Too Smooth to be Real, or Even Riel ? Condo Blues.

CEOCambodiaNews · Post by **CEOCambodiaNews** » Sat Nov 19, 2022 2:48 am

Condo Salesman Pockets the Money

Cambodia News (Phnom Penh): On 18 November 2022, a condominium sales agent in Koh Pich area was arrested by the minor offenses bureau of the Criminal Police Department after he stole money from a client who paid the condominium fee to the agent on behalf of the developer. But, instead of paying the money on to the developer, the agent pocketed all the money.

According to the victim's complaint, on 1 August 2022, he signed a contract in January 2022 with the sales agent to buy a condominium worth more than USD 100,000 on Monivong Blvd., Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh. The payment plan was to pay a downpayment of more than USD 30,000 first, with the rest to be paid in monthly instalments.

After that, the victim handed over the monthly payments, which totalled $18,942 to Heng Sothearith to pay on to the company, and in return he was provided with a monthly receipt from the company.
However, the moment of reckoning arrived when, on 14 November 2022, another salesperson contacted the buyer to inform him that he had not paid his monthly instalment for the past 11 months. Only then did the victim realize that the money he had given to Heng Sothearith had not been paid on to the company.

After questioning, the suspect confessed that he did receive all the money from the victim, but did not hand any of it over to the company, and instead he forged the company's receipt and gave it to the victim.
The authorities confirmed that Heng Sothearith, has committed fraud, breach of trust, and forging of documents (the company's receipt of monthly payment).

Attention: Customers need to be very careful about how they give over their money when buying a condo by instalments, as some employees are dishonest, and unfortunately, many of the condominium development companies do not seem to vet their sales employees to make sure that they are honest and reliable. These companies will end up paying for the bad reputation of the salespersons that they have employed.

armchairlawyer · Post by **armchairlawyer** » Sat Nov 19, 2022 10:03 am

So the buyer must pay again?
That's tough after he paid an employee of the company and got receipts.

Jerry Atrick · Post by **Jerry Atrick** » Sat Nov 19, 2022 12:35 pm

CEOCambodiaNews wrote: ↑Sat Nov 19, 2022 2:48 am Condo Salesman Pockets the Money

Cambodia News (Phnom Penh): On 18 November 2022, a condominium sales agent in Koh Pich area was arrested by the minor offenses bureau of the Criminal Police Department after he stole money from a client who paid the condominium fee to the agent on behalf of the developer. But, instead of paying the money on to the developer, the agent pocketed all the money.

According to the victim's complaint, on 1 August 2022, he signed a contract in January 2022 with the sales agent to buy a condominium worth more than USD 100,000 on Monivong Blvd., Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh. The payment plan was to pay a downpayment of more than USD 30,000 first, with the rest to be paid in monthly instalments.

After that, the victim handed over the monthly payments, which totalled $18,942 to Heng Sothearith to pay on to the company, and in return he was provided with a monthly receipt from the company.
However, the moment of reckoning arrived when, on 14 November 2022, another salesperson contacted the buyer to inform him that he had not paid his monthly instalment for the past 11 months. Only then did the victim realize that the money he had given to Heng Sothearith had not been paid on to the company.

After questioning, the suspect confessed that he did receive all the money from the victim, but did not hand any of it over to the company, and instead he forged the company's receipt and gave it to the victim.
The authorities confirmed that Heng Sothearith, has committed fraud, breach of trust, and forging of documents (the company's receipt of monthly payment).

Attention: Customers need to be very careful about how they give over their money when buying a condo by instalments, as some employees are dishonest, and unfortunately, many of the condominium development companies do not seem to vet their sales employees to make sure that they are honest and reliable. These companies will end up paying for the bad reputation of the salespersons that they have employed.

If you looked at that fellow and thought he looked in any way trustworthy you would need your head examining

Doc67 · Post by **Doc67** » Sat Nov 19, 2022 1:23 pm

The developer company should be entirely responsible. Their employee stole their money.

There was a monthly payment plan that had not been adhered to, according to the company. Yet they did nothing for 11 months. Why not? Why didn't somebody make direct contact with the buyer after the first payment was missed? Or the second payment or the third?

Given the amount of corruption and simple brain-dead theft like this, companies should be acutely aware of the risk when money is changing hands and have extremely strict controls. They obviously didn't and sticky-fingered people spot the weakness' and exploit them.

armchairlawyer · Post by **armchairlawyer** » Sat Nov 19, 2022 2:14 pm

Given the trend in condo prices, the buyer probably got off lightly, assuming the deal collapses.
But the selling company won't want to use that argument in their defence!

Yobbo · Post by **Yobbo** » Sat Nov 19, 2022 2:38 pm

Doc67 wrote: ↑Sat Nov 19, 2022 1:23 pm The developer company should be entirely responsible. Their employee stole their money.

No, he is an agent/middle man. Has nothing to do with the developer!
The developer got ripped too.

Doc67 · Post by **Doc67** » Sat Nov 19, 2022 2:44 pm

Yobbo wrote: ↑Sat Nov 19, 2022 2:38 pm
Doc67 wrote: ↑Sat Nov 19, 2022 1:23 pm The developer company should be entirely responsible. Their employee stole their money.

No, he is an agent/middle man. Has nothing to do with the developer!
The developer got ripped too.

If he is an authorised agent of the developer, he is the developer's agent.

Qui facit per alium facit per se. "He who acts through another does the act himself", is a fundamental legal maxim of the law of agency.

Having said all that, the developer will be a big well-connected company and the buyer will just be a punter. The courts are corrupt so there will be little chance of forcing them to make good the loss.

https://en.wikipedia.org/wiki/Qui_facit ... cit_per_se

Yobbo · Post by **Yobbo** » Sat Nov 19, 2022 3:04 pm

Doc67 wrote: ↑Sat Nov 19, 2022 2:44 pm
Yobbo wrote: ↑Sat Nov 19, 2022 2:38 pm
Doc67 wrote: ↑Sat Nov 19, 2022 1:23 pm The developer company should be entirely responsible. Their employee stole their money.

No, he is an agent/middle man. Has nothing to do with the developer!
The developer got ripped too.
If he is an authorised agent of the developer, he is the developer's agent.

Qui facit per alium facit per se. "He who acts through another does the act himself", is a fundamental legal maxim of the law of agency.

Having said all that, the developer will be a big well-connected company and the buyer will just be a punter. The courts are corrupt so there will be little chance of forcing them to make good the loss.

https://en.wikipedia.org/wiki/Qui_facit ... cit_per_se

The agent acted on behalf of the buyer!

armchairlawyer · Post by **armchairlawyer** » Sat Nov 19, 2022 4:18 pm

Yobbo wrote: ↑Sat Nov 19, 2022 3:04 pm
The agent acted on behalf of the buyer!

So, in the article the man is described as a sales agent (twice), an employee of the selling company and as an agent of the seller. With your skilll in reinterpreting the facts, you could work for Hunter Biden, or Donald Trump etc etc.

Yobbo · Post by **Yobbo** » Sat Nov 19, 2022 4:28 pm

armchairlawyer wrote: ↑Sat Nov 19, 2022 4:18 pm
Yobbo wrote: ↑Sat Nov 19, 2022 3:04 pm
The agent acted on behalf of the buyer!
So, in the article the man is described as a sales agent (twice), an employee of the selling company and as an agent of the seller. With your skilll in reinterpreting the facts, you could work for Hunter Biden, or Donald Trump etc etc.

Who would argue with an armchair lawyer

Too Smooth to be Real, or Even Riel ? Condo Blues.

Too Smooth to be Real, or Even Riel ? Condo Blues.

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