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

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  1. #31

    Join Date
    May 2016
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    14

    One fact missed i didn t sign any contract with The agency

    and They missusing my money They ask for an amount and They taking The whole clash advance payment


  2. #32

    Join Date
    May 2016
    Posts
    14

    The landlord is not involved he gave a letter telling That he is ok with That No looking for trouble

    the problem Come from The property agency have They right to do That ??

    Cash or pr chèque bank account or not do The acting of these property agency is LEGAL or not

    Franco or anglo afro its not The Matter so please ....


  3. #33

    Join Date
    Sep 2007
    Location
    Yuen Long
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    1,563

    As bdw asked...do you agree with the summary MandM posted. If you don't agree what is different. We all need to understand exactly what happened to give you the appropriate advice.


  4. #34

    Join Date
    May 2016
    Posts
    14

    He forgot to include The 2 last fact

    I did not signe any contract with The property agency .... So what are The rules on this précise case ???

    Through his solicitor the landlord send me a letter telling That he accept The cancellation and That he never endorsed The agency Check
    ( précisely give The number of property agency chèque )
    So de facto he is not engaging prosecution

    only The property agency take The opportunity to ask for more arguing a close in à countract That i did not sign
    The close is if i cancel i have to pay my commission part and The landlord commission part

    i am okay for my due ..as We got on The oral agreement . But not for The landlord part .... Do i have a LEGAL obligation to pay Both ??

    and Why he is seizing The whole cash advance payment .... And asking for The Half regarding The law
    is he doing something abusive ???
    Cause my cast advance payment is already higher than The asked commission


  5. #35

    Join Date
    May 2008
    Location
    DB
    Posts
    3,699

    My guess is the OP isn't going to stop until he gets the answer he wants, which I don't see happening any time soon.

    Khema likes this.

  6. #36

    Join Date
    May 2016
    Posts
    14

    I got some information about The verbal contract

    Is an oral contract legally enforceable?




    A:
    Generally speaking an oral contract is indeed legally enforceable (although for most complicated contracts such as those in complex commercial transactions, the contractual parties usually create agreements in writing in order to avoid any dispute regarding the terms). However, certain types of contracts, for example those creating rights and obligations in and over real property, must as a matter of law be in writing to be legally enforceable.


  7. #37

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    cibien, the answer is yes, you are liable for both landlord and tenants commission.

    You are also liable to two months penalty to the landlord.

    In this case, you were wrong and you keep thinking because you didn't sign anything that you can scam the agent. They did the work and you backed out, why shouldn't they get paid? They negotiated the deal, you made an earnest offer with deposit, hence it is a legally binding deal.

    Go after the agent and watch them come back at you asking for the landlord's penalty. Because the law says that you owe it all.


  8. #38

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    @shri, yes it can be more common to ask for one month from each side for commercial. A lot of landlords offer it. Agents can agree to charge whatever fee they want.
    @cibien, what part of my summary says you signed a contract? You're making stuff up........


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