急問!在處理樓宇買賣時,律師樓計錯數,買方是否有權拒絕補回差價﹖

2007-09-27 10:49 pm
急問!在處理樓宇買賣時,律師樓計錯數,買方是否有權拒絕補回差價﹖
另外,律師樓是否有責任通知大廈管理處樓宇已經成交及新業主的資料﹖

回答 (3)

2007-09-28 12:18 am
✔ 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
2007-10-02 9:19 am
如果是關於對數,如差餉,管理費之類有單有據的買方當然要補回差價.但是買方律師樓自己的一些行政費之類的,如果買方有收據在手,律師樓還有甚麼理據向人家收.
另一個問題,負責任的律師樓正常都會在買家完成買賣手續後,出一封律師信給買家交大廈管理處,通知他們單位的新業主和新業權歸屬.
參考: 個人意見
2007-09-27 11:17 pm
計錯數?点計錯數?
律師樓無責任通知大廈管理處樓宇已經成交或新業主的資料.


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