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Any lawyers here who can help me out. I currently took a condotel with Major Homes last 2014, hence I am holding a Contract to sell from Major Homes dated May 2014. In the said contract, turnover of the unit is December 2016, but eventually they had a delay on the construction so turnover was not set until December 2017. I have finished paying the required 20% downpayment to have the unit turnover but since it isn't ready yet, I was asking for a refund of all the amounts that I paid. But they informed me, that regund was not possible since they dont process any refund at all. But the thing is, with the contract that I'm holding, it states that turnover is due on December 2016 and if there was a delay on the turnover, due to acts of nature or act of God, they should have informed me in writting about the delay. And if I wasn't agreeable to the said delay, they should reimburse me my payment without interest less all the agent charges.
But apparently, the contract I have been holding was just with me since May 2014 and the agent never picked it up in my place i. manila, since I am working overseas. And Major Homes is claiming that their recent contracts don't have that provision and mostly all other persons who took the same condotel as me were informed of the delay in construction and I wasn't. And they cannot accuse me of not providing any contact details as they can remind me of late payments. But they cannot provide a notice of delay turnover of 2 years.
But apparently, the contract I have been holding was just with me since May 2014 and the agent never picked it up in my place i. manila, since I am working overseas. And Major Homes is claiming that their recent contracts don't have that provision and mostly all other persons who took the same condotel as me were informed of the delay in construction and I wasn't. And they cannot accuse me of not providing any contact details as they can remind me of late payments. But they cannot provide a notice of delay turnover of 2 years.
