bepgof 20 Report post Posted November 4, 2009 Have my 1st hdb apptment yesterday as a buyer, but get caught in between by the other party who sold the house to my seller. They are in contra term. My seller who bought the unit from a pair of divorcees who had "throw away", as claimed, the title deed. The Completion was first fixed on 9 Dec, cos of the title deed incident, might be extended till ??? Below is the story: 1. I bought the 5rm unit on 1/8/09, downpayment & OTP done on the same day, hope to get transaction done asap. Was told same day bu agent that, the seller is looking for a 3 rm flat. I have indicated my intention to the agent who acts between the buyer & seller. 2. I secured a 90% bank loan on 11/8/09 and letter of offer signed on this day. If loan is not disbursed within 6 months from this date, I would have to pay a penalty of 2% of the total loan amount. Called up agent to check seller's buying status, was told the seller looking for unit which can offer contra term! Fine, finally seller found one (the pair of divorcee) and application submitted on 18/8/09. 1st appt fixed on 4/11/09. 3. To my great shock yesterday, the divorcee said in front of the lawyer from the legal dept that they have "thrown away" the TD. They are advised to advertise the "lost & found" adv in the 3 local newspapers, if no found after 7 days, they have to make a legal oath and TD be re-produced. HDB estimated completion to be on 30/12/09, if TD can be re-produced in time! To me, divorcee has taken sales of house as child play and their exclusive agent (2% comm)(HSR)also failed his service. Never mind, after this he went "oversea" and will be back this weekend! 4. On 1/8/09, I engaged a exclusive agent and sold my private unit(presently I am staying)on 20/9/09, mutually agreed(doc signed)completion on 1/2/2010, after knowing the 1st appontment date and taking the reno period (1 mnth)into consideration...... Yesterday, spoke to the HDB officer-in-charge and dropped her an email on my situations, asking her favour to laise between legal dept for "special consideration".....Supercially to me, the pair of divorcee (did not talk to each other on the spot!)with their mentality, would take "super long" and could end up "never" make the advistment & Oath. P/S: HDB officer advised me to ask my seller not to have "contra term" with the divorcees, so 2 of us can proceed. My seller is a pair of old coupler who has no cash and their only son is in Australia. I really do not want to take this route if have other choice. Anyone can advise me WHAT and HOW to do, as a buyer, in this case. Share this post Link to post Share on other sites
berry_surprise 0 Report post Posted November 5, 2009 Have my 1st hdb apptment yesterday as a buyer, but get caught in between by the other party who sold the house to my seller. They are in contra term. My seller who bought the unit from a pair of divorcees who had "throw away", as claimed, the title deed. The Completion was first fixed on 9 Dec, cos of the title deed incident, might be extended till ??? Below is the story: 1. I bought the 5rm unit on 1/8/09, downpayment & OTP done on the same day, hope to get transaction done asap. Was told same day bu agent that, the seller is looking for a 3 rm flat. I have indicated my intention to the agent who acts between the buyer & seller. 2. I secured a 90% bank loan on 11/8/09 and letter of offer signed on this day. If loan is not disbursed within 6 months from this date, I would have to pay a penalty of 2% of the total loan amount. Called up agent to check seller's buying status, was told the seller looking for unit which can offer contra term! Fine, finally seller found one (the pair of divorcee) and application submitted on 18/8/09. 1st appt fixed on 4/11/09. 3. To my great shock yesterday, the divorcee said in front of the lawyer from the legal dept that they have "thrown away" the TD. They are advised to advertise the "lost & found" adv in the 3 local newspapers, if no found after 7 days, they have to make a legal oath and TD be re-produced. HDB estimated completion to be on 30/12/09, if TD can be re-produced in time! To me, divorcee has taken sales of house as child play and their exclusive agent (2% comm)(HSR)also failed his service. Never mind, after this he went "oversea" and will be back this weekend! 4. On 1/8/09, I engaged a exclusive agent and sold my private unit(presently I am staying)on 20/9/09, mutually agreed(doc signed)completion on 1/2/2010, after knowing the 1st appontment date and taking the reno period (1 mnth)into consideration...... Yesterday, spoke to the HDB officer-in-charge and dropped her an email on my situations, asking her favour to laise between legal dept for "special consideration".....Supercially to me, the pair of divorcee (did not talk to each other on the spot!)with their mentality, would take "super long" and could end up "never" make the advistment & Oath. P/S: HDB officer advised me to ask my seller not to have "contra term" with the divorcees, so 2 of us can proceed. My seller is a pair of old coupler who has no cash and their only son is in Australia. I really do not want to take this route if have other choice. Anyone can advise me WHAT and HOW to do, as a buyer, in this case. Dear bepgof i feel so angry for u! After all the planning and applying to various agencies, now u face the penalty from your bank and where are u going to stay in future. in my midst of looking and buying resale, i came to realize that these sellers are treating it as a game, a game u play with your little friends and can suka suka back up w/o any consequences. This is because based on all the contract terms, buyers r always at losing end. I think u shld take the "out-of-goodwill" approach before u use any legal proceedings, afterall, engaging a lawyer is both time-consuming and hefty, besides at the end of the case, buyers wont get much compensation. U can take the hdb officer's suggestion and talk the old couple to find another flat, maybe can help them to look for a suitable flat. Else use legal means to force the old couple OTP to go thru. I do not think u can sue the divorcee parties in your case. If there are any agents involved, I have given up on them because they will not be around when troubles strike. Moreover, they only know how to seal the deal and take the money and run. at the meantime, pls check with your bank whether r they able to waive the penalty with your special situation. I hope for the best for u. Share this post Link to post Share on other sites
forgotten 1 Report post Posted November 5, 2009 (edited) Personally, I will talk to the bank first. Because among the 3 parties involved, the bank seems to be the most rational one to handle now. You have the HDB letter to prove that the 1st appt date is postponed with no fault on your side. I also think that the bank must have encourtered special client cases like yours before. What is the name of your bank? Edited November 5, 2009 by forgotten Share this post Link to post Share on other sites
bepgof 20 Report post Posted November 5, 2009 Appreciate yr comments/advises. Confirmed today that HDB lawyer will act on the divorcees' behave to get TD done. Completion date confirmed entended to 30/12/09. I'm a long standing customer of UOB with various accounts, and I believed in loyalty & simplicity, so use back UOB. Next, my agent is trying to arrange, privately so called, with HSR agent to get keys exchanged among 3 perties on 9/12/09. And the sellers to me has agreed applying reno permit under his name. Officially, money will be exchanged hands on 30/12/09. Some complications for this arrangement: 1. Will divorcees agree to let old couple occupying unit on 9/12/09 and apply reno permit in their name? As understand, will take a wk for the couple's reno. 2. Spoken to HDB on this, was told either legalise or illegise. But if anything goes wrong during the reno period, the applicant is hold responsible. I think should not be an issue. Will write to the press's forum to challenge HDB's inflexibility of processing the transactions, since HDB holds record of divorcees' property status, whether in soft or hard. Will find out more info on this Richard of HSR and send HSR a letter with docs, questioning the creditibilty & reputation. Might write to press on this. Share this post Link to post Share on other sites
forgotten 1 Report post Posted November 5, 2009 Appreciate yr comments/advises. Confirmed today that HDB lawyer will act on the divorcees' behave to get TD done. Completion date confirmed entended to 30/12/09. I'm a long standing customer of UOB with various accounts, and I believed in loyalty & simplicity, so use back UOB. Next, my agent is trying to arrange, privately so called, with HSR agent to get keys exchanged among 3 perties on 9/12/09. And the sellers to me has agreed applying reno permit under his name. Officially, money will be exchanged hands on 30/12/09. Some complications for this arrangement: 1. Will divorcees agree to let old couple occupying unit on 9/12/09 and apply reno permit in their name? As understand, will take a wk for the couple's reno. 2. Spoken to HDB on this, was told either legalise or illegise. But if anything goes wrong during the reno period, the applicant is hold responsible. I think should not be an issue. Will write to the press's forum to challenge HDB's inflexibility of processing the transactions, since HDB holds record of divorcees' property status, whether in soft or hard. Will find out more info on this Richard of HSR and send HSR a letter with docs, questioning the creditibilty & reputation. Might write to press on this. Hope everything can be settled nicely without the old couple having no place to sleep. Keep us updated Share this post Link to post Share on other sites
bepgof 20 Report post Posted November 11, 2009 Updates: Correction: The sale of unit of divorcee is handled by private laywer who is supposed to get the title deed done, but when? The 2 agents (DWG & HSR) were supposed to meet up on 8/11/09(sun), on issues of "private arrangement of key hand over" and compensation, if any. But meeting re-scheduled to 11/11/09(today). They are supposed to ink & sign the agreement, thought I think this doc might not have legal binding effects in eye of law. Have informed my lawyer to inform bank on penalty issue due to non-reimbursement of loan within 6 months. Was told not to worry, so long as it is not a cancellation of loan. Have written to the ST, not yet published. If the old coupler breaks contra with the divorcee, meaning that the couple has to stay somewhere else for 6 wk. Will walk in to see DWG's DR, Wee for solutions, if no news from agent by end of today. Share this post Link to post Share on other sites
forgotten 1 Report post Posted November 14, 2009 Updates: Correction: The sale of unit of divorcee is handled by private laywer who is supposed to get the title deed done, but when? The 2 agents (DWG & HSR) were supposed to meet up on 8/11/09(sun), on issues of "private arrangement of key hand over" and compensation, if any. But meeting re-scheduled to 11/11/09(today). They are supposed to ink & sign the agreement, thought I think this doc might not have legal binding effects in eye of law. Have informed my lawyer to inform bank on penalty issue due to non-reimbursement of loan within 6 months. Was told not to worry, so long as it is not a cancellation of loan. Have written to the ST, not yet published. If the old coupler breaks contra with the divorcee, meaning that the couple has to stay somewhere else for 6 wk. Will walk in to see DWG's DR, Wee for solutions, if no news from agent by end of today. It's good to share the story on forum and newspapers. Then other people will be careful of such issue. I hope the sticky situation can be resolved for u soon. Share this post Link to post Share on other sites
nesh 0 Report post Posted November 14, 2009 Is hdb flexible in hdb loans ? one of my friend who was jobless for 8months. this happened quite sometime back... then one day he got himself a job.. he applied for a hdb unit in one of the sales.. but he have only the Appointment letter to show hdb to do a HLE as he has just joined the company. he was given hdb loan as he was a first timer. i thought a person who wants to get a HLE done shd produce 3 mths payslip.. is appointment letter enough ? kinda confused... Share this post Link to post Share on other sites
Ah wong 0 Report post Posted November 15, 2009 Is hdb flexible in hdb loans ? one of my friend who was jobless for 8months. this happened quite sometime back... then one day he got himself a job.. he applied for a hdb unit in one of the sales.. but he have only the Appointment letter to show hdb to do a HLE as he has just joined the company. he was given hdb loan as he was a first timer. i thought a person who wants to get a HLE done shd produce 3 mths payslip.. is appointment letter enough ? kinda confused... From my experience, it need 3 months pay slip to proof, and had to be from the same company. Share this post Link to post Share on other sites
bepgof 20 Report post Posted December 2, 2009 Updates: -3 parties have signed "unofficial letter" to exchage keys...I'll get the key on 13/12/09. -Yesterday, agent confirmed title deed done and completion re-schedule to 21/12/09. Yet to receive HDB's letter on this. - Have signed the reno offer and hand picked some ceramic/homog tiles for tiolets & kitchen. Yet to pick granite. Share this post Link to post Share on other sites
bepgof 20 Report post Posted December 30, 2009 Final words. Yesterday was the completion date, exactly 8 wk. - actually received key on 13/12/09 from nice old coupler , reno in progress. - Will move in 28/1/10 - Reno completion 5/2/10. Heard from my wife who attended 2nd appointment yesterday: - The divorcee has not cancelled their water/electricity/gas, so the old couple could not register to use city gas. So they have not put up the kitchen cabinet. Now has to cook using private gas. Agent is working on to ask for compensation, but through ???lawyer? sure not worth ! in term of time & $. I will personally handover my existing unit's key to lawyer on 29/1/10. Piece of advise to buyer: try understand further yr seller and agent before buying. Share this post Link to post Share on other sites
bepgof 20 Report post Posted December 30, 2009 Final words: - yesterday was completion date, exactly 8 wk. - actually received key fron nice old coupler, reno in progress. - will move in on 28/1/10. - final reno completion on 5/2/10. Heard from wife who attended the 2nd appointment that: - dirvocee has not cancelled their water/electricity/gas, so the old coupler cannot register under their name. - They put the kitchen cabinet reno on hold because of this. - the wife has to cook using private gas which she is not familar with. Piece of advise to buyer: try understand the seller/agent further before buying. Share this post Link to post Share on other sites
