Camella Refund Request | Worst Service

Good Morning po sir,

We bought a townhouse in Camella Lessandra Bacoor way back 2011. We had 1 day tripping to the site and immediately reserved the property on the same day. After we have signed the contract and submitted some of the requirements like the Post Dated Check, we never heard anything anymore from their sales agent - hence it created an impression they only want our money without any proper service given. We also tried to contact their admin but it seems so hard to reach them. Until such time that we were discourage to continue our payment. We recently had a talk with a new account officer and we felt everything will be solved and will be process. But along the way, here comes the account office who gave her phone number but does not answer our calls. We tried shoot an email as well but it takes us a couple of email before we get a sort of partial reply.

I went to their admin office in Alabang Star Mall, admin said that the account officer will come by the office after lunch so I decided to wait. Come afternoon no one attended my concern, I was just advised by another person to get back the next day.

We felt that we were ignored since day 1 so we requested withdraw our account and request for a refund but until now no one is addressing our query.

Is it still possible for us to have a refund.

Thanks,
Lynniel Valmoria
09432675864

Under the Maceda Law, there are two qualification categories of buyers accorded protection. These buyers are:
1.Under Section 3 of Maceda Law, a buyer with at least 2 years of installments
2.Under Section 4 of Maceda Law, a buyer with less than 2 years of installments

In other words, Section 3 of Maceda Law indicates that the buyer has a right to a refund and grace periods as long as the buyer has paid at least two years. However, if there’s still less than 2 years of installment payments made, the buyer is only entitled to 60 days grace period as indicated in Section 4.

Section 4

In case where less than two years of installments were paid, the seller shall give the buyer a grace period of not less than sixty days from the date the installment became due.

If the buyer fails to pay the installments due at the expiration of the grace period, the seller may cancel the contract after 30 days from the receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act.

Hi,


We were able to settle 9months only of the down payment, though this wasn't really paid continuously as its really hard to reach Camella team. They have created an impression to us that they only want to have our money and doesn't care about their clients.

Question under section 4.
Our account was cancelled by Camella, our total payment given is 119,000. We already asked for refund and now according to them they can only give us a refund of 16,350.04. Below is their reply to my email:

---
Hi Sir,
Good day!

As requested, this is to advice that our request for the cancellation of account with refund was approved amounting to 16,350.40PhP based from the total amounts paid with standard deductions.
-----

Is this something we can still dispute?

If the total amount of installment payments is less than two years’ worth, your developer is obliged to give you no fewer than 60 days ahead of the installment date due to perform your financial obligation. If you are unable to fulfill your financial obligation within the given grace period, your developer may cancel the sales contract after 30 days from the time you receive the notice or demand of cancellation of the contract.

You have the right to get reimbursed with the amount you have paid in lieu of the agreement, including the amortization payments. This means that it is illegal for the developer to forfeit any installment payments in favor of the developer or owner.

Under Sec. 24 of PD 957: Failure to pay installments. - The rights of the buyer in the event of this failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by Republic Act No. 6552. Where the transaction or contract was entered into prior to the effectivity of Republic Act No. 6552 on August 26, 1972, the defaulting buyer shall be entitled to the corresponding refund based on the installments paid after the effectivity of the law in the absence of any provision in the contract to the contrary.

You have to asked for the breakdown of the computations. I would suggest you to file necessary complaints before the office of the Housing and Land Use Regulatory Board (HLURB) by form of writing and states all of your concerns. It would be better if it is supported by evidences.

9 months will not qualify you under Maceda Law, as it will only give you a grace period. Your account may be cancelled and all payments forfeited.

lynniel.valmoria wrote:Hi,


We were able to settle 9months only of the down payment, though this wasn't really paid continuously as its really hard to reach Camella team. They have created an impression to us that they only want  to have our money and doesn't care about their clients.

Question under section 4.
Our account was cancelled by Camella, our total payment given is 119,000. We already asked for refund and now according to them they can only give us a refund of 16,350.04. Below is their reply to my email:

---
Hi Sir,
Good day!

As requested, this is to advice that our request for the cancellation of account with refund was approved amounting to 16,350.40PhP based from the total amounts paid with standard deductions.
-----

Is this something we can still dispute?

Hi Lynniel,

We have same situation but I already paid 14 mos. Am I entitled also for a refund since you confirmed that your 9 mos payment entitled for it.

TIA,

Dennis

hustisya wrote:Under the Maceda Law, there are two qualification categories of buyers accorded protection. These buyers are:
1.Under Section 3 of Maceda Law, a buyer with at least 2 years of installments
2.Under Section 4 of Maceda Law, a buyer with less than 2 years of installments

In other words, Section 3 of Maceda Law indicates that the buyer has a right to a refund and grace periods as long as the buyer has paid at least two years. However, if there’s still less than 2 years of installment payments made, the buyer is only entitled to 60 days grace period as indicated in Section 4.

Section 4

In case where less than two years of installments were paid, the seller shall give the buyer a grace period of not less than sixty days from the date the installment became due.

If the buyer fails to pay the installments due at the expiration of the grace period, the seller may cancel the contract after 30 days from the receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act.

Good Day Sir,

Can I ask to elaborate Republic Act No. 6552 - "Realty Installment Buyer Protection Act" Philippines. I'd been decided to give-up/cancel my property I bought from one of Real State here in the Philippines. I'd been completed in paying my down payment for two years. My question is, do I have a change to refund some of my money paid to them, without having any penalties/deductions, rather I can refund 50% from my total amount I had paid to them as I understood with the said Republic Act as mentioned above, if I am not mistaken.

Really appreciate soonest response sir/ma'am.

Thank you and God Bless

johnbenedictpaulite wrote:

hustisya wrote:Under the Maceda Law, there are two qualification categories of buyers accorded protection. These buyers are:
1.Under Section 3 of Maceda Law, a buyer with at least 2 years of installments
2.Under Section 4 of Maceda Law, a buyer with less than 2 years of installments

In other words, Section 3 of Maceda Law indicates that the buyer has a right to a refund and grace periods as long as the buyer has paid at least two years. However, if there’s still less than 2 years of installment payments made, the buyer is only entitled to 60 days grace period as indicated in Section 4.

Section 4

In case where less than two years of installments were paid, the seller shall give the buyer a grace period of not less than sixty days from the date the installment became due.

If the buyer fails to pay the installments due at the expiration of the grace period, the seller may cancel the contract after 30 days from the receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act.

Good Day Sir,

Can I ask to elaborate Republic Act No. 6552 - "Realty Installment Buyer Protection Act" Philippines. I'd been decided to give-up/cancel my property I bought from one of Real State here in the Philippines. I'd been completed in paying my down payment for two years. My question is, do I have a change to refund some of my money paid to them, without having any penalties/deductions, rather I can refund 50% from my total amount I had paid to them as I understood with the said Republic Act as mentioned above, if I am not mistaken.

Really appreciate soonest response sir/ma'am.

Thank you and God Bless

Yes. Only equivalent to fifty percent of the total payments made… Down payments, deposits or options on the contract shall be included in the computation of the total number of installment payments made.

According to Maceda Law you can only have the refund of 50% if your payments made more than 2 yrs up. Tama po bng bumaba pa sa 50% un refund m? Kht d nmn ndefault or npenalized? Or else, they should give back the whole 50%? Please advise.

shalalah wrote:According to Maceda Law you can only have the refund of  50% if your payments made more than 2 yrs up. Tama po bng bumaba pa sa 50% un refund m? Kht d nmn ndefault or npenalized? Or else, they should give back the whole 50%? Please advise.

It's 50% (exclusive of penalties). I suggest you go to HLURB regarding refunds.

good day!
i've been paying to camella homes for 2 years and 2months. but, they did not start the house construction for so many excuses.
camella says that after full downpayment,the house construction begins immediately. but i already completed my down payment 8months ago.
i would like to cancel and ask for refund.is it possible that i can have a full refund of the amount paid?
thank you and your advise is very much appreciated!