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  • 2 Post By Gruntfuttock
  • 1 Post By bryant.english

Cancelling a contract which I haven't signed yet?

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  1. #1

    Cancelling a contract which I haven't signed yet?

    A couple of friends and I were interested in sharing a place. When I was out of HK they found a place and took it as it was a good deal, and they put my name on the contract as the landlord was a bit hesitant, but when they told him that I was working and stable and everything he agreed to lease the place. They paid the first and last, a certain renovation cost, and agent fees; and a friend signed a provisional contract. I would then need to sign the contract when I got back to HK. The problem is there have been some developments and I can no longer stay with them. The contract doesnt have to be terminated, they can get someone to fill my room, but my question is: can I just walk away? All I know is the agent called me and told me the contract is in my name and asked me to come and sign. Does the provisional contract, signed by a friend of mine, hold me to any obligations? Obviously I would need to see the contract, but in general, how does something like this work?

    Last edited by Maurice Richard; 01-09-2012 at 04:33 PM.

  2. #2

    Join Date
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    you didnt sign anything off course you can walk away, how could your friend fill in your name, why couldnt they fill in their own. Dodgy, very dodgy.


  3. #3

    Join Date
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    your "friends" provisional contract is what counts and since he/she signed that one and not you, you can walk away and he/she is stuck with that one


  4. #4

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    Your friend signed a provisional contract? And this contract was done in your name?


  5. #5
    Quote Originally Posted by Dreadnought:
    Your friend signed a provisional contract? And this contract was done in your name?
    Something like that. The real contract has my name on it and I'm meant to sign it, but I haven't signed anything yet. The provisional contract was signed by my friend, it might have my name and ID number or something there, I don't quite know, but he signed, not me. So what does that mean? There's no problems in terms of leasing, I gave them permission to use my name to try and get the flat, and if I walk away they can still rent it and find someone else, but from my point of view, can I just walk away or do I have to sign the real contract given that the provisional has been signed?
    Last edited by Maurice Richard; 02-09-2012 at 06:32 PM.

  6. #6

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    Quote Originally Posted by Maurice Richard:
    The provisional contract was signed by my friend, it might have my name and ID number or something there, I don't quite know, but he signed, not me. So what does that mean?
    IF YOU HAVE NOT SIGNED ANY CONTRACT - YOU ARE NOT BOUND BY ANY CONTRACT.
    edie likes this.

  7. #7

    Join Date
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    Unless, of course, your friend is prepared to stand up in court to say that there was an oral contract between you under which you authorised him to sign the preliminary agreement on your behalf...

    bryant.english and edie like this.