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I'd like to ask what's the best way to solve my issue with my developer.
Here's the story. We reserved two lots in April 2015. The agent told us that the Meralco post is in between the two lots being purchased. It's fine at that time since the other lot is meant for a garden. We were about to loan and we requested for a geodetic plan and found out that there was a problem in the technical description of the two lots. Lot 1's technical description has been fixed in December 2015; while Lot 2 is pending because they couldn't close the property in square based on technical description. Since we needed to build a house urgently at that time, they asked us to settle with Lot 1 first and make a downpayment of 20% and sign the contract to sell. We payed in December 2015. We hired another geodetic and another topographic engineer since we asked our Architect to design our house. In February 2016, we discovered in our topographic plan that the Meralco post is almost at the center of Lot 1 and it is inside the property itself. We wrote immediately to the developer requesting to process the transfer of the Meralco post. At the same time, the developer asked us to pay the additional monthly amortization, not until the Letter of Guarantee from our office is received (because we were availing of housing loan under our office) because it is under the contract to sell. We paid for 6 months with interest. Months passed by, still we followed up. We already paid the taxes in the BIR. We were about to exchange the titles in the RD but I asked to put on hold first not until they have processed our request to move the Meralco post (cost is Php100k++). Until November 2016, we set a meeting with them. Their engineer and lawyer requested to give them until March 01,2017 for the movement of the Meralco post. We did not hear from them until we followed up mid-March and the post is still in there. Now, they don't answer my email, letters or phone calls. I am really upset because the taxes we paid at the BIR will be expiring next year. I heard that their tactic is for us to back out so that they will refund only 50% of our downpayment which is too small compared to all other expenses incurred. We have already shed out too much money without enjoying the property.
I would like to request for the best advise on how to proceed with this property. Thank you.
Here's the story. We reserved two lots in April 2015. The agent told us that the Meralco post is in between the two lots being purchased. It's fine at that time since the other lot is meant for a garden. We were about to loan and we requested for a geodetic plan and found out that there was a problem in the technical description of the two lots. Lot 1's technical description has been fixed in December 2015; while Lot 2 is pending because they couldn't close the property in square based on technical description. Since we needed to build a house urgently at that time, they asked us to settle with Lot 1 first and make a downpayment of 20% and sign the contract to sell. We payed in December 2015. We hired another geodetic and another topographic engineer since we asked our Architect to design our house. In February 2016, we discovered in our topographic plan that the Meralco post is almost at the center of Lot 1 and it is inside the property itself. We wrote immediately to the developer requesting to process the transfer of the Meralco post. At the same time, the developer asked us to pay the additional monthly amortization, not until the Letter of Guarantee from our office is received (because we were availing of housing loan under our office) because it is under the contract to sell. We paid for 6 months with interest. Months passed by, still we followed up. We already paid the taxes in the BIR. We were about to exchange the titles in the RD but I asked to put on hold first not until they have processed our request to move the Meralco post (cost is Php100k++). Until November 2016, we set a meeting with them. Their engineer and lawyer requested to give them until March 01,2017 for the movement of the Meralco post. We did not hear from them until we followed up mid-March and the post is still in there. Now, they don't answer my email, letters or phone calls. I am really upset because the taxes we paid at the BIR will be expiring next year. I heard that their tactic is for us to back out so that they will refund only 50% of our downpayment which is too small compared to all other expenses incurred. We have already shed out too much money without enjoying the property.
I would like to request for the best advise on how to proceed with this property. Thank you.
