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发表于 5-7-2011 19:08:20|来自:新加坡
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又找到一个律师观点。很有意思,这个律师讲的,卖家想要抽身的唯一方法是买家的支票跳票。综合前面几个从律师得来的意见,非常一致:卖家虽然最开始签了字,但收到的支票跳票(不论1%还是4%)都可以不卖,即认为OTP是无效的,OTP是否执行了不重要。律师意见很有参考价值,但最关键还是实际案例如何判。
Subject: Withdraw From Option To Purchase
Q. To sell my property, I recently signed an original “Option To Purchase” form and accepted a 1% deposit cheque from the buyer (we have not banked in the cheque yet). As my spouse was overseas at the time, he signed on a faxed copy of the Option form. Two days later, we decided not to go ahead with the sale. But the Agent said that since the buyers had already received a faxed copy of the signed agreement, that they could take legal action against us if we didn’t proceed with the sale. Is there any recourse for us since my spouse didn't sign on the original copy of the Option To Purchase form?
A. The answer will depend on whether or not you yourself have also signed on the option to purchase (“OTP”). If you have sign the OTP personally and your husband have signed by way of fax, the OTP is still valid provided that you have passed the OTP to the buyer and accepted his cheque for 1%. The fact that you have not banked in the cheque is irrelevant unless you have tried to bank it in, but the cheque is dishonoured.
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