Camella Pampanga

Hello po need po kmi legal advice OFW po kami, bumili po kmi sa Camella Pampang nung house and lot Elaisa Model, noong inoffer po sa amin sabi nila location po daw ng Camella Pampanga is Angeles City tapos humingi po sila ng malaking downpayment dahil po gusto namin ang location nagbayad kami pero after a year na pagbalik namin sa pilipinas sinabi po nila hindi daw Angeles City ang location kasi daw po Porac pampanga daw po. Pero meron po kmi hawak na flyers na galing sa kanila dati na nakasulat dun po location ay Angeles City.
Ano po kaya maganda gawin namin?
Mabuhay po kayo God Bless

Did you sign any form of contract with them that states the location of the house and lot that you paid for? At the very least, did they give you a receipt for the transaction you made with them?

Look for all the documents in your possession that proves your transaction with them since they can be used as evidence in court. Try to look if there are any terms and conditions there that states refunding conditions or anything that indicates the location of said house and lot.

thepoetsedge wrote:Try to look if there are any terms and conditions there that states refunding conditions or anything that indicates the location of said house and lot.

And look if THEY have BROKEN the contract, because that can be a refund reason.

Last year before we left for work abroad we paid the 20% deposit and all the receipt they have given us does not state the exact location. At the same time they require us to have a representative (which is my brother) to give him SPA to sign all other documents in our behalf. Unfortunately, some of the documents that my brother signed had already full exact location that detailed the property belong to Porac Pampanga instead of Angeles City which was supposedly and agreed in our first deal.

Jay Sarmiento wrote:Last year before we left for work abroad we paid the 20% deposit and all the receipt they have given us does not state  the exact location. At the same time they require us to have a representative (which is my brother) to give him SPA to sign all other documents in our behalf. Unfortunately, some of the documents that my brother signed had already full exact location that detailed the property belong to Porac Pampanga instead of Angeles City which was supposedly and agreed in our first deal.  

"deal" = signed contract?

Then they have BROKEN the first contract allready, which add chance to favour you,
BUT it's risk the contract signed by your brother will be seen as an agreement from your side to accept the new location.

If you cannot find any written agreement on your first deal with Camella, then we are going to have a tough case against them.

Firstly, your brother who signed the contracts with Camella that contained the exact location of Porac was acting as an agent in your behalf. He even has a SPA that authorizes him to execute contracts for you. In our Civil laws, duly authorized agents who acted without bad faith or malice in behalf of their principals (kayo yun) are generally assumed to be acting legally. Unless your brother can produce evidence na niloko sya or may nagmisrepresent sa kanya regarding the contracts he signed, the law assumes he acted in good faith.

If you plan on battling Camella in court, kelangan nyo munang kausapin ng maayos yung brother nyo para alamin yung details kung paano sya pinapirma ng contrata ng Camella. Gather more evidence, kausapin nyo rin yung mga ibang tao na nakakaalam sa deal na nangyari na una and yung dun din sa brother nyo.

I highly advise you to seek the services of a lawyer para mabigyan kayo ng magandang payo kung ano ba dapat ang gagawin nyo kung sakaling balak nyong i-challenge yung nangyari with Camella.

Is there any government agency that could help us homeowners to complain about all their authorized sales agent's lies?
tulad po ng mga sinasabi nilang mga amenities (basketball court, swimming pool, playground , beautiful park and etc) pero angga ngayon po wala silang na proprovide. Tsaka po lage nilang sinasabi the location po is in Angeles City pampanga which has a higher property value compare to its neighbor pero yung po actual location ay Porac Pampanga pala..
Niloko po kami lahat ng mg agents nila ., They all lied to us po

Jay Sarmiento wrote:Is there any government agency that could help us homeowners to complain about all their authorized sales agent's lies?
tulad po ng mga sinasabi nilang mga amenities (basketball court, swimming pool, playground , beautiful park and etc) pero angga ngayon po wala silang na proprovide. Tsaka po lage nilang sinasabi the location po is in Angeles City pampanga which has a higher property value compare to its neighbor pero yung po actual location ay Porac Pampanga pala..
Niloko po kami lahat ng mg agents nila ., They all lied to us po

I don't know if HLURB
=Housing and Land Use Regulatory Board
handle such, but they handle some house and land related.

Ok thank you po ., We might as well to try in HLURB to address our complaint.,

Sometimes it's better chance to complain TOGETHER with others with problems with same opponent, because that both split costs and add chance the opponent lose/give up and try to get an agreement outside court.
See the other topic in this forum. There you have one

FK YOU PO DI PO SYA GUMANA

SAYANG PERA NAMIN DAHIL SAYO!

Sir, this site offers FREE legal advice. It has a disclaimer - that "This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues." So sorry that you did not get the relief you sought - however, you definitely had other options other than this site.