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Hi, I would like to ask if vendor has signed the booking form but he/she has added a clause that I am not agree. Within how many days i can cancel the booking and get back my earnest deposit? Your answer is highly appreciated. Thank you.


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Well it all depends, if the deposit or cheque had not been paid, cancellation should be a shift.

But if deposit / cheque paid had been cleared to client account, you would need to check on the cancellation clause, and some cancellation will be subject to penalty.

It all depends on your condition, and also what is the clause that was suddenly added back and you are not agree to it?

Did the vendor add the clause during the signing of the booking or after?

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The vendor and I wasn't sign at same day. After my signing only pass to the vendor to perform the signing and he has added the clause during his signing. 

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Normally this happen to subsale case, according to my experience, it can be refund immediately if the earnest deposit haven't bank in to the REA client account, if already bank in just call off the deal, sign a call off letter then request to refund. it should be very fast, my agency normally take 3-5 working days after full document submit.

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the vendor should not simply add on any clause before getting your agreement. The agent who is handling the case should not allow that to happen....do u have a copy of the document that u signed i.e. before vendor sign and add the clause??

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@Andy even if the earnest deposit had been banked into the client account of the realtor or real estate company, it can be refunded if the buyer have any proof that the agent is performing any "hanky-panky" business

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Sorry dont quite understand...so can a buyer have a full refund of their booking fees if they happen to have second thoughts on the property? 

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Is there a standard "cooling off" period for 2nd thoughts from either party? 

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What do you mean by that, the clause can't be added simply. There's valuation of the S&P lawyer and standard template from the Bank Lawyer if I'm not wrong.

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let's say both parties counter sign beside the "added" clauses... will this agreement be deem void?

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Hahahaha...where there's an added clause as you mentioned, it could actually amount to a counter offer isn't it? If an offer was countered the earlier offer shall be deemed void. I'm not sure how this added clause actually put in for your case though. If anything, it's better for you to check with a lawyer and give them all the details. 

About the cancellation of booking form, as far as I know, most of them actually works only if the purchaser can provide a Bank rejection letter or two. But it very much depends on the clauses stated in the booking form. And you might not get a full refund. 

Better check with an attorney. From my understanding of Contract Law, what you said is most likely amount to a counter offer. Keep me updated if you did consult an attorney. 

Just my 2 cents, correct me if I'm wrong. 

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@Ted thanks for sharing