Condominium Purchase

Hello,

I was hoping you could help me decide whether or not I should make this a legal matter.

I purchased a condo unit from SMDC last year. This project is on the preselling stage and so the agreement was that by the time the unit is built, I have already fully paid it as well. After paying the reservation fee, the downpayment and the 1st monthly instalment, I have received an email from them saying that there has been a redesign of the building and the unit that I purchased has drastically changed (it has increased in size) and of course the price also changed. I told them that either they sell me the bigger unit at the same price or I'll back out (in my mind I'm quite certain that I'll get my full refund because the reservation agreement I have signed states that if the unit I am buying suddenly becomes unavailable I can't file a suit against them but I will be refunded all the amount I have dished out.)

So the refund started last year and I have received an email today (after 8months and after weekly follow up calls) that they will refund the amount, but the amount stated is 39K less. I know its not a huge amount but its the feeling that I'm being cheated to think that within 8 months my money should have earned interest and instead of that being the case I will receive less than what I gave them.

Do you think that I would have a good case if I'll take this into a lawsuit? Is it worthwhile to do that or should I just drop it?

i would say you are entitled to a full refund, but the remedy is to file complaint at the HLURB, and unless you are just after the satisfaction or you can't afford to lose the 39k, then the added aggravation will be a challenge. in the end the question is up to you.

Thanks for your reply. Actually at the moment, I'm just so irritated and want them to give me my money back in full just to be satisfied, because I really feel cheated.

So I was thinking that If I'll get the 39K back but will pay the 39K out for legal fees then I'll be fine with that, but if I'll spend over 39K then I might think twice.

Don't we have any laws against this sort of issue here in the philippines? Clearly, it's a breach of contract on the part of the company. Then, you are entitled to a full refund.

What I think about this issue is, it's their modus of operandi,once they sucked you in, they changed their terms and ask you for a bigger amount. Any reputable company wouldn't do that. If they cock up, any reputable company would give you a FULL refund. What does our consumer act say to this? Or do we even have any consumer act in the philippines?(sorry for my ignorance)

But it's a dilemma, isn't it. If you pursue this issue, it'll probably cost you more than 39K in legal expenses. And if you bow down to them, that's it, 39K of your hard-earned money down the drain.

Last thing, why would they include the term, "you can't sue them in case this project will go pear shaped" ? Maybe, they don't want any investors to know that they have an oustanding complaints against them in court.

Goodluck to those people or OFWs who are interested on buying Condos. Do your own diligence. Only my opinion though.

nathan, you can get help from a lawyer to draft your complaint and face the case yourself.