Turn-over Waiver

Hi,

A condo developer required me to sign a document before processing our unit for turn-over. The document is entitled: Undertaking, Wavier and Quitclaim.

One of the items stipulated states that the developer, for any valid reason, may require us to surrender the unit.

Can we amend the document to remove this specific item? Isn't this document too one-sided? Or shall we just sign this and file a case to proper court whenever the developer tries to do such thing?

Thanks in advance!

The valid reason is usually non-payment of amortization. They're protecting their asset of course, but if there is no problem in your payments, then this wouldn't be used against you.

betchay001 wrote:The valid reason is usually non-payment of amortization. They're protecting their asset of course, but if there is no problem in your payments, then this wouldn't be used against you.

Thanks for your prompt response.

Shall I get an enumeration of "valid" reasons from them first? Kasi if not, they can use "any" reason they deem "valid", right?

You may ask them of course, but it doesn't mean they'll enumerate it for you.

The developer cannot get the unit back ASAP when it asks the homeowner. Due process must be followed. You may sign the document and if something like this (you're being asked to surrender the unit because of a reason that you think is not valid) happens, you have HLURB to go to. Just remember that if you don't pay the amortization, that's a pretty valid reason.

betchay001 wrote:The valid reason is usually non-payment of amortization. They're protecting their asset of course, but if there is no problem in your payments, then this wouldn't be used against you.

IF the developer isn't a scamer and to many are as we can see for instance in this section of this forum.

I would NOT sign such paragraph without it define at which FAIR reasons the developer can use it. It ISN'T fair if the developer can do it anytime he want...

We have HLURB and the courts, if things don't go well. Better than not having a contract. Life is too short to think that everyone is going to scam you. Besides, there ARE good developers as well as bad buyers too (and those who don't pay debts, as shown in this forum).

betchay001 wrote:We have HLURB and the courts, if things don't go well. Better than not having a contract. Life is too short to think that everyone is going to scam you. Besides, there ARE good developers as well as bad buyers too (and those who don't pay debts, as shown in this forum).

Yes, but good developers probably don't make unfair contracts

IF signing an unfair contract, it's biger risk to LOSE based on such paragraph, than if not signing such paragraph.
Courts take much time and money, and even if wiinning, it isn't sure there are any assets to find to get pay from, and some scammers hide...

Thanks betchay001 and Lunkan.

I agree with Lunkan regarding unfair contracts. I have created contracts myself and I see to it that both parties know ALL the items that consist a set. All-encompassing phrases such as the one used in the waiver is a safety net that selfish individuals/corporations usually use.

Anyway, betchay001 is correct in pointing out the existence of HLURB. The next question is: is that board capable of siding with individuals like us, instead of big corporations out there? Do we stand a chance against them?

The rule of law always prevails. It is not who the HLURB is taking side, but rather to whose side the law favors.

technified_ex wrote:The rule of law always prevails. It is not who the HLURB is taking side, but rather to whose side the law favors.

Agree. I phrased my question incorrectly.

By the way, could someone cite a case where an individual won over a big corporation? Just want to read the documents.

zeitcheist wrote: Anyway, betchay001 is correct in pointing out the existence of HLURB. The next question is: is that board capable of siding with individuals like us, instead of big corporations out there? Do we stand a chance against them?

Well. Sure that's a problem. Some better chance if a GROUP of "small" people become a big group together

"The rule of law always prevails. It is not who the HLURB is taking side, but rather to whose side the law favors."
Well. Yes in the best of worlds,
but haven't you heared of bribed judges?

I know of some very unfair court decisions...
(I don't know about HLURB decisions.)

--
Anyway: Some big scamers get away with it by unfair judgements,
some other scamers just run away with the money.
I know only of one case where the "scamer" have tried hard to pay BACK to try to avoid losing in estafa. (Mango investment case, In that case it PERHAPS wasn't ment to be a scam, PERHAPS it was just incompetense. Perhaps they MENT to do corect, but didn't thought of one big cost for them long turm, so it was impossible for the "scamer" to fullfil that part they can have missed to think of when they made the calculations and contract. )
And many of them with scamer mentality spend much more money than they can afford, so it's big risk there are no money left to get pay from if winning a case.
So it's very hard to get money back from scamers. Some less hard from them who aren't scamers, but often hard then too, because of many cases depend of incomepetence among the "profesionals" and incompetent people can have harder to earn money

That's the down side of our system in the phil. but you can always appeal your case. Have them pay every court every time you appeal up to the supreme court. Let see how bottomless are their pockets. ^_^

technified_ex wrote:That's the down side of our system in the phil. but you can always appeal your case. Have them pay every court every time you appeal up to the supreme court. Let see how bottomless are their pockets. ^_^

In my home country
/no case type cost anything to the court to file
/Many criminal case types police and the justice system handle themselves WITHOUT the victim need to pay or do anything more than be vitness.
/some types have no risk to need to pay lawyer cost for opponents if losing
/in some types of cases you get lawyer assistance for FREE.
/possible to handle many types of cases yourSELF by just writing your oppinion and claims.
/The judgements are fair almost allways.
I have even WONN rather many cases against the GOVERNMENT

Different from Phils...