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bengbeng

Help! How To Sue Hdb Owner For Breach Of Otp?

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Hey nope, the wife isn't the co-owner of the house. Only 1 seller for the house.

Guy is the only seller hence the wife didn't sign OTP. They just need her to sign spouse's consent. So OTP is valid.

But I even checked with lawyer friends around that this case is quite grey. Dun think can go to that Singapore Mediation for Law. Not for this. Anyway, Nvm lah we already let it go.

We found another unit.. A much better one (:

 

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You are right! Seller can keep on cheating buyers of $5k and if 1 pay 5k per month, no need to work at all. Hmmm.... Wonder who can help.

 

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No one can help.

HDB should have helped the commoners like us, especially sincere first-timer buyers who cannot wait for BTO. We must settle it by legal means ourselves..yeah it means forking out extra cash to get justice!

Til now, our ex-seller has not returned us the deposit. We're getting legal help. Coz i think justice needs to be uphold! It's our hard-earned money so we deserve it back. I hope the govt will look into the matter.

Please do not fall into this kind of trap like we did. All the best in getting ur resale flat! (:

 

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I strongly feel that HDB should come in to protect victims of such cases. Why?

1) Becos' in order to buy or sell a HDB flat, we are subject to so many HDB rules and regulations, such as "Buyer's checklist" and "Seller's checklist", etc

2) We must use HDb prescribed "OTP form". They also claimed it's legal binding. If legal binding and issued by them, why cant HDB help victims get justice????? And especially in such a case where the spouse is NOT even the co-owner of the flat, the least HDB could do is to allow extension so that the husband can go and get the wife's consent (since it's also HDB's rule that wife must sign consent form - legally, I think private property dont need this if the spouse is NOT a co-owner, so sale can still go through without spouse consent??). And if after extension still cant get wife's consent, then should just GO ahead to process the sale instead of cancelling it.

3) However, there should be an option for both seller and buyer - ie. if they choose to cancel the transaction they should be given the option too on the condition that the seller RETURN the deposit + Option Fee to the buyer. And with compensation (@ certain interest rate) if seller do not return after a specific agreed timeframe stipulated by HDB.

If there's no EASY recourse action for victims (vs. long drawn legal proceedings and cost in order to sue seller who breached a legally binding OTP contract), many cheating sellers will get away with such scams!!

HDB shouldnt prescribed form that all of us have to use or set rules and regulations for all parties to abide yet when problems arises they leave victims on their own to solve.

 

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I strongly feel that HDB should come in to protect victims of such cases. Why?

1) Becos' in order to buy or sell a HDB flat, we are subject to so many HDB rules and regulations, such as "Buyer's checklist" and "Seller's checklist", etc

2) We must use HDb prescribed "OTP form". They also claimed it's legal binding. If legal binding and issued by them, why cant HDB help victims get justice????? And especially in such a case where the spouse is NOT even the co-owner of the flat, the least HDB could do is to allow extension so that the husband can go and get the wife's consent (since it's also HDB's rule that wife must sign consent form - legally, I think private property dont need this if the spouse is NOT a co-owner, so sale can still go through without spouse consent??). And if after extension still cant get wife's consent, then should just GO ahead to process the sale instead of cancelling it.

If you look at other side, you will realize this requirement actually protect the wife.

There are case, husband sold the HDB w/o wife consent, took the money and run away.

Left the wife and child homeless.

 

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If you look at other side, you will realize this requirement actually protect the wife.

There are case, husband sold the HDB w/o wife consent, took the money and run away.

Left the wife and child homeless.

Yes, precisely of such cases that HDB came up with the "Spouse's consent" form to complete even though he/she is NOT the co-owner. The stipulated Consent Form by HDB is mainly to protect the spouse.

However, why is HDB not protecting buyer (or at least get justice for victims) who paid $5K already and the deal fell through because the "PROTECTED" seller and his wife breached the OTP contract??????? At least help buyer to get back his $5K instead of washing their hands off the whole case.

Edited by cruise
 

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Agree with Cruise!

My wife and I already gave up. The seller offered to do installment but dunno how long. He's an odd job worker..don't think can get $$ easily as he can't even qualify for bank loans. I think he's resorting to loan sharks n stuff.

Checked with police, they dun handle such case. Suggested us to handle wif HDB.

Asked lawyer, but must pay lawyer consultation fee. The letter of demand alrd costs $200-300 then dunno how much overall legal fee. It's just not worth it.

These PRC wives are threatened la coz they are uneducated n come here with long term social visit pass cannot get jobs. The husband also stupid, never asked the wife properly. Anw, phew..wish us luck so the process of buying our new resale flat is smooth! (Waiting to attend 1st appt nxt month).

Bottomline, vote wisely! ;)

 

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Just heard another case from my colleague. Her friend also kana similar case. This is getting more and more sickening. Wah lau.. I heard in other countries, if seller backs out, he needs to pay double the deposit. Singapore, the 'lawful' society, can't even protect its law-abiding citizens like us? By right shouldn't ask us seek legal help ourselves..HDB should hv helped..but then again, maybe they are opening up opportunities n giving more assignments to lawyers to sustain the economy?

What can we do? We are just small fish here.

 

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Hi beng beng, not sure if CASE handles such issue, but it's good to report so they don't go around cheating others of their hard-earned money. You can ask for compensation of interest, rental, and legal fee if any.

 

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