No License to Sell - Victoria Station 2

Awww!! =( Nakakainis!!! wala na bang ibang way para maireklamo sila? Grabe, pera lang talaga ang habo nila.

The Court of Appeals has affirmed the decision issued by the Regional Trial Court of Bacoor, Cavite enjoining the Government Service Insurance Corp. from foreclosing on a property of a real estate developer, which failed to settle its P2 billion loan obligation to the state pension fund.

The court’s sixth division through Associate Justice Florito Macalino ruled that the GSIS failed to show that the Bacoor RTC abused its discretion when it issued a writ of preliminary injunction in favor of New San Jose Builders Inc. and some 300 lot owners.

The appellate court said the lower court was correct in taking into consideration public interest in issuing the injunction.

The lot owners claimed that when they bought the property from New San Jose Builders, the land titles were clean, the court stressed.

The appellate court also did not give weight to the GSIS’ claim that its right to due process was violated when the trial court issued the injunction without conducting a hearing.

According to the appellate court, the pension fund for government employees was given an opportunity to oppose the issuance of the writ.

“What the law abhors is not the absence of previous notice but rather the absolute lack of opportunity to ventilate a party’s side,” it said.

Associate Justices Juan Enriquez Jr. and Ramon Bato Jr. concurred with the ruling.

Court records showed that the GSIS and New San Jose Builders entered into an agreement on December 10, 1997 where the realtor borrowed from the pension fund P600 million, payable in five years at 18 percent interest per year. A real estate mortgage secured the loan.

But the realty company failed to settle its loan obligations, prompting the GSIS to send several demand notices to the real estate firm.

In 2003, both parties discussed the possibility of laon restructuring, but did not reach an agreement.

Finally, the GSIS sent NSJBI two final demand letters on March 17, 2003 giving it five days to pay or else the mortgage will be foreclosed.

As of March 31, 2003, New San Jose’s obligation balooned to P1.99 billion inclusive of interest and surcharges, court records showed.

That could be one of the reasons why they falsely sold condo units to hardworking individuals, so that they can pay GSIS.

hello guys as in my experienced for buying a property, all pre-selling project usually have no license to sell kasi wala pang property to sell marami ang hindi nakakaalam niyan especially first time buyers they issuing the license after the project and they can remove the turn over date if some reason like weather condition etc.
for me i always deal w / trusted developer because they have
name to protect and they have assets sold or not they always finish the project...

and i saw the victoria station project beside GMA god look like a low rise condo no building management.....

I have officially filed an informal compliant with HLURB against VS2 project last friday. Kaso wala pang date to conciliate. Follow up cguro ako tomorrow on this one.

I stated there that I am asking for a full refund for all downpayments made.

Sana po makuha po namin lahat ang hard earned money.....

sarsy wrote:I have officially filed an informal compliant with HLURB against VS2 project last friday. Kaso wala pang date to conciliate. Follow up cguro ako tomorrow on this one.

I stated there that I am asking for a full refund for all downpayments made.

Sana po makuha po namin lahat ang hard earned money.....

Hi Sarsy,

The conciliation meeting will be scheduled usually after a month. medyo matagal ang process... but hopefully makuha lahat ng naibayad naten.

Guys we were able to pull out our checks na pala. kanina lang.

paris23 wrote:Guys we were able to pull out our checks na pala. kanina lang.

Were you able to refund ung mga nahulog mo?

Not yet. But we stated on our letter that we want a full refund including the reservation fee. Then sabi nila samin tatawagan na lang kami for refund kasi may process daw yun. That is fine. I understand that. So humingi ako ng contact number ng isa sa mataas na postion na employee nila para yun ang kakausapin ko. everything we did are actually documented. may copy sila may copy kami. so yun. wala silang kawala samin.

Kwento ko lang ung case namin.

Yesterday was our schedule in HLRUB together with Atty Turqueza of NSJBI

It took us only 10mins to settle. The statement from Atty of NSJBI was pede pa ba pakiusapan ng ibang payment terms, pag hindi refund na lang.

This means, they are already open on refunding payments made while they do not have license to sell for this project -- VS2. Well, I think applicable lang to for people who have not signed the waiver.

The outcome was full refund but Reservation Fee is subject for approval and conciliation meeting is scheduled after 2 months pa daw, Nov 28, kasi process of refund is 2-3 months according to her.

Then, we go straight to their office and extracted the remaining cheques with request letter, which was fast as well by the way, at hindi na kami tinakot on penalty.

Hoping next conciliation meeting would be even more positive results. Mukhang mahaba habang byahe pa ito.

Siguro nga dahil wala ka din waiver. same on our situation, okay ang treatment nila samin. And yes napansin din namin na parang okay lang sa kanila full refund.

magandang araw po s inyo, meron n po bang nakakuha ng full refund s new san jose builders for their project victoria station 2? i'm planning to file a complaint kc to get a full refund.

[quote="ona1970"]magandang araw po s inyo, meron n po bang nakakuha ng full refund s new san jose builders for their project victoria station 2? i'm planning to file a complaint kc to get a full refund. [/quote


Hi, we are waiting for a full refund by end of this month. We will keep u posted once we have the check.

[quote="condobuyer18"]

ona1970 wrote:magandang araw po s inyo, meron n po bang nakakuha ng full refund s new san jose builders for their project victoria station 2? i'm planning to file a complaint kc to get a full refund. [/quote


Hi, we are waiting for a full refund by end of this month. We will keep u posted once we have the check.

thank you po.

Hi. I used to work for New San Jose Builders Inc.,
And yes, nakita ko na sistema nila at kung paano sila tumatabo ng benta pero hindi nakaka pag deliver on time for turn over. I feel sorry for the buyers that already acquired units from this company. And I also feel sorry for the sellers who still work for them. =(

Isellcondo wrote:Hi. I used to work for New San Jose Builders Inc.,
And yes, nakita ko na sistema nila at kung paano sila tumatabo ng benta pero hindi nakaka pag deliver on time for turn over. I feel sorry for the buyers that already acquired units from this company. And I also feel sorry for the sellers who still work for them. =(

Thank u for letting us know, we feel empowered making the right decision to demand full refund and complain them thru HLURB. It is just sad because San jose keeps on moving dates for conciliation because the refund check is not yet ready.

To all those who have filed a complaint thru HLURB, be ready for a long process...

check the HLURB's FAQ pages:

http://hlurb.gov.ph/faqs/

Q: Is pre-selling allowed?

A: No. Pre-selling which is disposing for valuable consideration of subdivision lots or condominium units I a subdivision or condominium project to the public prior to the issuance of Certificate of Registration and License to Sell is a violation of PD 957

Q: What is the liability of the subdivision owner if he sold subdivision lots without license to sell? What is the effect of the sale?

A: The sale is valid but the owner is liable to pay administrative fine for unauthorized selling. While, the buyer may opt to rescind the contract and demand for a refund or proceed with the sale. (This also applies to condominium)

Q: What is the remedy of a buyer to recover his payment upon knowing that the owner/developer of the subdivision/condominium has no license to sell?

A: He may demand from the seller the refund of the amount he already paid by filling a complaint with HLURB.



Q: Where can a prospective buyer check whether a subdivision project has a Certificate of Registration and License to Sell ?

A: He can check it with the Regional Office Of the HLURB which has jurisdiction of the place where the project is located.

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the question is whether you can still rescind the contract and demand full refund after the developer finally gets its license to sell. Can any lawyers reading this answer this question?

you must file a case against the developer as soon as possible. these developers do not even care if you do file a case against them. it's just part of the way they do business. they know only a few buyers will file a case and the rest of you will just accept it. So, the threat of filing a case against the developer has no effect on them. And even if others get their refund, the developer will not refund to you unless you file the same case.

Good news!!! Already received 2 postdated checks for Nov and Dec as refund for full amount minus the reservation fee.

ganyan din ba ang case sa victoria manila2?





watch upclose and personal hlurb on youtube..

Kahit saang project ng NSJBI pareho iyan. Baka ma-trap ka kabayan, 20% payable in 3 years. Pagkaraan ng 3 years, hukay pa lang at pagbabayarin ka na ng 80%.

Suggest ko, tingnan mo ang Victoria de Manila 1. From Lobby,try mo na pumunta sa swimming pool. Kung ano ang na-obserbahan mo sa building ganon din ang mangyayari sa Victoria de Manila 2. Iyong sarili nga nilang building hindi ma maintain, e di paano pa iyong ibang building.

Kung ako ikaw, pag-isipan mo ng mabuti. Baka matulad ka sa amin, na naging biktima ng NSJBI.

condobuyer18 wrote:Good news!!! Already received 2 postdated checks for Nov and Dec as refund for full amount minus the reservation fee.

Nakuha mo ba lahat ng payments mo? or just two pdcs

JdelaCruz wrote:

condobuyer18 wrote:Good news!!! Already received 2 postdated checks for Nov and Dec as refund for full amount minus the reservation fee.

Nakuha mo ba lahat ng payments mo? or just two pdcs

Yes, received total amount paid minus the RF. They staggered payment in 2 pdcs.

hi. i have the same concern and 2+ years na ko nagbabayad ng installment ng DP at nakita ko nga na wala pa ring progress yung titirikan ng building so i intend to get my money back. just wondering if i should go straight to HLURB to file an informal complaint or sa NSJBI na muna? pag pumunta po ba ako sa NSJBI, kelangan ko munang icheck sa HLURB kung meron silang License to Sell? sa tingin ko po kasi regardless kung meron sila or wala, entitled po ako sa full refund?

please let me know.

This is so alarming! I also purchased a unit in VS2 and expecting the turn-over next year. They have advertisement in GMAPinoy TV. Dami na pla nilang naloloko.

hello regarding sa disappointing client's i understand your feeling pero di po natin maiwasan ung sama nag loob nyu po we'll anyway concern po ako sa inyo kaya sana ung iba pong ahente na nandito sana wag po tyu basta naninira dahil minsan mga sinasabi ay di na po tama... alamin po muna natin bago po tayo mag react..

ako po ay isang manager na matagal at maalaga sa mga client na bumili at nabibigyan ko nag information ng maayus @sa mga client naman po na napabayaan na po ng mga ahente nila dahil umalis na at nawalan na ng allowance so ako na po mag papayo sa inyo ng maayus....

NEW SAN JOSE BUILDERS INC
nov 13,2012
dir alfredo m tan II
regional director
expanded national capital region
HLURB building
kalayaan avenue,quezon city

subject: Development Permit for Victoria Station 2 Condominium Edsa ,QC

Dear Dir Tan,
This has reference to our application for the Development Permit for Victoria Station 2 Condominium Project Dated July 11,2012 that your office received last july 18,2012 An ocular and another inspection was conducted last October 11,2012 by the Technical Group

in this regard,we would like to follow-up the status of said application

Thank you very much and we look forward to the issuance of the Development Permit for the Victoria Station 2 Condominium Project

Very truly your,
NSJBI

ok defined ko po sa inyu.. eto po ung letter for last year and now release nalang po and inaantay natin sa license to sell... matagal po talaga marelease po yon pero first o second quarter po dated na po yon kaya po wag na po kyo mag alinlangan ... lahat po ng binabayad nyu my nadadating at naaalagaan di po na pupunta sa wala..

naiintindihan ko po ung concern nyu dahil pera po natin nakasalalay po dito pero ako po mismo ng sasabi sa inyo mapupunta po sa mabuti at maayus ang pera nyu at kung anu po ung unit nyo po

sabi nga po sa bible - Christian

Commit your works to the lord and your plans will succeed - proverbs 16:3

For i know the plans i have for you, declares the lord plans to prosper you and not to harm you,plans to give you hope and a future - Jeremiah 29:11

-INSPIRATION-
when we take care of the thing that are important to god he takes care of the things that are important to us..


sa lahat po ng mga client na pabayang ahente kung may concern po tayo pwede ko po kayong tulungan nais ko po tumulong .. isa po ako ahente lang po dati @ ngun po ay manager na po at lahat po ng cliente ko matatag at di na tatakot dahil bawa't isa sa kanila inaalagaan ko at inaasist ko po nang maayus upang maintindihan po nila ng maayus at mauunawaan ..

lalu po sila bumibili at nagbibigay ng referal dahil:
-excellence service
-speed of accuracy
-intelligence of the project
-project master and floor plan & lay-out
-suggestion excellence & advice

magPM lang po kyo private sakin

SALAMAT PO