Lowyat.NET: Latest topics by evangene

How ass buyer can dispute to get out of a sale

evangene — Thu, 22 Apr 2021 09:42:24 +0800

You have MONEY, you get justice!

It’s true! First hand experience. As long as you make sure that it’s going to cost more for the other party to sue you than getting back their compensation.

A month ago, received a booking with earnest deposit for my house, all done through a real estate agency. When it came to time for SPA, buyer changed mind and simply requested additional terms, in my case a 6-month water leak guarantee and created an impasse. Who on earth is willing to agree to that when the buyer signed on the Offer to Purchase OTP (booking form) to buy on a “as is where is” basis. But BEWARN & BEWARE, this so-called OTP is NOT legal binding, unless a SPA is signed. So, according to my lawyer, additional reasonable clauses (like the aforementioned 6-month water leak guarantee) can be added from the buyer and he/she has the right not to proceed with the purchase since mutual agreement is not reached.

After the lapse of 21 days grace period for the execution of the SPA between myself and the buyer, my lawyer issued a forfeiture letter to the agency. In respond to that, the buyer’s lawyer issued a non-agreeable to forfeiture letter to the agency instead. TAKE HEED guys, the agency actually got their lawyer to issue me a letter clearly stating that since there’s a dispute, they are NOT going to release the earnest deposit money to me! This move is to cover their asses so that they don’t get sued. There you go, a perfect dead lock between 3 parties!

Now, I’m being left with 2 choices:

Choice 1
Sue the buyer and the agency at the commercial court. This is where MONEY is magic. You have money then please go ahead, sue all you want even at a loss at your end. Cause mind you lawyer’s fees is not cheap. Unless, you have a lawyer son/daughter/brother/sister/cousin/best friend who’s willing to do all this FOC.

Choice 2
Agree to let the buyer go and they get the earnest deposit back 100%, not a single cent less. At this point, I’ve used the service of a lawyer and I don’t get to claim back from anybody, not the real estate agent nor the buyer!

Another point to take note too is that, the buyer can go to the land office and place a caveat at my house anytime now with just the OTP.

I’m sharing this so that more people can be aware of how our universal law works (where MONEY is KING) and not fall victim to one just like I did.

So 2 things to take from my experience in my future house sale/buy dealings are:

As a buyer: Must buy house through an agency (their only priority is to get the commission and cover their interest). I too can be an ASS by placing booking on a house I like just so to secure it while in the mean time I can still go house viewing and get the best deals in town. But bear in mind this does not apply to expensive houses more than 1million because the earnest deposit paid will be sizeable in value for the seller to sue you to claim it back.

As a seller: Don’t bother to engage any real estate agency to sell your house. In the standard OTP, it’ll be 50% split between the seller and the agency in case of cancellation. Imagine you have to do all the leg work and pay for it (get a litigation lawyer to sue for it when there’s a dispute, months of proceedings, get witnesses, paper work filling etc), while they just sit tight and wait to be paid! Collect just 2% earnest deposit and have it deposited with your lawyer. Now, when the buyer cancels the deal, you can forfeit and get the money. It doesn’t matter if the buyer is not agreeable to it. If he/she does, just TELL them to sue you. But like I said from the start only money can get you justice. The buyer won’t sue if the amount is small, just like me in this case.

Reiterate: MONEY makes the world goes round.

100% Imported Australia Goat Milk

evangene — Tue, 26 Jan 2021 14:45:33 +0800

100% imported from Australia. I got my sister in Sydney to bring them back for my own baby's consumption actually.

Baby outgrown and left me with these extra 3 cans of 900g powder:

1) Stage 1, 0-6 months, expiring in May-2022, 2 cans @ RM170 each.

2) Stage 2, 6-12 months, expiring in July-2022, 1 can @ RM180.

If take all 3, RM500. COD and self collection from Selayang Mall.

Please contact 0104493302

Sweet Heart Paris Travel System Stroller

evangene — Thu, 31 Dec 2020 16:26:37 +0800

It consists of a stroller and a clip-on baby carrier/car seat (for newborn). The carrier/car seat can be used in car also with designated seatbelt slots. Only slight defect is that the wheels are not smooth at taking corners.

Other features: Canopy, Footrest, One-Hand Fold, Swivel Wheels, Compact Fold, Travel System, Foot Brakes, Lightweight, Reversible

Price:RM 80

COD and self pick up only.

Location: Desa Parkcity, Kepong or Selayang Mall

Contact method/details: 016 996 3302

Pre-loved Electric Rocker with Sarong Stand

evangene — Thu, 31 Dec 2020 15:48:55 +0800

Package includes:

1) Electric rocker, brand Polar
2) Sarong stand with wheels
3) 1 Hanger
4) 1 set of spring holder with 7 springs adjustable
5) 1 net sarong (blue)
6) 1 mosquito netting

COD and self pick-up only at Desa Parkcity, Kepong

Price:RM 150

Contact method/details: 016 996 3302

Item(s) conditions:Used but in good working condition

Motherlove Playpen

evangene — Tue, 29 Dec 2020 23:17:55 +0800

Brand - Motherlove 2-tier Playpen (used)

Package includes:

1) 2-tier adjustable levels
2) mosquito netting
3) instruction sheet on assembly
4) bag for fold away and exterior box

Price: RM 120

Dealing method: COD

Location: Desa Parkcity or Selayang Mall

Contact method/details: 0104493302

Item conditions: 9/10. It has been sitting in my store for 3 years, thus some yellow marks on the upper tier level. Otherwise, it's almost as good as new.

Wedding Tea Set

evangene — Fri, 11 Sep 2020 11:23:40 +0800

Brand New Wedding Tea Set RM15

Found it during spring cleaning. It was a gift. Want to clear space.

COD only at Desa Parkcity, Selayang Mall or Taman Desa, KL.

Contact: Mrs. Lo 016 996 3302

Pre-loved Baby Apparel Clearance Sales

evangene — Wed, 02 Sep 2020 12:46:04 +0800

Clearance Sales as kids have grown up. You can pick and choose from assorted brands and designs.

COD @ locations: Desa Parkcity, Selayang Mall or Taman Desa, KL

Please call/whatsapp @ 016 996 3302, Mrs. Lo.

1. Baby Suit Set

Worn less than 3 times

RM15

2. Baby Fleece

Worn less than 3 times

RM10

3. Pyjamas Set

2 for RM10

4. Jump Suit

2 for RM10

5. Romper

3 for RM10

6. T-shirt & Pants

4 for RM10

7. Hoodie-Mittens-Booties Set

RM5