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Hi guru, I (buyer) did not sign spa due to misrepresentation (the vendor ie seller is not the true owner but a PA ) by my property guru agent, Mr Sean Chong (Ren 10859) of Aczeon Properties sdn bhd. I informed my lawyer to call off because the vendor's lawyer did not comply with my request to have true (registered) owner sign the transfer of title form (borang 14) as a guaranteed instead of vendor sign spa n all documents base on pa. Please advise soonest where to seek help n how to take back my earnest deposit from vendor side without taking legal action. If I take legal action can I win this this case? Thank you. Rgds yk.
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1 Answer

David Wong Lai Kwong
1. Your lawyer should be able to advise you whether you can claim a refund base on the facts of your case. 2. The decision to refund the earnest deposit is at the discretion of the Vendor ( in this case the PA holder). So a direct request to the PA holder and/or the real estate agency for the refund will tell whether they are willing or not. 3. There is a house buyers association that you may refer to www.hba.org.my but they usually request you to engage a lawyer. 4. The practices of the real estate agencies (including their registered negotiators) are governed by the Board of Valuers, Appraisers & Estate Agents Malaysia (ww.lppeh.gov.my). They receive any complaints in regards to agents/negotiators ethics, wrong practices etc. I am not sure whether they will get involved in getting the refund of earnest money because it is based on the written contract signed. The Letter of Offer that you signed and pay the earnest deposit will be the basis of the contract prior to the SPA contract. Did it clearly spell out that the Vendor is the PA who will sign the Letter of Offer.? 5. The chances of winning depends on the facts of the case and is best advised by your lawyer. Hope it works out well for you. David Wong Principal Licensed Agent E2097 QUANTUM REAL ESTATE Read More
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