Help: Backed Out Before 1St Appt, Agent Charged Us With Full Comm As Damage Fee

[DanielXavier 0]

Hello folks,

Need some advise here.

Basically we broke up after failing to resolve long standing issues after we signed the OTP for a resale HDB flat. We thought we could ride through our personal issues with our marriage and all but it don't seem the case, therefore it was decided to cut the pain now then marry-first-then-see-how-if-not-then-divorce approach as the latter would be much more devastating.

So, handed over the signed letter of purchase cancellation letter a few days before our 1st appt to the seller in the presence of everybody (ie myself, seller, seller agent, buyer agent). Seller was upset, yes, that can be understood....and unavoidable since we met with a marriage tragedy and I mean, nothing else can be done. If I'm 35 and single then I might seriously consider buying the flat myself, but there are just no other alternatives since we're not getting married anymore. Seller received the letter, and lamented about opportunity costs (no specifics here) and I explained our situation to seller and sincerely apologised and then the buyer agent (my agent) explained the standard financial damages (forfeiture of the $5k deposit, 1.5% bank loan, if seller cannot get a better price than what we had signed in the OTP we will have to top up the difference). We then left the meeting.

Later, in the same afternoon, my agent (ie buyer agent) came to me and send me a letter detailing the damages I have to pay, the biggest sum and the most shocking thing was the 1% commission equivalent of 'damage fee'. I was shocked. I wanted to confront him on the spot, but due to not enough sleep and all that emotional trauma from my break up (just the day before), I wasn' in the right frame of mind and mood to contest directly. In a spur of the moment, I signed the letter agreeing to pay. BUT now the silver lining is that my ex girlfriend, who is also supposedly to be the 50% owner of the flat that we are supposed to purchase, haven't sign the letter yet. So, in a way, I think this damage fees letter is not valid as both buyers will have to agree to it and sign before it becomes a proper agreement. At least this is how I think.

My questions:

1. Is this proper? Or is this a case of my agent taking advantage of us consumers who are unaware of such procedures? I don't think I have to pay my agent the full comm equivalent even I didn't end up purchasing anything!

2. Also, my agent didn't bring up this point about damage fees should we cancel after we sign the OTP.

How can we challenge it? I'm intending to lodge an official complaint to CEA (www.cea.gov.sg) if my talk with this agent fails. Also, I intend to visit HDB to ask for remediation advice.

I mean, both of us are already in emotional distress, and having to deal with this additional issue.

What do you think? What can we do as consumers? We think we were misled and taken advantage of.

Thanks so much.

D

Edited April 28, 2013 by DanielXavier

[LPG 0]

wow 20 days and no replies.

its one **** of a an expensive breakup. best to contact your lawyer and seek advice ($ again)

if seller cannot get a better price than what we had signed in the OTP we will have to top up the difference). We then left the meeting.

they will surely get a better price since prices has gone up. i wished my buyer cancelled the purchase cos' i sold my unit for $450K and now its worth $600K (wtf)

looks like its going to be a long battle. ex-gf did not sign and will most likely contest the 0.5% commision.

maybe get the agent to get the other 0.5% directly from her ? hopefully after awhile they give up and close the case and pocket your 0.5% ?

check what you have signed. if it does not indicate 1% comm fee after successful purchase, you might have a case and contest it. like you've said, you didn't buy any thing... how to pay comm.

contact CEA, your lawyer ... they are the best people to answer. I just kaypo only