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To safeguard your interests, leave no blank spaces in contract
 
After viewing a number of properties introduced by an estate agent, Ms Chu narrowed down her choices to two units. The asking price of both units was $1.1 million. Ms Chu knew that a considerable saving in stamp duty could be made if the price could be reduced to $1 million or less. (Note: the stamp duty at a consideration of $1 million or less is at a flat rate of $100; the stamp duty at a consideration of over $1 million is calculated on prescribed rates in proportion to the price.) Ms Chu therefore asked the agent to persuade each vendor to bring the price down to less than $1 million. The agent told Ms Chu that, in order to show the vendors that she was serious in her offer, Ms Chu should draw a cheque for $20,000 as initial deposit but leave the payee blank. He also asked her to sign a provisional agreement for sale and purchase for each of the two units but leave the spaces for the completion date and the selling price unfilled.

The agent then called the two vendors and, after much bargaining, one of the vendors finally agreed to sell his unit for $1 million. The agent immediately produced the relevant agreement and asked the vendor to sign on it. When this was done, he handed the vendor Ms Chu's cheque. However, when the agent told Ms Chu about the deal, Ms Chu said that she had never agreed to the price of $1 million and as the agent made the decision for her without her authorization, she would not be bound by the agreement. The agent, on the other hand, insisted that Ms Chu had instructed him orally that she agreed to the price of $1 million.

The two sides stuck to their respective versions and it was difficult for an outsider to judge who was in the right. Nevertheless, it was unwise of Ms Chu to sign the agreements with blanks left, which was the main cause for the dispute. Since the agreement did bear Ms Chu's signature, it would be difficult for her to prove that she had not agreed to the terms in the agreement. To go back on the agreement might amount to breach of contract.

In view of the above, the Estate Agents Authority suggests that, before signing an agreement, the details must first be thoroughly discussed and the various clauses in the agreement understood by the parties concerned. If the agreement is signed in haste before the terms have been agreed on or if blanks are left in important clauses, the consumer will only be inviting trouble.


 

 

© Copyright 2002 Estate Agents Authority. All rights reserved.

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