No License to Sell - Victoria Station 2

Hi, I need help. I purchased a unit at Victoria Station 2 Project of New San Jose Builders along ESDA Kamuning, on Sept 2011, their sales agents said that turn over will be last quarter of 2014. I am not a delinquent buyer, my account is current but I am so disappointed with the development, Till now wala pang nagagawa at hinde pa nahuhukay for the foundation. So this year I asked again when will be the turnover. Sabi na nila is 2015. So nagduda na ako, I went to HLURB and found out that hinde sila registered and no License to Sell was issued.

So I went to their office and demanded a full refund. Their customer service people told me na depende pa daw sa approval ng office nila kung meron ako makukuha kc daw they are protected by the Maceda law which states na dapat 24 months na ako nakahulog sa kanila to be entitled for a refund.

Is this true? My understanding is that dapat meron sila license to sell to protect buyers from fraudulent transactions, tulad nito they can move the turnover date if they wish to kc naman hinde sila registered.

Meron ba ako mahahabol sa kanila? I need your assistance, almost p90,000 na hard earned money na ang nababayad ko sa kanila. Thank u so much...

Sir,

Kami din ay nagkakaproblema sa Vitoria Station II. We bought a unit last 2010 pa. Then until now wala pang nangyayari. same case with you, 2015 pa daw ang turnover. pero before that ang turnover dapat ay 2014. we found out that they don't have liscense to sell. and honestly we don't know what to do. Sana makahingi po kami ng payo sa inyo.

To all buyers of NSJBI with similar case as above whether for VS2 or any other project, please message me. I am already working in getting the attention of our local media. As much as possible, we need numbers so that we can fully get the developers attention as well.

Thanks!

hi..ano contract ba ang dapat iexecute if the property being sold should undergo an extrajudicial settlement.Kasi ang contract price is 9 million. According to the seller, an amt of 7 million is required to hold the property and an acknowlegment receipt will be issued with conditions such as full payment will be demanded upon payment of extate tax. Di ba dapat deed of conditional sale considering that more than 50% of the contract price is demanded?

Hello! I also bought 3 units last April 2010. They told me that i should pay for the balance at 7% via In-house even the turnover of land is not yet finish? What are you guys gnna do?

Sa contract ko, walang nakalagy na turnover date, so does this means wala akong laban to refund fully or demand any discounts...?

sarsy wrote:Hello! I also bought 3 units last April 2010. They told me that i should pay for the balance at 7% via In-house even the turnover of land is not yet finish? What are you guys gnna do?

Sa contract ko, walang nakalagy na turnover date, so does this means wala akong laban to refund fully or demand any discounts...?

This is alarming. I have the same situation with Victoria de Makati.They said turn over will be 2013 although that year we will still be on monthly ammortization without interest. I think they did this as a way of a good catch for buyers. Then by 2014, we should be paying the big remaining balance. As of this moment, just like the other projects, no developments can be seen at the construction site. I am worried that even after 2014, the building will not be finished yet. They should not forced us to pay the big remaining balance if the unit is not turned over yet. However, nothing is said in the contract about it and they also did not specify in the contract their turn over date.

Is there any law that protect us from not paying remaining balance if the project is not yet completed?

http://www.batasnatin.com/law-library/civil-law/sales/364-sales--pd-957-effect-of-absence-of-certificate-of-registration-or-license-to-sell-by-the-hlurb.html

Please review article above. This was provided to me by a unit buyer as well with the same situation as me.

There is a paragraph "Option to suspend payment or demand for reimbursement given to buyer."

My case has been filed at HLURB, I am waiting for a date wherein HLURB would mediate between me and NSJBI. I will post results of the said meeting. I hope the law would favor the people who purchased units in "GOOD FAITH" and sanction developers that are not following the law.

http://hlurb.gov.ph/services/developers/developers-responsibilities-and-obligations/responsibilities-obligations-of-owners-developers/

Responsibilities & Obligations of Owners/Developers

Complete the project in accordance with the approved development plan therefore not later than (Indicate target date of completion) and advise buyers in writing of such time frame for development.

Maintain the common facilities until their turnover is authorized pursuant to PD 1216.

Register the instrument relative to any sale with the Register of Deeds, whether or not the price is fully paid, within 180 days from execution.

Deliver the title free from liens and encumbrance to fully paid buyers or if mortgaged redeem and deliver the same within six months from full payment

Secure clearance prior to any mortgage, alteration of plans, advertisement or change of ownership.

Pay the real estate tax/assessment on the lot/unit until the year the title is transferred to or actual possession/ occupation is taken by the buyer.

Refrain from forfeiting payments made by the buyers who suspend amortization after due notice to owner or developer on ground of incomplete development or non-development.

Submit report showing its extent of project development and changes in corporate officer within sixty days after each semester.

Observe the prescribed maximum selling price for BP 220 projects (Economic and Socialized Housing)

Display the registration certificate and this license in a conspicuous place in all offices of the owner and developer.

Initiate the organization of a home/unit owners.

Refrain from levying any fee for an alleged community benefit upon the buyers; and

Ensure the development of Socialized Housing Project presented as compliance to Section 18, RA 7279

Sentences highlighted are just some of the obligations that NSJBI has failed to comply.

http://hlurb.gov.ph/services/buyers/right-to-a-clean-title/non-forfeiture-of-payments/

Non-Forfeiture of Payments

A buyer’s payment for a subdivision lot or condominium unit cannot be forfeited by the owner or developer when he desists paying on the ground that the project is not develop per approved plans and within the time limit for development. He must, however, notify the owner or developer of his decision to suspend payments.

The said buyer has the option to demand a refund of the total amount paid with legal interest. The total amount includes amortization interest but delinquency interest is excluded. Section 23 of PD 957 Subdivision and Condominium Buyers Protective Decree provides, thus:

SECTION 23. Non-Forfeiture of Payments. – No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desist from further payment due to the failure of the owner or developer to develop he subdivision or condominium project according to the approved plans and within the time limit for complying with the same. Such buyer, may at his option, be reimbursed the total amount paid including amortization interest but excluding delinquency interest, with interest thereon at the legal rate.

Let us all be empowered. Know our rights.

Pictures of Victoria Station 2. Taken on July 9. 2 towers with 40 floors each and World Class Amenities by 2014? I DONT THINK SO!

i ahve the same situation too, nagfile na din ako ng case against NSJB sa HLURB kanina lang, will wait for their response until monday. We need to have an attorney and file against them. What do you think?

very disappointed, the sales director and even their project director told me that i will get full refund but turn out to be all lies.

hi arjaye... i already PM my number.. please text me.. i want a refund..

i have the plan of purchasing units in Victoria Station 2. however i am afraid that same thing will happen to me like the others who posted their sentiments regarding the project. what can you advice to me.

hi drv1968, san jose has been an established company and well known in real estate field. However I think they just had some problems because they are finishing 4or6 projects. I bought a unit last 2009, turn over date is 2014 but they moved it to 2015. My agent told me they changed their planned layouts and it is for the better. I confirmed it at their office and they told me the same thing. My mom went at their site last week and saw that construction is on-going. they just had delays due to some problems. I saw their other projects that are existing already. Other developers have worse problems compared to them and infairness to them, they offer the lowest price in the area. I also bought a unit at robinsons but I encountered more problems. Anyway there's no perfect company. just an opinion.

if they are really a well established company, bakit hindi sila nakakuha ng permits? it's been 3 years now na pre-selling yung project nila? and they keep on moving the turnover date. Kung talagang good company sil, bakit ayaw nilang irefund yung mga disappointed clients nila? kumita na nga sila ng 10k sa reservation gusto pa nila non refundable lahat ng payments nila? panlalamang sa kapwa ang ginagawa nila.

Hi Dior_2005, i received this message from a concerned buyer at one of their projects.

"I just stumbled into your account while researching New San Jose Builders Inc. I bought a pre-selling unit from them at their Victoria de Makati project last July 2009, with a promised turnover date of 2011. Well it's now 2012, and their buildings are no where near finished. I got a copy of their license to sell, dated July 2010, which says turnover will be December 2013. But looking at the current status of the construction, it is unrealistic to believe that they can finish the project by that time."

I know that there is no perfect company, they all have problems one way or another. But the situation that we have with VS2 is different. They have not started construction at all.

With a well established developer who have finished 2 projects VIctoria Station 1 and Victoria De Manila, they should know better not to deceive their clients into purchasing something that they cannot deliver on time. Heck, all their competitors are promoting EARLY turnover dates. Is SMDC a seasoned developer? I dont think so, but look at their SMDC Lights, construction is well on its way.

If you want to confirm that they are telling the truth, go to HLURB and find out if they indeed changed their planned layouts. Why change it? of course their office would tell u stories so that u will continue paying them.

Just my opinion.

HLURB just released my schedule date for conciliation meeting. It will be on August 30, 2012 1:30pm at the Legal Department of HLURB.

For those who already filed a complaint against NSJBI thru HLURB, please provide feedback of your case so that others may have knowledge on what to expect.

Thanks!

Just to give you an update. I personally saw how the lawyer of NSJBI blamed their client stating that the client should have read the contract before signing and that their company did not force anyone to pay them.

This happened during the conciliation meeting at HLURB on August 2. The mediator who did not say anything in the defense of anyone said that we should file a FORMAL complaint so that HLURB can decide on the case.

The conciliation meeting would not result to anything at all because NSJBI will still stand on their original decision which is to DENY the REFUND. All of us should file a case against them as a group so that HLURB can take us seriously.

Please contact me 09063060854.

I have 1 year to go for full payment of downpayment. We need justice!

i have 6 months to go, and full payment na ako so sad..... i need to decide what to do. They are declining my offer na stop payment muna ako, grabe tlga, susugurin ko sila sa Saturday morning, who wants to join me?

it's either i do not pull out my DP and stop paying first until i see 80% finish, or i can refund 80-90% of what i have paid, and i am not settling for 50%.

Any ideas kung panu ko ipaglalaban ito?

At Condbuyer: how to start filing as a group? dapat may maglead, anu ba kelangan isubmit? whoo wants to join? lalo na kelangan na sa mga malapit na matapos ang DP nila

Guys, let's meet up and discuss first on what to do before making any sugod. As per our case, HLURB told us to complete the 20%dp. fortunately matatapos na namin yung 20% by September. so 1 month na lang. then tsaka kami mag ffile ng case against them. actually arbitration muna sa HLURB between me & NSJBI. may nare-resolve naman daw sa level ng HLURB pa lang. Pero kung sakaling matalo sa arbitration, pede tayong mag file ng formal case against NSJBI. we ask help from Public Attorney's Office.

Sabi nga eh, "Together we stand, united we fall"

So let's all do this together and by the way guys i was able to get a copy of cease & deceased order of HLURB to NSJBI. stating that they don't have liscense to sell since May 2010 for Victoria Station II

at Paris23, mas mauuna ka papala sakin matapos.. So what are doing now? Are requesting anything after DP?