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Issue with Tenancy

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midlet2013
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Issue with Tenancy

Postby midlet2013 » Sat, 13 Aug 2016 4:41 pm

Hi Guys

need your advice.

we recently saw a HDB and this is the seq of events:

1. Saw apartment on Aug 2
2. Singed LOI on Aug 3 and gave 2k deposit
3. Signed TA on Aug 9 , we had agreed to install Singtel open net , get some furniture ( Landlord agreed to all this)

4. On Aug 11, the agent tells that the Landlord has to change ownership of flat ( guess has some personal issue, his wife is Malaysian PR and she is going to Malaysia and her Reentry is expired)

basically, he has to seek HDB's permission to rent after some ownership changes. Now i think this takes time.


5. What we want we that the agreement be made NULL and we get the deposit back. They can get HDB's agreement later and readvertise.

I am not sure how easily they will give our deposit back. But since we signed TA for an apartment which is not legally allowed to be rented, what can we do.

please advise

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ecureilx
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Re: RE: Issue with Tenancy

Postby ecureilx » Sat, 13 Aug 2016 4:44 pm

midlet2013 wrote: I am not sure how easily they will give our deposit back. But since we signed TA for an apartment which is not legally allowed to be rented, what can we do.

please advise


Whatever you do, get the money back ASAP before the agent and LL do a runner.

Tell nicely by email, with proof or whatsapp.

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Re: Issue with Tenancy

Postby midlet2013 » Sat, 13 Aug 2016 4:50 pm

we are trying to message and asking. but the agent says the LL is abroad and will be back on 15th. keeps telling no worries but its hard to trust such liars.

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Re: Issue with Tenancy

Postby midlet2013 » Sat, 13 Aug 2016 4:50 pm

he is registered with ERA (some Real Estate Agency)

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ecureilx
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Re: RE: Re: Issue with Tenancy

Postby ecureilx » Sat, 13 Aug 2016 4:54 pm

midlet2013 wrote:he is registered with ERA (some Real Estate Agency)


Estate agents work like independent contractors.

15th is next week, so wait and if he delays or tries to transfer the deposit chase him (or her?)

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Re: Issue with Tenancy

Postby midlet2013 » Sat, 13 Aug 2016 4:55 pm

so going to ERA does not help ? is it

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ecureilx
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Re: RE: Re: Issue with Tenancy

Postby ecureilx » Sat, 13 Aug 2016 4:59 pm

midlet2013 wrote:so going to ERA does not help ? is it

My 2 cents ? Not much. (Maybe somebody can disprove me .... )

It's like grab / uber. Independent contractors / companies operating under a holding and liabilities don't get pushed to the holding company.

Tell the agent you are desperate and need the money back on 15th.

If the owner did a runner - you can't catch him too. And his CPF Money is protected from you. The 2k can go a long way in Malaysia

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Re: Issue with Tenancy

Postby midlet2013 » Sat, 13 Aug 2016 5:04 pm

this seems ridiculous. so he signs TA without HDB's permission and we can do nothing except pleading ??

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ecureilx
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Re: RE: Re: Issue with Tenancy

Postby ecureilx » Sat, 13 Aug 2016 5:32 pm

midlet2013 wrote:this seems ridiculous. so he signs TA without HDB's permission and we can do nothing except pleading ??

In short (don't shoot me .. ) YES

That's why those wise folks now issue post dated cheques ;)

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Wd40
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Re: Issue with Tenancy

Postby Wd40 » Sat, 13 Aug 2016 5:47 pm

Midlet, I think you are screwed. Sorry don't want to sound racist, but I have heard similar stories before involving Malaysians.

I am almost 100% certain that they are fraud and trying to cheat you.

You must go all out and threaten both the agent as well as the landlord that you will go to the police right away.

I was in a similar situation few years back and that time, it was even worse, i paid the deposit in cash. The owner was SG or Malaysian Indian. I had to really threaten them to get my money back.

Don't wait, they will keep coming up with excuses and keep delaying. Call up the agent, call up their company. Just threaten them and show that you are not meek.

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ecureilx
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Re: RE: Re: Issue with Tenancy

Postby ecureilx » Sat, 13 Aug 2016 5:51 pm

Wd40 wrote:Midlet, I think you are screwed. Sorry don't want to sound racist, but I have heard similar stories before involving Malaysians.


;) in correct English, I think it should be xenophobic

Just kidding :D

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Re: Issue with Tenancy

Postby midlet2013 » Sat, 13 Aug 2016 5:59 pm

i think the owner in singapore , the wife is malaysian

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Wd40
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Re: RE: Re: Issue with Tenancy

Postby Wd40 » Sat, 13 Aug 2016 6:03 pm

midlet2013 wrote:i think the owner in singapore , the wife is malaysian


It really doesn't matter. The key is he has escaped to Malaysia. I have heard similar cases before. Basically the owner is bankrupt and these frauds are regular way of making money and then escape to Malaysia. Police won't do anything as it is a civil matter. Foreigners are easy targets.

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Re: Issue with Tenancy

Postby x9200 » Sat, 13 Aug 2016 8:28 pm

midlet2013 wrote:Hi Guys

need your advice.

we recently saw a HDB and this is the seq of events:

1. Saw apartment on Aug 2
2. Singed LOI on Aug 3 and gave 2k deposit
3. Signed TA on Aug 9 , we had agreed to install Singtel open net , get some furniture ( Landlord agreed to all this)

4. On Aug 11, the agent tells that the Landlord has to change ownership of flat ( guess has some personal issue, his wife is Malaysian PR and she is going to Malaysia and her Reentry is expired)

basically, he has to seek HDB's permission to rent after some ownership changes. Now i think this takes time.


5. What we want we that the agreement be made NULL and we get the deposit back. They can get HDB's agreement later and readvertise.

I am not sure how easily they will give our deposit back. But since we signed TA for an apartment which is not legally allowed to be rented, what can we do.

please advise

I always ask for a document confirming the ownership (a side note for future adventures), but "has to change" is not a past so I am confused, is he still the owner or he is not? If he is, then you have no legal ground for getting the deposit back. If he is not, then this is a fraud and you may try to report it to the police (or use it as a convincing argument).

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Re: RE: Re: Issue with Tenancy

Postby Wd40 » Sat, 13 Aug 2016 9:59 pm

x9200 wrote:
midlet2013 wrote:Hi Guys

need your advice.

we recently saw a HDB and this is the seq of events:

1. Saw apartment on Aug 2
2. Singed LOI on Aug 3 and gave 2k deposit
3. Signed TA on Aug 9 , we had agreed to install Singtel open net , get some furniture ( Landlord agreed to all this)

4. On Aug 11, the agent tells that the Landlord has to change ownership of flat ( guess has some personal issue, his wife is Malaysian PR and she is going to Malaysia and her Reentry is expired)

basically, he has to seek HDB's permission to rent after some ownership changes. Now i think this takes time.


5. What we want we that the agreement be made NULL and we get the deposit back. They can get HDB's agreement later and readvertise.

I am not sure how easily they will give our deposit back. But since we signed TA for an apartment which is not legally allowed to be rented, what can we do.

please advise

I always ask for a document confirming the ownership (a side note for future adventures), but "has to change" is not a past so I am confused, is he still the owner or he is not? If he is, then you have no legal ground for getting the deposit back. If he is not, then this is a fraud and you may try to report it to the police (or use it as a convincing argument).

Probably the hdb is under joint ownership he and this wife. Now the excuse is that he wants to change the ownership to his sole name. Clearly it is an excuse nothing else. It can't be true they want to do this just 2 days after the signing of the contract.

The contract is valid. Only problem is now legally speaking OP has to enforce it. But the owner will be in Malaysia or atleast pretend to be and keep saying that the contract needs to be redone. Police will say it is a civil case. So OP will have to take legal recourse.

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