✔ 最佳答案
It depends, but normally no.
If you have a provisional sale agreement (臨時合約), it should state the premise price. If the solicitor of the previous property owner makes mistake and state a wrong price in the formal contract, and both parties signed the formal agreement, the previous owner can still ask for rectification. It is obviously a "mistake", but not the original intent of both parties. However, the corresponding legal cost may be borne by the previous owner.
However, if you don't have a provisional agreement, or you don't have a property agent during the sale, it is difficult to prove your original intent of the sale agreement.
On the other hand, if the price is unreasonably low, (e.g. the original price is HK$1,000,000.00, but now is HK$1,000.00), then you may still argue for unreasonableness, in the court.
Or you may search for other evidence to prove your original intent (premise price), like amount of stamp duty, property agent commission,etc.
If you don't have all these things and the new owner pretend to be like that, it is extremely difficult to chase the money back.
2007-09-27 16:24:43 補充:
don't forget that the formal sale agreement was draft by you (or your solicitor on behalf of you), if you can't provide solid evidence to prove your original intent (premise price) during the formation of the formal sale agreement,
2007-09-27 16:24:55 補充:
the court may execrise the doctrine of contraproferenum, and give a judge that is beneficial toward the one not drafting the contract.The rest you can do, is to sue your solicitor for damage