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Hi sir / madam whose have experience with the case either seller can cancel their otp? Is there any solution on this matter? We bought hdb 3room and had it sign otp and next step, seller in divorce case using different agent. Hence 2weeks husband passed away, they inform us that they still proceed to sell the house. Almost every week our agent asking them but did not get the answer. Otp sign on june 2022, on july we found out they sell again their house with the price more higher than before and now they said they cancel the otp and will return back the money we paid. I'st legall if someone already sign otp but they still advertise their house again? We don’t know whether they sell their house to another party.! Pls advise what to do next???
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2 Answers

Dear sir/mdm,

Your OTP was signed in June 2022 and now it is already coming to the end of December 2022, why did you bring this matter up with such a long delay? There could be implications to the sale when a joint owner of the property pass away during the transaction, and you have already exercised the OTP, you should inform HDB for them to assist and advise in this case. Now that the process has been delayed for quite a while, I am unsure if HDB will still be able to facilitate in this. Do check with your agent on this, but any issues to claim damages, please be prepared to engage the services of a lawyer to do so.

In my opinion, the most practical action now is to ensure that refund of the monies is received and move on to your next purchase, and your family may decide if you wish to go after the seller for backing out of the transaction.

I have been in the real estate business since 2009, with more than 13 years of experience serving the Singapore real estate market.

I am very active in the residential segment of Singapore real estate market, having transacted hundreds of deals from HDBs to private condominiums and landed properties in Singapore, and have handled many unique cases in sales and purchases as well as rental deals.

Over the years, I have also established a network reaching out to more than 9,400 expatriates, bringing my market presence to both in and outside of Singapore. This has created an additional exposure when I manage my client's portfolios, on top of the conventional on and offline platforms, where other estate agents are relying on. This has allowed me to consistently convert leads into results.

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Geryl Lim
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Hi,

1) The situation you are facing is rather sticky. My suggestion is to take the money and move on.
2) You have the legal right to the flat at the agreed price if you have exercised before the expiry date.
3) To enforce the right you should have submitted your resale application and called the HDB regarding the unfortunate happening (one of the owners passed on).
4) The HDB will have the facility to assist this to carry on if the wife still agrees to sell.
5) The seller has no right to cancel the OTP once offered because a contract was already formed once they took the deposit and give you the OTP.
6) It is strongly recommended to engage a lawyer's assistance if you decide to pursue the matter.
7) I would believe that the legal and court fees incurred will be higher than the increment of the flat price.

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

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