Property option fee: Woman loses appeal

Property option fee: Woman loses appeal
Above photo is The Swettenham Road property involved in the case, which lawyers say points to a need to clarify in any option-to-purchase contract whether the deal takes effect only after the option fee is paid.

A housewife submitted a cheque to pay a 1 per cent option- to-purchase fee concerning a $27.6 million Swettenham Road bungalow.

But the cheque for $276,000 bounced and the seller sued Madam Leong Miew Fong for the fee payable.

She did not file her defence in the case and the High Court ordered her to pay the $276,000 by default.

She applied to the High Court last month to set aside the judgment but did not succeed.

Yesterday, she failed in her appeal to avoid paying the fee even though the sale had been aborted.

In March, she had forwarded a cheque signed by her husband to the seller Swettenham19, a private firm dealing in real estate.

The option-to-purchase fee would give her the right to proceed with the acquisition of the 16,800 sq ft double-storey property near the Botanic Gardens.

But the cheque bounced as funds which her husband had expected to come into his bank account did not arrive, according to court documents filed.

In April, Swettenham19 sued Madam Leong for the fee and won.

Last month, Assistant Registrar Kevin Tan dismissed her move to set aside the outcome, pointing out that her failure to pay the fee did not prevent the seller from enforcing the option-to-purchase transaction, based on the terms of the valid contract.

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