Children of Seller, who has dementia, want to stop the sale of their parent's HDB flat. However, they refuse to refund the deposit and want the Buyer to cancel the application. What is the possible course of actions the Buyer could take?

Answer :

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    answered on 05/10/2015

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    This depends. Generally speaking, if the Buyer wants to proceed with the sale, then the Buyer will have to sue for performance. In contrast, if the Seller wishes to back out on the basis that the Seller lacks mental capacity, then they would have to refund the deposit. Whether the Seller is entitled to back out of the transaction depends on the specific facts. You are advised to seek legal advice.

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