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Hi Sifu’s

Recently I decided to buy a sub-sale house in shah Alam.
The agent collected the booking fee and my loan was approved but unfortunately,
I'm not getting an agreement for the SNP with the owner of the house. My lawyer also advised
that this deal is not worth the time. The agent is convincing me that this is something normal in the SPA, where the owner has the right to terminate the entire thing even after signing the SNP.
I decided to terminate this deal and look for another property since this is causing trouble for me.

my question is can I get my booking fee refunded fully?
I don't want to engage with this agent or not his company in the future.
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1 Answer

<en>David</en> <en>Wong Lai Kwong</en>
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It is not normal for the Owner has the right to terminate the SPA after collecting 10% downpayment form you and signing the SPA. There are provisions in the SPA that should the Owner default on his obligations in the SPA, the Purchaser has remedies such as specific performance and probably compensation etc. Your own lawyer is the best person to advise you. However, if you are the one terminating and refused to sign a fair SPA within the specified time frame, your earnest deposit may be fully forfeited. It depends on who is the default party. Again your lawyer is the best person to advise you on this. Should you feel that you have been wrongly advised and misrepresented by the agent, negotiator or agency company you may seek and demand a refund from the agency firm and/or principal failing which you may want to file a complain with the Board of Valuers, Appraisers, Estate Agents and Property Managers, Malaysia www.lppeh.gov.my If proven, some of these agencies have been fined by the Board before and listed on the Board's circulars on their website. David Wong (License No. E2097) Mobile: +60193330573  Foreward Realty Sdn Bhd Read More
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