Different Tenancy Agreement Question Please HELP!

Posted by boomer84 (27 days ago)

Hi,
I signed a preliminary TA, which locked me into paying the owner if I backe dout and both sides of relator fee.
Thats not the problem just background.
Signed the final TA on a Wed. afternoon. My wife and I had second thoughts that night. I called realtor at 9 am next morning and asked if owner had signed the agreement(s). He said no and he still had my check. I told him I was withdrawing my offer and I would by by to pick up documents at lunch. I then called owner and told him. He said can we talk about it. I told him I was going to office at lunch. He said he would be there also. I got to realtors first they gave me my check and one TA signed only by me. The Other TA was picked up by owners father , who is a part of real estate investment ltd. The rela estate agent said he wanted to look at TA and then just walked out with one copy. They said not to worry I have my check and unsigend TA. I wrote out a letter withdrawing my offer and had rela estate agent sign it as well and gave them a copy. The owners son pleaded with me to reconsider , I said I would discuss with my wife, but was doubtful. The next morning I sent owner a sms saying we could not do it, despite him being willing to lower rent. The following day I paid the real estate agent both sides of fee. Also Owner kept the deposit. So in total I paid out 92,000
This is not the problem- 2.5 weeks later I received a email form agent stating that owner took the other TA had it it stamped and if I did not move (Move in date was Nov 15) in held the right to seek damages against me. I know the place is currently on the market. The real estate agent does not think its enforceable, but i am FREAKING out. Where do I stand? What do I do now??

We really dont want to be forced to move.

Find what you are after in our Hong Kong A-Z Directory
Need a Moving Quote? Click Here

Posted by sghkcn (27 days ago)

Is there a TA out there with both your original signature and owner's original signature?

Answer:

- Yes, and it was stamped = the TA is enforceable, but you can argue that you had withdrawn your offer pursuant to your written letter of withdrawal (which was a good move).

- No, because I only signed one TA and I took it back. The owner signed on the photocopy version of the TA and proceeded to stamp it = the TA is not enforceable and the real estate agent is right.