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The vendor and me had signed Letter offer to purchase with the help of estate agent. After 1 week, vendor called estate agent that he do not wish sell his property after his wife objection as the property can sell higher price. The vendor through his lawyer stated that he do not want compensate me. Can I sue him or caveat his property ? Does Malaysia law protect home buyer? Thanks.
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1 Answer

David Wong Lai Kwong
Replied
Dear KC, It depends on what is written in your Letter of Offer to Purchase and whether the earnest money has changed hands. the law of Contracts are applicable in our country. Our Agreement To Purchase states clearly that the buyer is entitled to specific performance or compensation whichever route the Buyer chooses to take. A caveat is usually lodged based on the advise of your lawyer if your lawyer is satisfied that you have a caveatable interest. Otherwise, you will have to anticipate and face legal action from the Seller to remove the caveat with costs etc.
David Wong
Principal
QUANTUM real estate
mobile:+60193330573
email:davidwong@quantumrealestate.com.my Read More
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  • KC
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    Dear David, thanks of your reply. Yes, the Letter offer to purchase state clearly that Vendor need to compensate purchaser if he delay sign SPA after 15 working days. My other question are :-1) Can I get back my deposit now if I sue him seek for compensation cost only rather that caveat his property at court ? 2) Can the vendor sell his property if I caveat his property? 3) Is the Letter offer to purchase legal if only 1 person signed if the property is own by 2 person? Can I claim compensation cost from vendor for this situation ?

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