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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » House and Lot buyer asking for refund from Developer.

House and Lot buyer asking for refund from Developer.

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Brando Braganza


Arresto Menor

1st time buyer po ako ng house and lot sa Marilao, Bulacan. Sa Villar Roma Phase 5. Under ng Innova Homes.  I would like to know if a Buyer can demand for Refund since delayed for 4 months and still counting ang turn over sa amin dahil sa mga defects ng bahay. We were approved for PAG_IBIG Housing Loan since Aug. 2013. We were one of the 1st buyers for the said phase but because of the delays, our unit is still yet to be finished.

Pls. see attached images for the defects. Thanks in advance.

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npserapio


Arresto Menor

Sale of real property by instalment is governed by Maceda Law wherein you can refund 50% of all your payments subject to certain conditions such as the buyer must have already paid at least 2 years of installment payments.

However, in this case, the developer is the one at fault. Please check your contract if there are specific provisions there that governs breach. If there is none, you can file for its rescission or file a case for specific performance. In the former, since the contract is rescinded, you can refund all what you have paid. Smile

Brando Braganza


Arresto Menor

npserapio wrote:Sale of real property by instalment is governed by Maceda Law wherein you can refund 50% of all your payments subject to certain conditions such as the buyer must have already paid at least 2 years of installment payments.

However, in this case, the developer is the one at fault. Please check your contract if there are specific provisions there that governs breach. If there is none, you can file for its rescission or file a case for specific performance. In the former, since the contract is rescinded, you can refund all what you have paid. Smile
ill pretend i understand all of what youve said Very Happy thanks. ill go ahead and research it. any other reccomendations or mayber specific examplse of such cases like mine?

npserapio


Arresto Menor

Lots of cases similar to your concern is filed with HLURB. By the way, is the project registered with HLURB?

My take on this is that you should first talk and try to settle it with the developer. If the developer complies, there would be no need to file a complaint with the HLURB.

If the developer fails to comply with that demand, complainants can file their claims with the regional office of HLURB pursuant to rules of procedures amended.

If the reason for refund is due to nondevelopment of the project, the buyer can demand for a full refund of payment.

Brando Braganza


Arresto Menor

"Lots of cases similar to your concern is filed with HLURB. By the way, is the project registered with HLURB?" - yes. they are registered

"If the reason for refund is due to nondevelopment of the project, the buyer can demand for a full refund of payment." - well it is being developed, as the pictures below show, its just that its been drastically delayed.

ill try to review the contract but i doubt if theres a clause that obliges the developer to pay the buyer for such delays. ill keep it posted. thanks.

ipisboomz


Arresto Menor

@Brando Braganza

What is the status of your complaint? I have the same case with you, my house development is been delayed for 2 months, the house already take out by pag-ibig and no sign of completion yet on our unit.

Thanks.

7House and Lot buyer asking for refund from Developer. Empty nga nga Mon May 05, 2014 1:02 am

Brando Braganza


Arresto Menor

ipisboomz wrote:@Brando Braganza

What is the status of your complaint? I have the same case with you, my house development is been delayed for 2 months, the house already take out by pag-ibig and no sign of completion yet on our unit.

Thanks.

i think ikaw ung ng send ng report sa office ng innova na kinopya ung report ko dito sa page Smile ok lng sakin, no prob. eto nga nga pa din. need ko na gawan ng legal action to. mas malala pa sa gobyerno developer natin.

jekz

jekz
Prision Mayor

npserapio wrote:Sale of real property by instalment is governed by Maceda Law wherein you can refund 50% of all your payments subject to certain conditions such as the buyer must have already paid at least 2 years of installment payments.

However, in this case, the developer is the one at fault. Please check your contract if there are specific provisions there that governs breach. If there is none, you can file for its rescission or file a case for specific performance. In the former, since the contract is rescinded, you can refund all what you have paid. Smile

If the client is still on Down Payment stage is it covered by Maceda Law ?

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