Anyone Has Experience On Buying Hdb Where Seller Is Divorce Case?

[Phantom 1]

Dear Renotalkers,

Need some advice... I'm looking to buy a HDB from a couple.. Need to confirm but I believe court granted divorce proceedings. The problem now is one party is not selling and refuse to let the valuer in.. We are trying to sort that out because no valuation report means bank cannot grant LO.. Which also means that I won't be able to exercise the option...

Agent telling me to request the valuation report under my name. Should I get the agent to pay for it first then I reimburse him later? at the same time request to put $1 option to minimize my potential losses? can the courts grant an order to sign the necessary documents if one party is willing to sign?

Should I lodge a caveat ? Seems like lotsa trouble for a hdb flat.. Lol

in case anyone asking..

Have not seen the place

original condition

more than 30 years old

no valuation done

but... Yeah I am interested to buy...

[forgotten 1]

Dear Renotalkers,

Need some advice... I'm looking to buy a HDB from a couple.. Need to confirm but I believe court granted divorce proceedings. The problem now is one party is not selling and refuse to let the valuer in.. We are trying to sort that out because no valuation report means bank cannot grant LO.. Which also means that I won't be able to exercise the option...

Agent telling me to request the valuation report under my name. Should I get the agent to pay for it first then I reimburse him later? at the same time request to put $1 option to minimize my potential losses? can the courts grant an order to sign the necessary documents if one party is willing to sign?

Should I lodge a caveat ? Seems like lotsa trouble for a hdb flat.. Lol

in case anyone asking..

Have not seen the place

original condition

more than 30 years old

no valuation done

but... Yeah I am interested to buy...

"can the courts grant an order to sign the necessary documents if one party is willing to sign? "

The answer is no. But HDB side will ask them to dispose their HDB unit 6 months after their divorce is finalised. I will say that HDB side is compassionate towards divorcees. HBD allowed my friend to sell his house off 1 year + after his divorce was finalised. I have a few divorcee friends who sold off their houses last year.

Even if you manage to get the valuation report done, you still need to get both parties to sign on the resale application form before your agent can submit it to get your HDB 1st appointment date. What if that unwilling party refuses to sign on documents, refuses to turn up for HDB 1st appointment?

Be prepared for lots of delays if you decide to go ahead with this unit's OTP, as one party is uncooperative. Well if I'm you, I'll continue to source for other units, while I wait for both parties of this unit to agree to sell it off. There are still other units out there waiting for you hehe.

Edited March 4, 2010 by forgotten

[Phantom 1]

"can the courts grant an order to sign the necessary documents if one party is willing to sign? "

The answer is no. But HDB side will ask them to dispose their HDB unit 6 months after their divorce is finalised. I will say that HDB side is compassionate towards divorcees. HBD allowed my friend to sell his house off 1 year + after his divorce was finalised. I have a few divorcee friends who sold off their houses last year.

Even if you manage to get the valuation report done, you still need to get both parties to sign on the resale application form before your agent can submit it to get your HDB 1st appointment date. What if that unwilling party refuses to sign on documents, refuses to turn up for HDB 1st appointment?

Be prepared for lots of delays if you decide to go ahead with this unit's OTP, as one party is uncooperative. Well if I'm you, I'll continue to source for other units, while I wait for both parties of this unit to agree to sell it off. There are still other units out there waiting for you hehe.

hmm.. I was having a quick check with my lawyer who of course mentioned that I should appoint them to represent me instead of the hdb appointed lawyers.. They mentioned generally that it is possible that the court order can be gotten so that the court sign on behalf provided that a prospective sale fails because of a partner unwilling to sign.. yeah the thing is I will continue to look while trying to get this thru.. Yeah many units not selling for this kind of price..

[Plastic3 0]

Best is to get Sellers Agent to sort the couple out...if they cannot resolve their differences there can be many problems..

[bepgof 20]

Need some advice... I'm looking to buy a HDB from a couple.. Need to confirm but I believe court granted divorce proceedings. The problem now is one party is not selling and refuse to let the valuer in.. We are trying to sort that out because no valuation report means bank cannot grant LO.. Which also means that I won't be able to exercise the option...

Agent telling me to request the valuation report under my name. Should I get the agent to pay for it first then I reimburse him later? at the same time request to put $1 option to minimize my potential losses? can the courts grant an order to sign the necessary documents if one party is willing to sign?

Should I lodge a caveat ? Seems like lotsa trouble for a hdb flat.. Lol

in case anyone asking..

Have not seen the place

original condition

more than 30 years old

no valuation done

but... Yeah I am interested to buy...

Believed you intended to take advantage situation to press price down, if not, why take all these troubles? Just too many uncertainties ahead. If true, divorce already bad, why add "salt" to injury?

Anyway, once legalised divorced they must sell within 12 months. Court can't proceed order sales of property with joint account with "one-party" consent, except factors like time expiry, sudden death, bankruptcy, etc.

Whoever pay $180 for valuation make no difference to me, just coordinate with the "willing-to-sell" party and let the valuation possible......

Lodge a legal caveat? Against what, on what capacity/ground you or the "willing-to-sell" party have?

Ask yourself this: If transaction goes through, the $ "opportunity gains", say $50K from this sale, worths the "troubles"?.

Next, my son's tutor encountered seller passed away after 1st appointment - once 1st appontment done, the whole transaction will be done, though any party wants to withdraw or suddenly pass away in the middle of process.

[Phantom 1]

Believed you intended to take advantage situation to press price down, if not, why take all these troubles? Just too many uncertainties ahead. If true, divorce already bad, why add "salt" to injury?

Anyway, once legalised divorced they must sell within 12 months. Court can't proceed order sales of property with joint account with "one-party" consent, except factors like time expiry, sudden death, bankruptcy, etc.

Whoever pay $180 for valuation make no difference to me, just coordinate with the "willing-to-sell" party and let the valuation possible......

Lodge a legal caveat? Against what, on what capacity/ground you or the "willing-to-sell" party have?

Ask yourself this: If transaction goes through, the $ "opportunity gains", say $50K from this sale, worths the "troubles"?.

Next, my son's tutor encountered seller passed away after 1st appointment - once 1st appontment done, the whole transaction will be done, though any party wants to withdraw or suddenly pass away in the middle of process.

I'm taking advantage of the situation, I don't disagree. Haven't said so, I have not offered a ridiculously lowball price. The price discussed is a reasonable reflection of current market pricing. Many buyers were put off and apparently there's only me and 2 others that are interested.. I'm not sure about the part adding salt to injury. They will need to sell it to somebody along the way regardless unless the matrimonial plan is to sell back to HDB right?

Fair point on the valuation report. I was mulling about requesting it online. The agent already given me the address..

Lodging the legal caveat was just a thought. Both parties have equal right to appoint an agent or to sell to another. I was just thinking if I was the first person technically that they signed the option with, if the other party comes in with another seller that would be troublesome for me.

If the transaction goes through, yes it will be worth the trouble imho as the areas i'm looking at do not have many sellers.

The only thing I am concerned about (if there are any other points I overlooked do point out) if the party staying in the flat does not want to move out after completion. Evicting someone would be inhumane regardless of any circumstance. I would like to speak to the other party at the same time to discuss and the agent is trying to arrange something..

Edited March 5, 2010 by Phantom

[forgotten 1]

hmm.. I was having a quick check with my lawyer who of course mentioned that I should appoint them to represent me instead of the hdb appointed lawyers.. They mentioned generally that it is possible that the court order can be gotten so that the court sign on behalf provided that a prospective sale fails because of a partner unwilling to sign.. yeah the thing is I will continue to look while trying to get this thru.. Yeah many units not selling for this kind of price..

I hope u can be humane enough not to be thinking of using a lawyer to chase a poor divorcee out of his/her own house! They already suffered years of pain in their marriages, failed in their marriages, have to struggle with their divorcee status in society etc Please don't inflict them further pain.

Who knows maybe the divorcee doesn't want to sell the house because he/she has no other place to stay with his/her kid?

The divorcees have the rights to drag 1 year later, then sell off their house.

Edited March 5, 2010 by forgotten

[asoon88 0]

I hope u can be humane enough not to be thinking of using a lawyer to chase a poor divorcee out of his/her own house! They already suffered years of pain in their marriages, failed in their marriages, have to struggle with their divorcee status in society etc Please don't inflict them further pain.

Who knows maybe the divorcee doesn't want to sell the house because he/she has no other place to stay with his/her kid?

The divorcees have the rights to drag 1 year later, then sell off their house.

When a court decision is made to have the assets liquidated on the open market upon reaching a divorce settlement, emotions have to be put aside.

My seller was a divorce case. He wanted to delay the 2nd appt as late as possible so that he had an extra 3 weeks to stay and look for alternative accommodations. I rejected him outright infront of the HDB officer during our 1st appt. His ex-wife didn't protest either. He backtracked on his word that he would move out before the 2nd appt during the OTP. Anyway, I made my agent chase him out of his house by the eve of the 2nd appt. I stood across the road from a distance and witnessed him scurrying his things onto the lorry.

[bepgof 20]

To me, buying/selling a property for stay/away should be a kind of a happy event to/for both party(win-win), only on such basis, would lead you to a peaceful mind/heart after move in/selling.

One story to tell. Last yr, while selling my condo unit, I turned away an offer(reach my target price)immediately on the spot made by a middle-aged man who "toured around the unit" less than 2 minutes. He left me with feeling as if he was visiting prostitue. He offerer another higher price some day later - I told his agent that I wouldn't sell him the unit whatever price he offered. I turned away another offer(price hit my target)by an indian PR couple with 1 kid. They made 3 trips. This round my wife did not like to sell to them, I respect her decision.

Among some 30 viewers, I spotted one couple with 2 kids were very polite and well mannered. Interestingly, the girl(P5) could tell names of all plants(8) which I planted at balcony's planter. The boy sit on floor, lean against the sofa. No offer was made, instead I asked my exclusive agent to call up their agent to invite them to come over for more understanding....They are christians and sincere, told me their stories....., but could not afford even the lowest price I insisted during the whole selling process. At last, I discounted 20K from lowest price. They just moved in 3 wk ago. They even visited my new home with present before CNY! I like them.

I still keep in touch with the seller to my present home. There are now in Australia for 3 months, staying with their son (PR there).

[Phantom 1]

I hope u can be humane enough not to be thinking of using a lawyer to chase a poor divorcee out of his/her own house! They already suffered years of pain in their marriages, failed in their marriages, have to struggle with their divorcee status in society etc Please don't inflict them further pain.

Who knows maybe the divorcee doesn't want to sell the house because he/she has no other place to stay with his/her kid?

The divorcees have the rights to drag 1 year later, then sell off their house.

As mentioned, I don't want to go to the extent of enforcing eviction, which is why I'm trying to arrange a meetup with all the relevant parties. Divorced status is fairly commonplace in today's society and I don't think there should be any stigma, some of my closest friends are divorced from the spouse.

I believe that technically people undergoing divorce proceedings are not allowed to hold on to HDB flats jointly, hence the Matrimonial Plan (or something to the extent) for disposing of the HDB within 6 months. On the flip side, HDB does not typically enforce court orders.

One party wants to sell and get on with life, the other party.. still not sure yet... which is what i'm trying to get the agent to find out..

1) whether the person got place to stay

2) whether there are kids involved

3) whether got loan shark.. etc.

Meanwhile I just viewed another unit in the area...

[Phantom 1]

When a court decision is made to have the assets liquidated on the open market upon reaching a divorce settlement, emotions have to be put aside.

My seller was a divorce case. He wanted to delay the 2nd appt as late as possible so that he had an extra 3 weeks to stay and look for alternative accommodations. I rejected him outright infront of the HDB officer during our 1st appt. His ex-wife didn't protest either. He backtracked on his word that he would move out before the 2nd appt during the OTP. Anyway, I made my agent chase him out of his house by the eve of the 2nd appt. I stood across the road from a distance and witnessed him scurrying his things onto the lorry.

I like to have things trashed out before hand, if one of the party needs to stay for a short while and I can afford that to them, then yes. If not, then i'll tell them straight away before they accept my offer.

Ultimately I don't want to go to the extent of having the neighboorhood friendly police officer evict out my seller(s)

[asoon88 0]

To me, buying/selling a property for stay/away should be a kind of a happy event to/for both party(win-win), only on such basis, would lead you to a peaceful mind/heart after move in/selling.

One story to tell. Last yr, while selling my condo unit, I turned away an offer(reach my target price)immediately on the spot made by a middle-aged man who "toured around the unit" less than 2 minutes. He left me with feeling as if he was visiting prostitue. He offerer another higher price some day later - I told his agent that I wouldn't sell him the unit whatever price he offered. I turned away another offer(price hit my target)by an indian PR couple with 1 kid. They made 3 trips. This round my wife did not like to sell to them, I respect her decision.

Among some 30 viewers, I spotted one couple with 2 kids were very polite and well mannered. Interestingly, the girl(P5) could tell names of all plants(8) which I planted at balcony's planter. The boy sit on floor, lean against the sofa. No offer was made, instead I asked my exclusive agent to call up their agent to invite them to come over for more understanding....They are christians and sincere, told me their stories....., but could not afford even the lowest price I insisted during the whole selling process. At last, I discounted 20K from lowest price. They just moved in 3 wk ago. They even visited my new home with present before CNY! I like them.

I still keep in touch with the seller to my present home. There are now in Australia for 3 months, staying with their son (PR there).

You know, how I wished selling and buying property can be happy events !

My agent deliberately kept away families that did not meet his COV requirement. He was asking people for $40K COV. I told him that as long as people were willing to meet my target price which was $25K less than his expected COV, I would be willing to sell my flat. I was very tired entertaining families that viewed my flat for over a month. One evening, one of his colleague brought a family over to view my flat. He's a first-timer and came with his parents. His father liked my unit very much and asked how much I was selling for. He was surprised at my price and agreed it was a good buy. I knew that evening I was able to close the sale. His son later told me about his cash situation and offered me a COV half of my original. Just then, my agent called me to say he was rushing back from camp and to settle the case for me. It was already 9.30pm. He arrived at about 10.15pm and told the family that my price was Valuation+$40K COV !! I was very embarrassed. I had already agreed to sell him the flat at the lowered price and he made me looked like a fool !

I would like to sell my house to someone that I can connect, just like yourself. However, I wasn't so lucky on the buying part but managed to get the seller's agent to play alongside me to get him out.

[Phantom 1]

To me, buying/selling a property for stay/away should be a kind of a happy event to/for both party(win-win), only on such basis, would lead you to a peaceful mind/heart after move in/selling.

One story to tell. Last yr, while selling my condo unit, I turned away an offer(reach my target price)immediately on the spot made by a middle-aged man who "toured around the unit" less than 2 minutes. He left me with feeling as if he was visiting prostitue. He offerer another higher price some day later - I told his agent that I wouldn't sell him the unit whatever price he offered. I turned away another offer(price hit my target)by an indian PR couple with 1 kid. They made 3 trips. This round my wife did not like to sell to them, I respect her decision.

Among some 30 viewers, I spotted one couple with 2 kids were very polite and well mannered. Interestingly, the girl(P5) could tell names of all plants(8) which I planted at balcony's planter. The boy sit on floor, lean against the sofa. No offer was made, instead I asked my exclusive agent to call up their agent to invite them to come over for more understanding....They are christians and sincere, told me their stories....., but could not afford even the lowest price I insisted during the whole selling process. At last, I discounted 20K from lowest price. They just moved in 3 wk ago. They even visited my new home with present before CNY! I like them.

I still keep in touch with the seller to my present home. There are now in Australia for 3 months, staying with their son (PR there).

Fair points given. Similarly buying house also the same thing for us.

1) Previously we saw one place, negative sale.. quite desperate scenario, but wife and myself wasn't comfortable and we felt something wasn't being said... so we told our agent that time to decline offering anything..

2) Recently when we were selling, there were a lot of people who wanted to buy our place, but we were adamant on our selling price... there were a couple of people who we turned away because we didn't feel comfortable dealing with them.. then the night before we got a very attractive offer and we asked if 3 of the other very keen buyers were keen to put an offer to us.. one family came down and basically came with the daughter and when we sat down to talk terms, he gave me an offer, the offer was attractive but I was very sure that I could squeeze out more from him if I wanted to. A couple of thousands here or there wouldn't have made alot of difference to him or me but at least everyone was happy and at the same time he also agreed to my extension request. I turned away all the appointments the next day onwards including one Chinese PR who wanted me to backdate the OTP and offered much more then my buyer... although I had not signed the Option with the buyer, I stuck to the original agreement. What comes around goes around.

My wife is quite particular.. if she don't like the agent, we won't buy the place, if she don't like the place in terms of feeling, also we won't buy... so it really will be very much dependent on her views.

I don't believe that I have said that I have any intentions of buying the HDB from the sellers like what "corporate raiders" do to firms... As i have mentioned a couple of times, I am trying to arrange a get-together with all parties. I'm just trying to understand the scenarios and potential pitfalls that might occur.

Ultimately, they might agree to everything, then later pull a fast one on me...

Basically I'm trying to cover my bases because I like that particular Area, Block, Floor and Price. =)

[Phantom 1]

You know, how I wished selling and buying property can be happy events !

My agent deliberately kept away families that did not meet his COV requirement. He was asking people for $40K COV. I told him that as long as people were willing to meet my target price which was $25K less than his expected COV, I would be willing to sell my flat. I was very tired entertaining families that viewed my flat for over a month. One evening, one of his colleague brought a family over to view my flat. He's a first-timer and came with his parents. His father liked my unit very much and asked how much I was selling for. He was surprised at my price and agreed it was a good buy. I knew that evening I was able to close the sale. His son later told me about his cash situation and offered me a COV half of my original. Just then, my agent called me to say he was rushing back from camp and to settle the case for me. It was already 9.30pm. He arrived at about 10.15pm and told the family that my price was Valuation+$40K COV !! I was very embarrassed. I had already agreed to sell him the flat at the lowered price and he made me looked like a fool !

I would like to sell my house to someone that I can connect, just like yourself. However, I wasn't so lucky on the buying part but managed to get the seller's agent to play alongside me to get him out.

That's really wierd. The COV wouldn't get into his pocket would it.

Or is this a new agent, he thinks that the Higher the COV the Higher the Commission.

My take is COV is always a premium attached to the property, i loath paying COV and frankly i'm dealing with some agents now to press down the COV by offering a tiered commission. So the more COV I save, the more commission they get. Unfortunately, if you don't want to pay agent fee, it's not easy to get a flat as the agent might block your offer.

[ngunadi 2]

That's really wierd. The COV wouldn't get into his pocket would it.

Or is this a new agent, he thinks that the Higher the COV the Higher the Commission.

My take is COV is always a premium attached to the property, i loath paying COV and frankly i'm dealing with some agents now to press down the COV by offering a tiered commission. So the more COV I save, the more commission they get. Unfortunately, if you don't want to pay agent fee, it's not easy to get a flat as the agent might block your offer.

Hmm ...

My agent commission is 1% of (Valuation + COV). Isn't it the norm?