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Rented a property shown by two different agents

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  1. #1

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    Rented a property shown by two different agents

    I have just unknowingly rented out an apartment shown to me by two different real estate agencies. As I understand, as per local rules and as agreed between the tenant (by way of a signed form while scanning properties) and the property agency, in case you rent a property shown by two different agents, you are liable to pay brokerage to both the agents. Anyone been through a similar situation? Any suggestions how to get through this without been impacted monetarily? What are the implications if I don't pay up to the other agent who also showed me the same apartment. Does it in anywhich way reflect negatively on my HK ID Card? Do real estate agents have access to information on new transactions and tenancy details? Am I liable to pay only my share or even the landlord's share, i.e. entire 1 month rental which the agent lost out on as I used another agency for the apartment.

    Last edited by mangohkd; 19-10-2011 at 11:06 AM.

  2. #2

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    Those forms specifically state that if the agent introduces the property to you and you subsequently lease it, then they (or their company) are entitled to claim half the fee from you. If you signed two of these forms for the same property then yes, it could put you on the hook if they track you down. Its not uncommon for the big 4 agencies to send a standard letter requesting payment, and if you ignore it they sell the debt on to a shady collection agency.

    EAA Practice
    EAA Publications

    If your case has further relevant circumstances such as one agent did not follow up so you approached another agent, or a reasonable amount of time had passed (usually one month) then you should make this clear to the agency so they do not pursue the claim further.

    Added:
    It has no impact on your "ID card" except the agency will treat this as an outstanding debt and pursue it.

    The forms usually state the amount of the fee owed, and tends to be only your original share.

    Last edited by albahk; 19-10-2011 at 11:16 AM. Reason: extra response

  3. #3

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    Quote Originally Posted by mangohkd
    I have just unknowingly rented out an apartment shown to me by two different real estate agencies.
    Before I respond I'd like an explanation

  4. #4

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    rented the apartment from Agent 1 without realising that I had also seen the same apartment with Agent 2 and signed on their Form 6.


  5. #5

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    Quote Originally Posted by mangohkd
    rented the apartment from Agent 1 without realising that I had also seen the same apartment with Agent 2 and signed on their Form 6.
    This is what I'm sure a few people don't understand. How can you view an apartment without realising you had already viewed it before...

  6. #6

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    must of seen a heck of a lot of flats


  7. #7

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    Once you've seen one crappy overpriced and poorly constructed rabbit hutch you've seen them all... or if you see multiple flats in the same building I guess it's not that hard to mix them up - especially if they are new and have the same floor plan.

    dear giant likes this.

  8. #8

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    btw, how did you come to realize you had done this?


  9. #9

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    I saw about 30-35 apartments over a period of one week with several agents, at times same layout, same building but different floors. Needless to mention that I was in a hurry to sign the contract as I had to rent out within a timeframe of 1 week. The apartment was not furnished when I saw it with Agent 2, but when I went with Agent 1, it appeared partly furnished. Presumably, the owner might have moved over some furniture. I did not realise that this is the same apartment I saw with Agent 2 and fell into this trap. Am I liable to pay the entire commission lost by the agent or just my share?

    dear giant likes this.

  10. #10

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    Quote Originally Posted by Ramdom
    btw, how did you come to realize you had done this?
    When I opened up the Form 6 signed with Agent 2. By that time it was too late, as I had already signed upon the temp agreement through Agent 1

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