UPSET ...... very upset

I was woken up at 6AM Euro time, The property agent of my rental-apartment-to-be called, saying that the owners changed their mind.


That is after rushing to the place within the same day with my passport details, documents etc etc and paying a 1 month's deposit . All so that when I am back on my business trip on 22Dec, I can pack and move on 28th Dec. Hereby just in time of my old lease expiry.


Yeah, I get my deposit back with an additional month as compensation . But in such short notice, how to rush to look for a new place.


Especially when I am out of town and in a different time zone, had already ordered my movers & furnitures ....


Ohhhhh....ANGRY, UPSET & HELPLESS

Hi Patrick.


Thanks for the kind words. Unfortunately for me, all the agent's cards are in HK now. I won't be back until 22 Dec 07.


Did not expect landowners to be this distrustful.


There was an agreement that I signed with a month's deposit paid. It stated the obligations of each party & penalties AND that either way, the agent gets full commission (buggers).


So now, I get my deposit back + 1 month as compensation. I have to return my copy of that agreement to collect the above.

Hi Snoopy88,


Sorry to hear of your bad luck. This doesn't often happen with landlords, once they have signed some kind of offer letter or agreement they don't usually change their minds, but it unfortunately does happen sometimes.


I've sent you a PM.

they do do it, and they'll continue to do it.


In Hong Kong you have to find a scrupulous Agent who has relationships with owners. Using a good Agent reduces the likelihood of this happening.


This happened to me when I first moved to Hk. Back then I didnt know about the 1 month compensation and the Agent certainly kept tightn lipped about it. My guess is he either kept is himself, or was involved in the gazumping and got a better commission by letting it out to a higher bidder!

The compensation and both party's responsiblity were spelt our & explained to us (landlord+wifey & me) at the second meeting. Of course, the agent's full commission is pepped at every other sentence in that speach.


I am not so upset now as that 6AM call. But still disappointed at the intergety of some locals towards arrangements that are signed & sealed.

Maxis, for the record the agreement you had when you first arrived in Hong Kong may not have included one month's compensation. It depends firstly on whether you sign something which is legally binding, e.g. a Provisional Tenancy Agreement, or non-binding, e.g. a Letter of Offer. It also depends on the wording of the agreement. I think it's highly unlikely that an agent would have kept the compensation.

"Hong Kong: Trust what you signed, not what you heard. Read before you sign."


One more thing : wait for the other party's signature before popping the bubbly bottle, ordering furnishing & movers.


I met the landlord on Sat at the agent's office to pick up my cheque. She was polite to apologize, but i did not say more. I was jet lagged from the previous night flight from Dubai.


AND she has the cheek to ask me if I had found other alternatives. Sure, I just said that I had arranged & ordered everything, only to be stranded like this. Plus I have to hurry like crazy....coz HOTELS are also full. The compensation can only last for a few days in EXPENSIVE HOTEL......


Withheld my tounge on they being so untrustworthly, taking the letter of contract for a ride......Got money very big meh ?

Good news. On my dreaded search last weekend, and a bit a nasty jet lag.


i managed to find something reasonable in Tsuen Wan area....a bit of walking and dog barks in return for the lower rentals. A village house on the 3rd floor (but no roof top).


Moving in on this saturday.


:-)

Snoopy,

Glad it all worked out, been in that situation in HK and it is very stressful



Ldavy,

For the record it was in fact a provisional tenancy agreement. Also, even if it wasn't a legally binding document and merely a Notice of Offer, a decent Agent (who you are paying to act upon your behalf) would keep a client appraised of the legalities and risks associated. Not an unreasonable assumption.


A well practiced technique when showing Xpats such as Snoopy, with minimal time and without immediate knowledge of the local legal/property system, is to get them to sign agreements which may be legally binding in the Xpat's home country, and imply by omission that such documents with a deposit are binding, however in reality they aren't worth anything in Hong Kong. Sure, you can say buyer beware and read the small print, however many Xpats, including legal practitioners, have been duped by local real estate agent techniques.


So as stated, it was a "guess" of keeping the compensation, or was involved in the talking up and getting a better commission. Either is dishonest or at best unethical, and the latter is well known to occur in any event.


Anyhow, as Snoopy has found, even if you do get some sort of compensation, it really doesn't help that much as you have furniture/fridges/children/dogs etc all en route and nowhere for them to land.


Again, find a scruplulous agent (use a particular trustworthy individual, doesn't matter which Agency, there are quite some decent ones but you have to experience the others first to kow the difference!) who doesn't try and talk prices up, doesn't switch back and forth between "exclusive and inclusive", doesn't try any other of the iffy tricks of the trade. As said, find a good one and stick with him or her.


Like any business transaction, deal with people you know and trust. A good Agent would not have left Snoopy exposed to this withou being appraised, and good Agents tend to attract the type of property owners you'd want to do business with anyhow.


As Patrick Yui has stated, don't do a "walk-in", they see you coming and tell you are green. Only the ones with keys or can get them and appointments, or expect disappointments!