to sell after accepting the options? I mean if they continue advertising (nowadays sellers engage many agents), and someone offer them a higher price? I don't think that's legally correct... even ebay don't allow that.... also, i read to my amusement that agents can go away with all these crimes... why do we engage agents in the first place? it's like if law books are available, why do i need to engage a lawyer? it's for their professional services and we pay to trust their professional advice... sad to say singapore has no governance of rogue agents who, like mine, are simply here to take a ride... represent seller and take buyers commission without doing anything as they know we die die have to pay, and if we don't pay, they can send lawyer's letter to sue us.... ridiculous..... and if they're not registered, they can continue to be agents, and we've one less means for dispute resolution... it's all win-win for agent.. lose-lose for buyers and sellers.. and it's not as if we can choose our agents all the time... for rogue agents who refuse to co-broke, we've no choice but to walk-in to their traps... Share this post Link to post Share on other sites
forgotten 1 Report post Posted February 15, 2010 (edited) is it legal at all that sellers can choose not to sell after accepting the options? I mean if they continue advertising (nowadays sellers engage many agents), and someone offer them a higher price? I don't think that's legally correct... even ebay don't allow that.... What I meant in my previous post was... Initially, the seller can choose not to accept OTP if the buyer refuses to accept his condition. After the seller accepts exercise of the OTP, the seller will have to sell to the buyer unless the HDB rejects the resale application. Edited February 15, 2010 by forgotten Share this post Link to post Share on other sites
bepgof 20 Report post Posted February 16, 2010 This is a rather straight-forward case. Just get a ID to hack/build the walls to what u want. Should be less than $1K. Buyer must always be in extra careful, check the following if rather interested in the unit: 1. Ask/check seller's status. Has bought another place to stay or is buying in progress? 2. How long u expect him to finish the buying. 3. Once exercise OTP, maximum submission is 90 days later. Agents very likely to put this days without informing buyer to protect his backside. 4. Check if any " contra case" involve. Share this post Link to post Share on other sites
forgotten 1 Report post Posted February 16, 2010 (edited) This is a rather straight-forward case. Just get a ID to hack/build the walls to what u want. Should be less than $1K. Buyer must always be in extra careful, check the following if rather interested in the unit: 1. Ask/check seller's status. Has bought another place to stay or is buying in progress? 2. How long u expect him to finish the buying. 3. Once exercise OTP, maximum submission is 90 days later. Agents very likely to put this days without informing buyer to protect his backside. 4. Check if any " contra case" involve. Good points. No. 3 point brought up by you is something that many of us, first-timers do not pay attention to! I asked the seller's agent on their status during my first viewing. She replied that they had already bought a condo and got its keys. On our HDB 1st appointment, then my agent and I realised that the seller's agent had lied. The seller only started looking for another house after we exercised the OTP. Conclusion: Seller and agent may lie. Better ask for some proof. Edited February 17, 2010 by forgotten Share this post Link to post Share on other sites
bepgof 20 Report post Posted February 18, 2010 Hope this helps those he who read this, especially for buyers: TRANSACTION DATE: 1. NOW submission to 1st appt is 12wk away! Submit today, earlier possible 1st appt date is 4 May 2010! This indicates hdb resale mkt is hot. 2. Lookout on OPT document for submission day, there is a "blank field" whereby most agents like to put "90" days. 90 days = 13 wk!. Meaning, agent is legalised to submit yr application 90 days after u exercised OTP. You have the RIGHT to change to day, so long not more than 90 days. Put this day as small as possible to your advantage and "force" agent & seller to commit to submit application early. 3. The legalised maximum period from 1st appt to 2nd appt is 8wk, This is stated in the OTP. If 2nd appt can't be completed within 8wk, buyer(fault on on him) is entitled to get back deposit & downpayment prevaling interest. 4. So, from moment you've eyed an unit, maximum transaction period is 90days + 12wk + 8wk = 33wk. 5. Resale pte property, transaction takes 8wk counts from OTP date. Buyers DO NOT need to pay commission to agent. Your agent'll split the comm from seller's agent. Goodluck always follow good planning. Good planning needs information and experience whereby you can't buy from school. And always, u need to pay "school fee" for experience. Share this post Link to post Share on other sites
usagisan 0 Report post Posted February 21, 2010 Hope this helps those he who read this, especially for buyers: TRANSACTION DATE: 1. NOW submission to 1st appt is 12wk away! Submit today, earlier possible 1st appt date is 4 May 2010! This indicates hdb resale mkt is hot. 2. Lookout on OPT document for submission day, there is a "blank field" whereby most agents like to put "90" days. 90 days = 13 wk!. Meaning, agent is legalised to submit yr application 90 days after u exercised OTP. You have the RIGHT to change to day, so long not more than 90 days. Put this day as small as possible to your advantage and "force" agent & seller to commit to submit application early. 3. The legalised maximum period from 1st appt to 2nd appt is 8wk, This is stated in the OTP. If 2nd appt can't be completed within 8wk, buyer(fault on on him) is entitled to get back deposit & downpayment prevaling interest. 4. So, from moment you've eyed an unit, maximum transaction period is 90days + 12wk + 8wk = 33wk. 5. Resale pte property, transaction takes 8wk counts from OTP date. Buyers DO NOT need to pay commission to agent. Your agent'll split the comm from seller's agent. Goodluck always follow good planning. Good planning needs information and experience whereby you can't buy from school. And always, u need to pay "school fee" for experience. To add on to pt 2, i've been advised to insist that seller & buyers initial against the blank field after the agreed no. of days is filled in. Spell it down too, to be on a kiasu side. When my agent asked me to sign the OTP, 45 days had already been filled in without discussing with us first. Share this post Link to post Share on other sites