Hi Joe,
In the scenario you described, the buyer's ability to request a full refund after exercising the Option to Purchase (OTP) due to legal limitations arising from a divorce case is uncertain and depends on several factors:
**1. The Specific Terms of the OTP:**
* The OTP is a legally binding contract. It's crucial to review the specific terms and conditions outlined in the document.
* Some OTPs might have clauses that allow for cancellation under specific circumstances, such as legal issues or financial difficulties.
* If the OTP does not explicitly address such situations, it might be more challenging to get a full refund.
**2. Negotiation with the Seller:**
* Even if the OTP doesn't have a specific clause, the buyer could try to negotiate with the seller for a refund. The seller might be understanding of the situation and agree to return the option fee and exercise fee.
* The success of the negotiation depends on the seller's willingness and the relationship between both parties.
**3. Legal Recourse:**
* If negotiation fails, the buyer could potentially seek legal recourse. However, this can be a costly and time-consuming process.
* A lawyer specializing in property law can advise the buyer on their legal rights and options based on the specific details of the OTP and the divorce case.
**General Considerations:**
* **HDB's Role:** HDB typically does not intervene in disputes between buyers and sellers regarding OTPs. Their role is primarily administrative and focused on ensuring the overall transaction process follows the rules and regulations.
* **Time Sensitivity:** If the buyer needs to cancel the OTP due to the divorce case, it's important to act quickly and communicate with the seller as soon as possible.
**Recommendation:**
The buyer should consult with a lawyer to understand their legal options and the best course of action. It's also advisable to communicate with the seller and try to reach an amicable solution if possible.
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