Posted by
chefcrsh
19 yrs ago
I bought a flat and had horrible service from the Agent (apparently can't say who here). Directly because of their poor service I had to pay an extra $5,000 in costs including legal fees of the other party, and even locksmith service for gaining access to the property. I have asked repeatedly for a reduction of the agent fees (totaling $35,000) by the above amount but have been met with a military-like attitude from the agency (large corporation). Can I sue them (in small claims tribunal) before paying their demand? Do they have any legal right to insist I pay their legal or collection fees without getting a court to agree? Anyone any help?
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Topol
19 yrs ago
Don't pay them! Deduct your costs from their fees explaining why then let them do the leg work.
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Thanks Patrick and Topol, The company in question is no doubt a big one and they do have what they call a customer service department. I have had almost no communication form them excluding letters demanding payment or else and letters denying their agent made any mistakes. I have now instigated a complaint with the EAA and will see if they can negotiate a fair settlement. Otherwise I am inclined to agree with Topol and make them do the legwork. I was also wondering if it is illegal to picket in front (on the public street) of their shop?
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Ed
19 yrs ago
Quick note here - yes, we dont allow the naming of companies on here.
If we do and they see what you say (and they WILL see what you say because there thousands of people on this site every day) if they feel they have been libeled both you and AsiaXPAT are exposed to legal action.
Dont know about anyone else but the last thing I have time for is sitting in court - and paying legal fees.
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Probably totally off topic now.
First let me say sorry for not checking the rules more clearly before posting though I was taken aback by the sudden removal of my post and the rather harsh email that was sent in that regard.
However, you did allow the naming of the companies in Patrick’s post so you selectively censor posts depending on what you read as libelous, which is certainly your prerogative.
My understanding of libel is first: that a personal claim against a company posted in an internet bulletin board would not be libelous unless; malicious intent and fraud could be proven and second: the fact of a post by an individual would not be any indication that the board provider is itself guilty of libel. Of course the simple thing to do for protection is to clearly state that the opinions expressed on these message boards are not those of Asia Xpat.
I am sure it is difficult to strike a balance between providing a nexus for a community of individual expat's and encouraging support from those who would advertise to said expat's. My hat is off to you, and again no harm meant.
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Ed
19 yrs ago
Unfortunately thats not the way it works... if someone wants to sue they can sue regardless of what disclaimers we put on the site ... and we have to defend... we may win but we still have to spend time in court and pay lawyers.
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First of all, one shouldnt has absolute trust in agent. Their sales attitude is hit and run.
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