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We have signed a contract with an agent in Hong Kong for 6 months. As I understand it's not possible to terminate a contract legally in most cases in Hong Kong. Is there any law around this in the following case:

  1. A couple moving in
  2. 6 months rent
  3. Agent did not mention there is a prostitute place inside the same building
  4. We signed the contract yesterday so e.g. stamp duty has not been paid
  • With contracts, it helps to search your document for exit clauses to see if any apply to a situation like this... – Pat W. Oct 12 '15 at 1:17
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I believe that HK is a common-law jurisdiction. If so the contract is binding (barring any specific clauses that would allow you to terminate) unless the landlord misrepresented the property. For example, if you had asked "Are there any brothels nearby" and the landlord said "No" then you would have cause to terminate. This is not something the landlord is obliged to tell you but they must tell the truth if you asked.

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  • I don't know if that example of a brothel is necessarily cause to terminate. If you asked that, for all the landlord knows, you want to live near a brothel. – jimsug Oct 12 '15 at 22:36
  • @jimsung The example isn't important. The point is that the landlord cannot misrepresent the property - if I ask and they do not tell the truth then that gives cause to terminate. – Dale M Oct 12 '15 at 22:38
  • Hmm. I suspect that a misstatement that does not induce the other party to enter into the contract would not be found to be grounds for voiding it. But I'll need to look this up. – jimsug Oct 12 '15 at 22:56
  • @jimsug clearly nor, however, it would be a difficult argument to make that if I specifically asked about brothels (or anything else) that your misleading answer was not an inducement. That would be the common law position - consumer law may give even greater rights. – Dale M Oct 12 '15 at 23:09

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