Refund of Payment from Real state /developer

Good day po. Need ko po ng legal advice regarding sa kinuha ko pong bahay since march 2013. OFW po ako kaya mother ko ang nag aasikaso thru S.P.A. Nag file po ako ng back out letter since august dahil sobrang tagal ng processing nila dahil umabot na ng 1 year and six months,walang aksyo. So to make the story short,nagfile na po ako ng legal complaint sa hlurb so nagharap na po kami ng kabilang panig, ngayon may natanggap po akong sulat galing sa hlurb na nag sasaad ng : THE PARTIES ARE HEREBY DIRECTED TO SIMULATEOUSLY FILE WITHIN 15 DAYS FROM RECEIPT HEREOF YOUR RESPECTIVE POSITION PAPERS,JOINTLY VERIFIED BY THE PARTIES AND THEIR RESPECTIVE COUNSELS, ATTACHING THERETO THE AFFIDAVITS OF YOUR WITNESSES AND DOCUMENTARY EVIDENCE AS WELL AS THE DRafts DECISIONS AS PROVIDED FOR BY EXECUTIVE ORDER NO. 26. - baka po maaring paki linaw ang eksaktong sinasabi ng sulat.. At ang dapat at tama kong gawin para maipanalo ang kaso ko.. Salamat po.

You have to contact a lawyer immediately kasi you only have until January 20 to file the position paper being asked by HLURB. If you do not file that, you might lose your case.

If you need legal assistance, please send a direct email to km@kgmlegal.ph

Best regards,
Atty. Katrina

Good day, Atty. Katrina, and to the Pinoylawyer community.

My inquiry is similar to the post title, I need advice on if I can and how I can demand for a refund of payments from a real estate developer. Although in my scenario, I haven't initiated any legal course of action yet.

I started paying for the properties April 19, 2009 and until this date January 16, 2015 the developer can not and will not commit any date when the properties can be turned over to me. I'm in serious need of discussing the details to someone who can help me. This has burdened my family for nearly half a dozen years already.

Appreciate any advice in advance. Thank you very much for your time.

Magandang araw po. Ako po ay nagbayad sa isang mobilizer/initiator ng Community Mortgage Program ng halagand P 12, 680.00 pesos para sa 40sqm lot na under sa nasabing programa. Nag-issue po sila ng O.R. Pero wala pa po akong pinirmahan na anumang dokumento o kontrata. Parang reservation pa lang po dun sa lote. Hindi ko na po itutuloy pa ang pagkuha ng lote. Sabi po nung mobilizer ay hindi na nga daw po pwede ang refund pero dahil ikokonsidera nila ang side ko ay babawasan na lang daw po ito ng mahigit apat na libo para daw po sa engineerng at paperworks. Makatarungan po ba ito? Sana po matulungan nyo ako. sSalamat po

hgbz wrote:Good day, Atty. Katrina, and to the Pinoylawyer community.

My inquiry is similar to the post title, I need advice on if I can and how I can demand for a refund of payments from a real estate developer. Although in my scenario, I haven't initiated any legal course of action yet.

I started paying for the properties April 19, 2009 and until this date January 16, 2015 the developer can not and will not commit any date when the properties can be turned over to me. I'm in serious need of discussing the details to someone who can help me. This has burdened my family for nearly half a dozen years already.

Appreciate any advice in advance. Thank you very much for your time.

Hi,

I'm so sorry that I missed your post. You should first contact the developer. If ayaw nila magbigay ng refund, you can send a letter to the HLURB NCR (if dito kayo sa Metro Manila) and discuss in your letter what happened and what you want to happen. Attach supporting documents.

Regards,
Atty. Katrina