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Do U have this experience? Pls share [複製鏈接]

Wendy518

大宅

積分: 1101

1^#

發表於 06-7-23 00:48 |只看該作者

Do U have this experience? Pls share

In Feb 2006, I sold a flat via Cxxxxline Property Agency. During the transaction, the agent asked me if the deposit could be stickheld. So I asked her how long it should be kept by the solictor.She told me that several days. I agreed to do so. However, I received the deposit about 2 months later, nearly the completion of the transaction. I was too angry and dissatisfied about her service as she provided me inaccurate information. I complained to EMA. I did not pay the agency fee. ( Of course, there were also other dissatifactions other than the stickhold issue)
In July, I received the letter from small claims tribunal. So I contacted the agent for paying the agency fee. But a man, Mr Tsui claimed that he was a staff of legal department in Cexxxline contacted me. Said that he knew that I was willing to pay and requested me to sign the document which I cancel the complaint of EMA. I think that there were two separate issues, agency fee and complaint. I requested to think about it. Recently, he called me again. So I asked him to contact the agent for me. ( I wanted to pay the fee but not to cancel the complaint) Yet Mr Tsui refused and challenged me that (1)there were the witness (other agents in office) proved the agent did not provide incorrect information to me.(2) my flat had some problem and must be stickheld. I told him that the outstanding of the flat was less than the market price. He said that I could not prove so. ( I could show the bank statment)
At this moment, I think that there was no need to continue our conversation. I told him that I handle this issue at the tribunal next month.
Dear citizen,
1. Do U know what problems or possible outcome if I insist not to pay the fee and settle it at the tribunal?
Please give your precious opinion. Thanks!

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hkchina2000

大宅

積分: 1699

2^#

發表於 06-7-23 09:16 |只看該作者

Re: Do U have this experience? Pls share

照你咁講, Agent 并無誤導你, 如果你層樓唔係負資產, d契無問題, 你律師樓應該幾日就可以過數俾你. 你個情況可能係律師樓認為唔夠保障, 所以hold住你d錢, 直至交易完成.

做左stickhold, 你律師樓有責任保證對方所付出的首期的安全性. 過往曾經有人試過將層負資產的樓賣同時俾兩個人, 果兩個人俾左首期之後, 個賣家摞住d首期走左去, 買家釘佢契都無用, 所以之後地產代理就會對一d負資產或接近負資產的樓, 對買方提議做stickhold. 等賣方個律師去保障交易的可靠性. 其實stickhold仲有其它好處....

如果只是遲收到首期, 你應該問你律師, 佢如果俾唔倒合理解釋俾你, 你應該投訴佢, 唔關 Agent 事. 呢個唔係 Agent 的責任.

[img align=left]http://img7.picsplace.to/img7/25/0578-1.jpg[/img]

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Wendy518

大宅

積分: 1101

3^#

發表於 06-7-23 19:38 |只看該作者

Re: Do U have this experience? Pls share

My flat was not 'negative valuation property'. While I signed the contract, I asked the solictor about the deposit. She told me the deposit could be submitted to me about 1 more month.
I contacted the agent again. But the agent denied that she told me stickhold was lasted for several days only.

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hkchina2000

大宅

積分: 1699

4^#

發表於 06-7-24 10:51 |只看該作者

Re: Do U have this experience? Pls share

一般情況, 律師樓出信俾銀行, 銀行回復證明所欠的款項少於賣出銀碼, 律師樓就會放款俾你, 整個程序應不超過兩周. 但有可能有d律師樓認為銀行復信之日的日期離成交日太遠, 而擔心對對方的保障不足夠, 而要hold住你d錢耐d. 其中涉及很複雜的法律問題, 我唔係好清楚, 但應該Agent在事前係好難知道你個case要hold幾耐, 只可以話你知一般情況係幾日至兩星期.

[img align=left]http://img7.picsplace.to/img7/25/0578-1.jpg[/img]

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