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Dispute with hk property agency what to do?!? Iam lost

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  1. #1

    Join Date
    May 2016
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    14

    Dispute with hk property agency what to do?!? Iam lost

    Hello

    I am in dispute with a real estate agency hong kong
    They pretended a shortfall due to the cancellation of the lease of real property
    They require half my deposit
    While I have not signed a contract defining their commissions
    What should I do??
    Are there competent and free legal advice service in a 1st time
    Or what are the administrative procedures to make by itself ??
    Any advice welcome

    Thank you


  2. #2

    Join Date
    Aug 2006
    Posts
    7,517
    They pretended a shortfall due to the cancellation of the lease of real property
    I don't really understand this. Do you mean that you were going to rent a flat, but you have decided against it? Now the agency is trying to claim money from you?

    They require half my deposit. While I have not signed a contract defining their commissions
    What exactly have you signed - if anything?

    You can look here:
    CLIC - Landlord & Tenant

  3. #3

    Join Date
    Aug 2009
    Posts
    2,711

    Absurd. If you haven't signed anything, tell them to get lost.

    If you have signed something with he agency, but not signed anything with a landlord, tell them to get lost


  4. #4

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
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    They require half your deposit?

    Sounds like you made an offer with a one month deposit, signed a provisional tenancy agreement, and you decided to cancel before the landlord signed?

    Your deposit should be a cheque written to the landlord, if you withdrew the offer before the landlord signed, then you are entitled to receive the cheque back.

    If the landlord signed the provisional, and you wanted to cancel thereafter, then you forfeit some money to the landlord and are responsible to pay for both sides of the agency fee (1 month).

    Tell them you will be filing a complaint with the EAA, ask for the shop manager, get their name and E license number along with the salesperson, and go to Hopewell Centre and lodge a complaint. I think they will settle quickly.


  5. #5

    Join Date
    Feb 2011
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    Hong Kong
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    Plus, your deposit cheque should be written to the landlord directly so they would be liable if a cheque was cashed. If not, landlord doesn't cash cheque, then tell the agency to get lost. But get your cheque back if you wrote one.

    Tell us more about the story.


  6. #6

    Join Date
    May 2016
    Posts
    14

    Hi
    I gave the cash advance payement in cash the property mode à chèque to the landlonrd
    I already done à complainte at the EAA
    I want to the police station of the district i have à case number
    But no one is able to do something
    The Land lord send us à letter trouve is solicitor that hé agréé the cancellation and hé didn't charge nothing

    So i am planning to go to the small clame tribunal

    But i need à legal advice cause no one want or is able to explain me what are the thing to do


  7. #7

    Join Date
    Oct 2005
    Posts
    14,414

    In English

    Your post still does not make sense


  8. #8

    Join Date
    May 2016
    Posts
    14

    They argue compensation for thé lost due to my cancellation
    I didn't sign no contract with them we had an oral agrément


  9. #9

    Join Date
    May 2016
    Posts
    14

    Sorry i am not an english speaker


  10. #10

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    First, you're a moron. Why would you give cash? I'm guessing it's one month and the agency offered to give you half back?

    Technically you wasted everyone's time, entered into an agreement, then backed out after the landlord confirmed. So in theory you should lose your deposit plus pay the agency one month. You are the one who cancelled, so think twice before you agree to something.

    Second, you need to explain your story correctly at EAA. You're supposed to supply a cheque written to the landlord. You can claim that the agency is mishandling funds and not returning the money that is only to be paid to the landlord. Considering you can't tell the full story in the first instance gives cause that you are hiding something and technically you are the one who backed out so you should pay the penalties. So don't give someone your half story as it makes you seem like the shady one.

    Don't bother with police or the small claims court. It's a waste of time and sounds like the amount is quite low anyway.

    Next time do it the correct way. Signed contracts, cheques. Everything needs a paper trail.....

    jimbo and JAherbert like this.

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