Changing real estate agents

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  1. #1

    Join Date
    Feb 2008
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    Changing real estate agents

    I'm pretty sure our agent is totally out to lunch and we'd like to change to someone who isn't going to make buying a place harder and more expensive than it has to be. We've heard about a law that states if you look at a flat with one agent then switch and buy it through another you have to pay both people. Anyone know if that is true? I've done some hunting but can't seem to come up with an answer.

    Thanks in advance


  2. #2

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    Agents would normally get you to sign an agreement to that effect before they start showing you places. If you have then clearly you have a contract to honour. If you haven't then the agent could argue that you have an unwritten contract, but I don't think that many would be bothered to follow up.


  3. #3

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    In theory, agents give you an agreement to sign saying that they act as your agent should you buy a property they show you - on the agreements I've had, the properties I've been shown are listed and I sign next to each one. The agreement usually lasts three months.

    Most of the agents I've used since looking to buy haven't given me one of these to sign though. And in this case, I guess they have no legal comeback if you buy a property they've shown you through someone else...? Not sure. Maybe the experienced property types on here can clarify.

    (Too slow typing - PDLM said it first!)

    Last edited by ArKay; 31-10-2009 at 01:44 PM.

  4. #4

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    If you have signed an estate agency agreement for leasing of residential properties ( EAA Form 5 or type thereof ) which is easily identified by being the form with the list of all the properties you have seen, then by schedule 3 of that form -- YES -- you are liable to pay the agent their commission even if you are using another agency. IF --- within the period laid out in paragraph 1 of Form 5. ( find here EAA Download Area ). The other agency having had you sign the form 5 with them and listed the property then also has the right to claim commission.

    If you have not signed a Form 5 type form then the agency cannot claim any commission.

    I should clarify - this relates to properties you have viewed and are listed. You can use as many agents as you want as long as the properties shown are unique to them.

    Last edited by Boris; 31-10-2009 at 02:44 PM.

  5. #5

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    Check the agents card for managers tel

    Do take a closer look at the agents business card.
    If it is one of the bigger agency like centa or midland, then it may contain a secnd phone number that says something like... manager xxx: + 852 9999 9999

    Or walk into the office of the agency branch and ask for the branch manager

    By bringing up the matter to the agency's management, you may end up getting another person/agent from the same company/agency to step in.... hence you will still only pay one comission to the "company".

    It can push things along. When the agent went "on vacation"... I was left hanging... so after the agency manager stepped in, the matter finished very quickly.


  6. #6

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    LifeinHK
    I think the OP is talking about "agent " as different companies therefore your comment is not correct. If different agents within the same company then it is correct as the form 5 is signed for a company and not the individual within it.


  7. #7

    Join Date
    Feb 2008
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    We didn't sign anything so I guess we're in the clear. I feel a little like we're screwing this person over but have totally lost confidence in them after catching them in a few stupid lies. Thanks for the input.