in Singapore, an Offer to Purchase (OTP) is a legally binding contract once it is signed by both the buyer and seller. However, before the OTP is signed, you are still within the "option period" and have the right to change your mind and walk away from the deal.
In your case, you have accepted a 1% cheque as an option fee along with the OTP, but the OTP has not yet been signed. This means you are still within the option period and are free to:
Return the Cheque and Withdraw: You can return the cheque to the buyer and inform them that you are withdrawing your offer to sell. This effectively ends the negotiation process, and neither party is bound by the OTP.
Negotiate Further: You can also use this opportunity to negotiate further with the buyer. Perhaps you want to change the terms of the sale, such as the price or completion date. If the buyer agrees to your new terms, you can then sign the OTP.
Important Considerations:
Option Period: The standard option period in Singapore is 14 days, but it can be shorter or longer depending on the agreement between the buyer and seller. Check the OTP to confirm the specific option period in your case.
Option Fee: The 1% option fee is typically non-refundable once the OTP is exercised (i.e., signed by both parties). However, since the OTP has not been signed, you are free to return the cheque without penalty.
Communication: It is always advisable to communicate clearly and promptly with the buyer about your decision. This will avoid any misunderstandings or potential disputes.
Disclaimer:
This information is provided for general guidance and should not be taken as legal advice. If you have specific concerns or questions, it is recommended to consult with a qualified legal professional.
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