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Help~!!

 
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mandy Loh



Joined: 16 Jul 2009
Posts: 16

PostPosted: Wed Feb 09, 2011 10:38 pm    Post subject: Help~!! Reply with quote

*Can I trust the lawyer recommended by Real Estate Agent?
*When can I get the key for the property?
*How to protect my interests and rights?


Please Advise
1/5/10 Pay deposit to buy a property
1/6/10 S&P Agreement signed
2/6 - 15/8/10 waiting for letter of consent
30/8/10 Get the letter of consent
28/12/10 1st payment realease
9/2/11 Pending (Bank waiting document form lawyer to realease final payment)

*I have call lawyer to ask the status,But she just ask me waiting...they will settle.
I waiting from jan'11 till now...still didnt get any news.What can I do now?
I waiting around 10 months till now still can get the key of my house.
Since my lawyer still pending my thing,that is not fair the interest /Penalty is charged on me.
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Wed Feb 16, 2011 3:27 pm    Post subject: Reply with quote

From the time-table, delay of 1 mth had already set in before you sign the S & P Agmt. Already, purchaser is at the end of the completion of the 3+1 mths completion stage. You should pursue your bank solicitor to release the redemption sum URGENTLY BEFORE THE END OF THE COMPLETION STAGE.

Otherwise, the vendor can forfeit the deposit and the purchaser will have to seek specific performance on the terms and conditions of the S & P Agmt.
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mandy Loh



Joined: 16 Jul 2009
Posts: 16

PostPosted: Tue Mar 01, 2011 5:34 pm    Post subject: Reply with quote

Now my bank already release all payment to the owner,But the owner still dunwan pass the key to my lawyer.
He say wan check why the deal take so long time to settle.Isnt reasonable the owner still keep the key since all payment have been make for him?or what can i do...that is not fair for me?

Please advise
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Tue Mar 01, 2011 6:16 pm    Post subject: Reply with quote

Ask your solicitor to issue a letter to find out.
After all, being a stakeholder also mean taking charge that the purchaser is not deprived of actual possession of the property of his/her purchase.
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mandy Loh



Joined: 16 Jul 2009
Posts: 16

PostPosted: Tue Mar 01, 2011 9:38 pm    Post subject: Reply with quote

my lawyer say will issue a warning letter to the owner.If the owner still no reply then maybe take to court.

Is this action to take the case to court is rite?
my lawyer n I keep calling the owner for few days but still no answer.
If the case bring to court,will it take long time to do????

I need some advice.
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cynthusc



Joined: 16 Sep 2005
Posts: 504

PostPosted: Tue Mar 22, 2011 3:21 pm    Post subject: Reply with quote

mandy Loh wrote:
my lawyer say will issue a warning letter to the owner.If the owner still no reply then maybe take to court.

Is this action to take the case to court is rite?
my lawyer n I keep calling the owner for few days but still no answer.
If the case bring to court,will it take long time to do????

I need some advice.


Is the Vendor represented by a lawyer or is he unrepresented? If he is unrepresented, then your lawyer should not release the balance to him yet and explain to him giving clear details on the sequence of the transaction. If the delay is not due to either party's fault then the Vendor must release the keys to you or face legal action. If there is a late interest clause for giving the keys in the agreement, ask your lawyer to invoke that clause as well.
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Tue Mar 22, 2011 4:58 pm    Post subject: Reply with quote

Court action will take time, that is for sure.

The better choice is to seek your lawyer to advise the vendor.

No point harassing but advising is preferred.

Your lawyer should know best how to deal in such situations.

Some practical tips, get a property valuer to check out the premise.
That may iron out the initial problem. No way the refusal of inspection and handling of possession of keys should be delayed.
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