I don't knowJR8 wrote:So do you agree that the CEA Act would require specific allowance in order to obviate contracts entered into prior to it's enactment?
The difficulty is that as far as I can see there are no 'old rules' (statute), just 'accepted practice', in which case by definition Leges posteriores priores contrarias abrogant cannot apply.beppi wrote:The act would have needed provisions that allow old rules to pertain in certain cases (just like a seatbelt law allows older cars to continue without). It does not contain such.
No, I dont have an agreement with her, infact she is not even my agent, i simply contacted her from her advertisement online. She was not even present at the time when the contract was signed. She didn't even get our contract duty stamped, and didn't tell us about it. We only learned about duty stamping a contract after getting kicked out!beppi wrote: Only if the agreement you signed with the agent (Do you have one?) specifies some kind of warranty, or she told you incorrect things about the place or some other misconduct, you may have a case. But this is not apparent from your posting.
cheated2 wrote:Hi, I am having a few problems with my future landlord and I'd appreciate your advice.
We found a property a few weeks ago and signed and LOI and gave a good will deposit of 1 months' rent. The landlord took our money and signed the LOI. A few days later I arranged to meet the landlord so I could measure the property (it is partially furnished and wanted to make sure I bought small enough furniture). At this time my agent and his agent were present and we discussed the TA and it was agreed they would send a draft to me this week and I should sign and return it. As our rental is due to start on 1st Feb, I agreed with my agent and the landlord's agent that I would pay the remainder of the deposit and the first months' rent when we get the keys on the 1st February, which they agreed to (the landlord was not present at this time).
When I got the TA by email 2 days ago I replied to say I was overseas but in principle I agreed to it and will sign when I return (today) and make the payment of the remaining deposit and 1 months' rent when we get the keys on the 1st Feb.
It all sounds fair enough to me so far...
I then got a response saying this was OK but immediately got another email saying 'actually can you TT the money immediately". When I questioned this the response was that it was the law that I must pay when signing the TA and as I hadn't signed within 7 days I was forfeiting the right to have my deposit back!
I'm slightly confused here, and I've certainly heard of no such law. Are they claiming that you have to pay with 7 days of the LOI or receiving the TA? If the former, they previously agreed other terms, i.e. pay on 1st Feb. If the latter, well you haven't had the TA seven days yet, nor signed it.
I feel I have been totally conned here and my agent is not willing (or able maybe) to give me the landlords contact details.
It is your agent that should be representing your interests in this matter, i.e. it is a part of their job. That said they might not know the landlords contact details, and you should be dealing via your agent, to the LLs agent, to the LL. The LL should not really be directly involved. that is after all the point of having an agent.
I understand the 'usual practice' is to pay upon signing the TA and that it is the norm that this must be done in 7 days,
I'd want a signed TA and the keys before I paid up
but I've checked my LOI and it says nothing of the sort other than 'If the tenant does not sign the TA then the good faith deposit remains with the landlord'. I therefore still feel I have done nothing wrong, yet the landlord won't give back the good faith deposit, even though he is the one saying he doesn't want us to move in (I would still like to move in as we really like the place - but I don't see why I should back down when he is the one with the money and I have nothing!). I agreed with the landlord's agent to pay the remaining sums on handover the keys, yet clearly either this was not communicated to the landlord or they were in on a con all along.
If you clarify the point or two above then we can consider what your options from here might be...
Has anyone had a similar experience and is there any way I can get my money back. I was looking forward to a new life in Singapore (after 4 year in JB) and now it is all soured before I've even settled and I'out of pocket for what I consider to be a lot of money. Perhaps I'll just stay in Malaysia and commute - people are honest here.
Appreciate your advice.
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