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Hi,

I'm a seller who unfortunately signed the OTP to my buyer for an undervalued price. I was convinced by my agent that my unit is hard to sell and will have to grab onto the opportunity, which stupidly I did.

Now that the OTP is signed and both OTP and Ex fee has been transferred, is there any way I could back out from the sale? Of course the deposits will be returned back by me and other miscellaneous fees they paid could be reimbursed by me.

Do advise and if any agent have encountered this before, I'm happy to engage you as a client afterwhich.

Thank you.
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4 Answers

Hi,

Sadly you can’t back out as you have already signed on the OTP. But one last straw that you can try is to have a good talk with the buyer by appealing for them to withdraw and to cancel their purchase and at the same time you will compensate them as well.

Regards
Aaron
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Hi Sir/Mdm,

Once the OTP is exercised, legally you are obligated to complete the sale. Please feel free to contact me so that I can understand your situation and offer you my professional advice.

Regards,
Nick Tan
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Hi,

1) First of all what makes you think you are selling at an undervalued price?
2) In a general situation, the HDB valuation report will provide a figure on the valuation unless it is very much under the market rate.
3) If the value is very much under the market rate, the HDB will email or call up the seller to understand why it is priced so low.
4) If you had received from the HDB that you are selling very much under the market rate, then you are confirmed selling under the market rate.
5) Once an OTP is issued to the buyer you have legally agreed to enter into a contract.
6) Only the seller can withdraw from the contract by not exercising it once an OTP is issued.
7) You are subject to be sued by the buyer for the damages and compensation for their losses if you want to withdraw once the buyer exercised the OTP.
8) The only option for you is to meet the buyer face-to-face to convince them to withdraw without suing. You will have to prepare to compensate for their losses in time and effort.
9) You have to understand all buyers have a plan once they are prepared to buy. This action definitely will disrupt their short and long-term plan.
10) If they had sold their home or are already in the legal process of selling/completion, they might need to look for short-term renting (3 to 6 months). This cost will not be cheap, to begin with.

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 queries, 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
 90110636 
ling.ck7@gmail.com
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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2
At this stage, both seller and buyer have entered into a legally binding agreement that none can back out unless both are agreeable, it is not simply about reimbursing and returning the fees paid to you by the buyer. You are unable to unilaterally back out of this transaction unless the buyer also agrees.

You may wish to consult a lawyer on the feasibility in voiding this sale transaction since you mentioned that your agent has misrepresented in convincing you that unit is hard to sell and have to grab the opportunity to sell as well as to file an official complain to Council of Estate Agencies for this misrepresentation and this has to be done as soon as possible before the transaction is progressed further.

Aside from this, I'd like to highlight that not all HDB transactions are sold at or above valuation. In fact, we have seen cases where units are sold below valuation, as sell as significantly below valuation too for units with ethnic restrictions especially. How did you find out that your unit was sold under valuation in this case? Read More
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