Asked by Anonymous
Hello , I am currently residing in Kuching Sarawak , bought a subsale.
In the S&P agreement , the time frame given for the HDA consent should be 6 months after S&P stamped. After 6 months , then agreement rescinded and deposit to be refunded as per written in the S&P.
S&P agreement stamped on 30th November 2021, received posted letter reply from HDA(which dated 30th April) on 6th June , saying that no consent given due to incomplete documentation.
It is possible for me to request for the deposit to be refunded back to me right ? I am the buyer and had paid 10% downpayment previously, would it be wrong legally for me to request back my 10% deposit ? As stated in the S&P that 6 months failed to obtain consent , then the S&P no longer valid.
As of now , the seller is reluctant to refund . Are they legally to do so ?
I am being told , may need to further to court if let say seller unwilling to refund .
But do they have solid argument ?
In the S&P agreement , the time frame given for the HDA consent should be 6 months after S&P stamped. After 6 months , then agreement rescinded and deposit to be refunded as per written in the S&P.
S&P agreement stamped on 30th November 2021, received posted letter reply from HDA(which dated 30th April) on 6th June , saying that no consent given due to incomplete documentation.
It is possible for me to request for the deposit to be refunded back to me right ? I am the buyer and had paid 10% downpayment previously, would it be wrong legally for me to request back my 10% deposit ? As stated in the S&P that 6 months failed to obtain consent , then the S&P no longer valid.
As of now , the seller is reluctant to refund . Are they legally to do so ?
I am being told , may need to further to court if let say seller unwilling to refund .
But do they have solid argument ?
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