Taken For A Ride By Seller For 2 Years

[phluvcat 0]

Ours is a long history. To cut the story short, it goes like this:

1) Viewed flat in April 2008 and signed OTP thereabout. Then valuation was 260K and selling price 305K. Paid 1k and 4k immediately and exercised the option. Seller was a bankrupt. Divorced from wife but still staying together under the same roof.

2) Due to one reasons or another by seller (need time to find flat, court order to transfer to wife, etc), we were willing to wait.

3) Come 2009. On agent's advice, redo valuation, this time 304K, selling price 305K. Seller still willing to sign OTP. Exercise immediately using the previous 1 + 5K cash paid to them.

4) Still not yet settle court order in Aug 2009. To expedite process, we helped to pay over 2K cash to engage lawyer to help them process court order to sell under wife's name.

5) Court order completed in Nov 2009. Seller still not yet obtain HLE citing various stupid reason and that loan may be in issue.

6) Couple of months back, due to revision of HDB loan regulation, seller no more excuses but still give excuses (busy with work, off-shore, computer spoilt).

7) All these while promises to meet us and promises to sell to us but did not take the necessary actions to see it thru.

8) 31 March 1st Appt and before that seller inform agent he not coming. We went down anyway to take opportunity to discuss with HDB what to do. Almost come to a quarrel with HDB and sort of force them to postpone the appt for one more week. HDB said they only facilitate process and will cancel the 1st appt next week if seller stilll dun come.

9) 7 April 1st Appt. Only wife come down the husband again said he cannot leave work. Waited from 1pm to 5.30pm in the hope he will make it. No.

10) Son came down around 5pm to say sorry to us in his father behaviour and beg us not to take court action against his father. Admitted for the first time that there is ah long activities at their place although during the 2008 to 2009 period there is no such activity.

There we are, left high and dry and in the risk of not being able to take HDB loan nor the grant as any adjustments to any of our salary will burst the stupid 8k ceiling. I had filed a caveat against the property just a week before the 1st appointment.

Totally at a loss what to do. If take court action not sure if we can take anything back. If ask wife to do another court order and pay about 4k and wait another 1/2 year, dunno what pattern the husband to do to spoil it all. It is not as if we are not understanding. For 2 years, we have met up, listened to and accommodate the husband's reasons (or rather excuses) for delaying the process. And recently, we also wanted to meet up with the husband and listen /evaluate his concerns and difficulties. But he had not given all parties the chance to get a clear picture, to resolve the problems and to see the way forward. We had previously even allowed them to stay on in the flat for 1/2 a year until they get a new unit.

It really sound so stupid also on our part, waiting so long and getting played out by the husband. The wife is too soft and scared of the husband.

Housing price is so high now, very upset and contemplating leaving this god dam country, everything is rising and people are becoming nastier by the day.

This is what we get for being kind-hearted souls - to be played out and stepped all over the head (even at work also like that)

Any sound advice to resolve or even partially resolve the problem will be welcome.

Thanks a lot guys.

Edited April 11, 2010 by phluvcat

[titanax 0]

Your 1st red flag was the seller is going through separation, - this is already creating a havoc in their own personal lives, did you not think you'd suffer some residual effect from it? Personally, I wouldn't enter into any deal where there divorce is not finalized

Your 2nd red flag was willing to wait so long for them to sort it out. Deep down in your heart you knew you were not sure about this right? Sometimes you need to trust your own gut instincts.

Posting here I guess you want to share your sorrow & some sympathy...but not legal advise as this is the last place for that & that is the 1st thing you need now.

The OTP is legally binding - so you can win. The question you need to ask now, is how much trouble you want to cause to the seller & how much inconvenience, heartache and additional cost (in this case its primarily legal costs) do you want to subject yourself and your loved ones to drag this civil case to court? 6 months? 1 more year?

I feel for you, hope you can think rationally & all the best in how this turns out

[phluvcat 0]

Your 1st red flag was the seller is going through separation, - this is already creating a havoc in their own personal lives, did you not think you'd suffer some residual effect from it? Personally, I wouldn't enter into any deal where there divorce is not finalized

Your 2nd red flag was willing to wait so long for them to sort it out. Deep down in your heart you knew you were not sure about this right? Sometimes you need to trust your own gut instincts.

Posting here I guess you want to share your sorrow & some sympathy...but not legal advise as this is the last place for that & that is the 1st thing you need now.

The OTP is legally binding - so you can win. The question you need to ask now, is how much trouble you want to cause to the seller & how much inconvenience, heartache and additional cost (in this case its primarily legal costs) do you want to subject yourself and your loved ones to drag this civil case to court? 6 months? 1 more year?

I feel for you, hope you can think rationally & all the best in how this turns out

Thanks. At the moment I am trying to unstuck myself.

They were already divorced years back but staying together. The reason of divorce was to protect the assets of the husband by transferring to the wife. And yes, no matter what, their personal lives will be affected. I think this is a loophole exploited by many people. Now that HDB is aware of the divorce case, HDB will soon be telling them to move out of the house, how long I dunno and I dun wanna bank on that knowing the way government works (unless some sportmen were killed or nasty stuff published on the media before they take action).

Its not really red flag since the beginning. But rather yellow flags started showing up and now its a black flag. Hahaha...

They had expressed sincerity to move house in the first place also due to the schooling kids where their schools are far away. I wouldnt blame the agent, the wife or the kids, or anyone else but the husband.

People like this I have no guilt whatsoever to wish them dead as he had shown no responsibility towards his own family and took advantage of strangers. Anybody who wanna learn the meaning of the word "selfish" - this man completely illustrated the meaning of it to the core.

Well, thinking out several avenues right now and at the same time see any reasonable deal for another flat (things are crazy out there). And talk about staying near parents so that I can look after them, the current situation doesnt look good. I definitely do not wanna drag my family into it and in the end, the winner being the lawyers.

Well, I need a cool off period and see what I can do, at least I should take back my 5K and the lawyer fees, not even sure if that is possible in the first place. Sigh...

[forgotten 1]

Thanks. At the moment I am trying to unstuck myself.

They were already divorced years back but staying together. The reason of divorce was to protect the assets of the husband by transferring to the wife. And yes, no matter what, their personal lives will be affected. I think this is a loophole exploited by many people. Now that HDB is aware of the divorce case, HDB will soon be telling them to move out of the house, how long I dunno and I dun wanna bank on that knowing the way government works (unless some sportmen were killed or nasty stuff published on the media before they take action).

Its not really red flag since the beginning. But rather yellow flags started showing up and now its a black flag. Hahaha...

They had expressed sincerity to move house in the first place also due to the schooling kids where their schools are far away. I wouldnt blame the agent, the wife or the kids, or anyone else but the husband.

People like this I have no guilt whatsoever to wish them dead as he had shown no responsibility towards his own family and took advantage of strangers. Anybody who wanna learn the meaning of the word "selfish" - this man completely illustrated the meaning of it to the core.

Well, thinking out several avenues right now and at the same time see any reasonable deal for another flat (things are crazy out there). And talk about staying near parents so that I can look after them, the current situation doesnt look good. I definitely do not wanna drag my family into it and in the end, the winner being the lawyers.

Well, I need a cool off period and see what I can do, at least I should take back my 5K and the lawyer fees, not even sure if that is possible in the first place. Sigh...

I feel sorry for you and your family for going through all these.

You definitely can claim back your 5K deposit, as the seller doesn't allow the transaction to go through. For your lawyer fees, it will be difficult to claim them back.

Edited April 11, 2010 by forgotten

[liewsc 0]

Seller was a bankrupt n divorced..... is a big NO NO. din you do homework before commit buying? Feel sad and sorry for you, hope everything will turn out fine. All the best