6 Answers

Hi,

Once the OTP is exercised, a binding contract is established, and the seller is obligated to proceed accordingly. Should the seller decide to withdraw at this stage, they must refund any option fee/exercise fee paid by the buyer. Additionally, the buyer has the right to pursue legal action to enforce the seller's obligations. However, in many cases, buyers may prefer not to undergo the inconvenience and potential expenses of legal proceedings as long as they recover the option fee and exercise fee or maybe some compensation. Therefore, it is advisable to inform the buyer promptly, explain the situation, and seek their understanding and acceptance.

Hope this helps,

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Jenny Tran
Propnex Realty Pte Ltd
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(Email) jenny.tran@propnex.com
BSc (Real Estate) (Hons)-NUS

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Hi, appreciate your sharing. Agent, law firm lastly buyer. Subject to buyer for compensation.
Looking forward to assist you at 9696 4398  or email me at stewartlim96964398@gmail.com

Cheers
Stewart-PropNex (Senior Associate Division Director) Read More
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Hi, once option is exercised, the seller is obligated to sell you the unit, however if the seller withdraws, it is subject to compensation to buyer and refund on all the option and exercise fees. Should the buyer want to enforce the sale of the unit, legal action will have to be sought.

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Landon Chew
97 39 60 40
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Hi,

In this case, the seller can’t back out and the buyer has the right to pursue and to seek legal advice.

Regards
Aaron
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Mani Subramanian Veeramani
Hello,

Dealing with a situation where a resale seller wants to back out after exercising the option can be complex. Here are some key points to consider:

- **Legal Binding Agreement**: Once the Option to Purchase (OTP) is exercised, it becomes a legally binding contract. The seller typically cannot back out without facing legal consequences.

- **Consult Legal Advice**: The seller should immediately seek legal advice to understand their rights and obligations under the contract. This is crucial in navigating the situation properly.

- **Inform the Buyer**: The seller must promptly inform the buyer about their intention to back out and the reasons behind it. Open communication can sometimes lead to an amicable resolution.

- **Notify the Agent**: The seller should also notify their real estate agent about the situation. The agent can provide guidance and help manage communications between all parties involved.

- **Potential Penalties**: Backing out of the agreement could result in penalties for the seller, including forfeiting the option fee or facing legal action from the buyer.

- **Seek Mediation**: In cases of serious family disputes, mediation services can sometimes help resolve the issues in a way that allows the transaction to proceed or reach a mutually acceptable termination.

Understanding these steps can help manage the situation more effectively. If you need further assistance or have more questions, feel free to reach out. I'm here to help guide you through the process.

Thank you.

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- Mani Subramanian Veeramani
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1
Seller Backs Out After OTP:

Binding Agreement: Once you sign the OTP, it's a legally binding contract.
Seller's Obligation: If the seller wants to back out, they must return any fees you paid (option fee/exercise fee).
Buyer's Options: You, as the buyer, can take legal action to force the seller to complete the sale. However, legal action can be expensive and time-consuming.
Recommendation: The seller should talk to you openly, explain the situation, and try to find an amicable solution, like returning your fees and possibly some additional compensation. This avoids the hassle and cost of legal proceedings for both parties.
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