法律問題﹕大廈維修說屋頂對上的天台是我的﹐叫我一個人付錢﹐請

Normally I do not answer questions posted anonymously because there hasbeen too many times of people deleting the questions after reading my answersthus wasting my time. But your question is quite interesting so I shall breakmy rule – hopefully you will act honorably.From your question I gathered that you have engaged the renovationcompany (rc) privately to carry out the works on the roof that you weremistakenly led to believe should be your responsibility. Now you want to claimfrom the management company (mc) the money you have spent / will spend. FirstlyI would remind you that you have contracted the rc privately so you are theonly contracting party with the rc. What happened between you and the mc is ofno concern to the rc. Therefore it would be your sole responsibility to pay themand you cannot refuse to pay saying that you were misled. You should write a letter to the mc - via their solicitors and cc a copyto the mc directly – notifying them that you have engaged and paid $x to the rcbased on their misleading statement (the 1st letter) for works thatshould be their responsibility (the 2nd letter). Attach with yourletter:1. a copy of the invoicefrom the rc2. a copy of yourcheque / deposit slip to the rc3. a copy of thereceipt from the rcYou now demand:1. them to returnto you the money you have already paid to the rc2. a cheque to youto cover the remaining 50% which you will have to pay upon completion of theworks on the roof.You should state in your letter that you reserve the right to claim fromthem any losses that may have or would be incurred due to their negligent andmisleading statement. Also you will take legal action against them if theyrefuse to pay you. You actually have on your hands a very strong negligent case.I believe they would pay up after they receive your letter.

2011-10-02 14:32:39 補充：
BTW, as a matter of interest, what is the amount involved?

2011-10-02 14:35:30 補充：
too many words, so they would not let me add anything. i did not leave out those "spaces" - i don't know what went wrong with yahoo's formatting...

2011-10-04 09:32:32 補充：
1.You still have a good case eventhough it was only a telephone conversation with the mc. Of course it would not be as strong, because whoever talked to you could deny ever talking to you and it would be your words against his / her words.

2011-10-04 09:32:57 補充：
But it would be hard for the mc to explain in court why you have to bear a higher renovation costs than other tenants. You made a mistake there acting only on a telephone conversation – when it comes to matters financial, always take action AFTER receiving written communications! Well, nevermind.

2011-10-04 09:34:06 補充：
2.Somehow I do not believe you could get the money from the rc simply by stating your case to him. If I were the rc, I would think: “what if the mc does not pay me after I returned the money to the tenant?” Wouldn’t you think so? The mc fxxked it up so they should sort it out.

2011-10-04 09:34:43 補充：
So if I were you I would stick to the case that the mc has to pay back and in advance as well. Otherwise see you in court. Whatever you do, write a letter to them first. This would serve to register your case, as well as kick open the bucket so their junior staff cannot sweep you under the carpet.

2011-10-04 09:34:51 補充：
Call them and ask for the name of their MD (or look it up on the net). Then write directly to the MD. It is ever so common that some junior staff made a mistake and tries to cover it up by throwing the ball back to your park. And it sounds to me this is such a case.

2011-10-04 09:35:15 補充：
3.Yes. That would be a good solution. Get the mc to admit the fault, and ask them to instruct the rc to return the money to you as well as admitting responsibility for the remaining 50%.

2011-10-06 08:35:03 補充：
no problem. glad to be of assistance. by the way mine were only advice and suggestions, not instructions. just choose me as your best answer if you think so.

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大廈維修說屋頂對上的天台是我的﹐叫我一個人付錢﹐
If your room are the highest floor.
Normal it is yours.
You can try to find the paper that when you buy,
there you will know that it is yours or not.