3 Answers

Hi Wenkai,

Do you mean to say that you have already signed on the OTP but yet to transfer the $4000 exercise fee to the seller?

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Aaron
 9730 8455 
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Hi Wenkai,

Did you appoint any agent to represent you in this purchase? I am assuming you have not therefore you are asking this question. In order to exercise the Option To Purchase, you will need to sign on the acceptance portion of the Option To Purchase as well as pay the seller the remaining Option Exercise Fees, which in this case I suppose is the $4,000 in order to consider that you have exercised the Option, and thus enter into a legal binding agreement with the seller to purchase the property.

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Hi Wenkai,

1) This will depends on which state you are in.
2) If the buyer backed out after offering a deposit in exchange for the OTP but did not exercise the OTP, meaning signing on page 8 of the prescribed HDB OTP. The buyer can still back out.
3) There are circumstances where the buyer back out after placing a deposit such as :
(a) The valuation is too low compared to the purchase price, so the buyer has to pay a high COV (Cash-Over-Valuation). The buyer cannot afford or is unwilling to pay.
(b) The bank could not provide sufficient loans to the buyer for the purchase. This could happen when the buyer did not check with the bank properly on his loan capacity.
This commonly happened to those DIY buyers.

4) Since the buyer did not sign the OTP, therefore a contract has not been legally formed in this case. The seller also cannot sue the buyer for not exercising.
5) But if the buyer had exercised the OTP (sign on page 8), but did not pay the exercise fee. This is not considered exercising. Exercising the OTP needs 2 actions; signing and pay up the exercise fees.
6) The seller can then keep the deposit and wait till this current OTP expires in order to release a new OTP to the next buyer.
7) The reason for waiting for the OTP to expire is that the current buyer can still change his mind and exercise the OTP before the OTP expire.
8) Once an OTP is issued, the seller will have no control over whether the contract will be formed, and it is up to the buyer to accept the offer by exercising the OTP, or wait till the OTP is expire.
9) The seller will be able to keep the deposit if the buyer did not exercise the OTP by the due date.

Please give me a thumbs-up if the answer provided is relevant to your main concern. Thanks!!!

Hope the above answer your main concerns, but if there are more query, please feel free to contact me at 90110636  , or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
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https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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