condo used by developer to house another buyer

Hi, i'm looking for a quick advise from our experts here.

I bought an RFO condo unit 6 months ago through home loan. Bank processing went fine and the developers were fully paid within a couple of weeks. However, the turnover process didn't happen. We tried to follow up multiple times through our agent, but didn't hear any update until 3 months later in January, when they sent the contract for signing. Our agent submitted it back. But again no response for more than a month after that.

We visited the unit last month on our way to the main office to file a complaint. We were surprised to see that the unit is being used to temporarily house a buyer for another unit (which is still under construction). The said buyer has been using "my" unit for about 4 months now.

I have already raised this problem with the developers, but I wanna know my rights.

* Can anyone help me and tell me what my legal rights are?
* Do i "own" the unit as of the time of bank payment even if the contract has not been signed yet?
* Do i "own" the unit as of contract signing a few months after payment has been settled? (update: new question added)
* Do i have the right to sue?
* If not, where else can I complain?
* What are my other options?


I hope someone can advise so I know how i can move forward with my case, if i need to get a lawyer, etc..

TIA.

Why did you pay before having by the developer signed contract???
WHO made you do that? (Sometimes it's the AGENT who mess up.)

Can you prove the not yet signed contract came from the developer? Is it signed by the contractor?
What does that not yet signed contract say? (I don't mean details about the unit, but transfer date, payment and such.)

Do you have any EARLIER contract for the developing period signed by developer?

Hi thanks for your reply. To answer:

* Yeah I expected the contract to be signed around the same time of payment. But I had to process bank loan the only week i was in Manila, and the process after was between bank and the developer. I was only informed that payment has been credited to developer. Agent said that contract should be ready for signing shortly.

* This is a well-known developer we're dealing with. Contract (DOAS) was hand delivered by agent, and was sent back through agent after we signed. We don't have a copy yet, as we were told upon signing that it will be handed as part of the turnover. (I'm trying to source out a copy thru agent since this issue.) So right now, I only have the initial receipt for my downpayment and home loan contract.

* As I bought an RFO unit, there was no contract prior to this one. Only the receipts as mentioned above.  

What can you suggest? Appreciate if you can answer my questions in first post. Thanks.

I see. But why didn't you instruct the bank to pay AFTER you got the signed contract???

Oh. ALLWAYS keep a copy of EVERYTHING you sign...

scamander0188 wrote:
* Can anyone help me and tell me what my legal rights are?
* Do i "own" the unit as of the time of bank payment even if the contract has not been signed yet?
* Do i have the right to sue?
* If not, where else can I complain?
* What are my other options?

Well. You have problem to find anything to sue for, by they haven't broke any contract, because they haven't signed any contract...

What transfer time did they tell when you paid? I guess it was the AGENT who said it, NOT the developer.
WHO of them had contact with the bank?
Ask the bank if they remember anything useful they are prepared to tell as witness.

What does the developer say about the situation?

You can perhaps demand back the money, but I don't know what you have signed... I guess that's not what you want anyway.

What you can do is write to the developer and request/demand for a turnover of the unit. If they do not respond, or respond negatively, please go to HLURB.

Lunkan wrote:Oh. ALLWAYS keep a copy of EVERYTHING you sign...

I know that very well. I wasn't home, and it was handled improperly. Let's stop pointing errors in the past, and stick to my question please, thanks.

Lunkan wrote:Well. You have problem to find anything to sue for, by they haven't broke any contract, because they haven't signed any contract...

Contract or DOAS was signed by developer and us as of January.

betchay001 wrote:What you can do is write to the developer and request/demand for a turnover of the unit. If they do not respond, or respond negatively, please go to HLURB.

I have already gone through this tedious process.

But we signed a contract for a NEW and RFO unit. By using it to house others if only temporarily, isn't this a violation of what the developer should deliver? If I buy a new unit, shouldn't I be expecting a "new" unit?

So a simple turnover won't be ok in this case. That's why I wanted to consult a lawyer.

scamander0188 wrote: (Apr 09, 2017 10:24) I expected the contract to be signed around the same time of payment.

scamander0188 wrote: (Apr 16, 2017 3:28 am) Contract or DOAS was signed by developer and us as of January.

But then you HAVE a contract. It's hard to answer, when you tell WRONG facts...

That's very much different situation.
You have allready answered betchay your contract say it's suppoused to be a new appartment
What does the contract say about:
1. date for you geting the documents needed for title transfer?
2. and when you get access to the condo?

And you need to check what you signed in the LATER document. Perhaps you AGREED to something in that, which you can't sue for by that...

What you can do? Talk to the agent supervisor, manager, director or president. Meaning, make a lot of noise... it works for me. RFO - ready for occupancy. Spell it in their face.