Property Refund! Please advice me of what legal actions to do!

Good day po!

I am writing regarding the property in a subdivision which I purchased here in Lipa City. At first, the contract was House and Lot. I paid the reservation and downpayment in full amount and the balance to be paid in 18 months. During the said period, I had been affected by recession. I contacted my agent to help me withdraw the property. Conversations here and there. They said that if I decided to refund, I will not refund all the money that I have been paid. And at that time, the management also advise me that instead of withdrawing the property, I can downgrade the purchased property from HOUSE & LOT to LOT ONLY CONTRACT. Both parties agreed. Not until I found out when I visited my purchased lot, to my surprise, I saw a house being constructed.. As in almost constructed. I went to the office and the personnel whom I am contacting during downgrade process told me that they have mislooked the property; that is why the construction has been made.

First of all, in case I have not downgraded the property, they should have waited of what plans I have. Do I agree to start construction? Do I have the go signal for them to start construction?

Second, now that I have downgraded the said property, and the construction has been made, now they are encouraging me to continue the payment in the OLD PRICE.
I said, that is not my fault since YOU have mislooked the plan that is why they built the house. and why should I pay! By the way, I am fully paid already for the said LOT ONLY. They are also offering me another lot but with bigger size, but the difference; still I have to pay.I already told them that I have make up my mind to ask for full refund.

My point is, that is not my fault. I already asked for legal help and send them back out letter and refund since February 2011. They did not acknowledge receipt nor respond to the letter. I always call for follow up. They have not contacted me since then. If I will not call, i will not know the status of my complaint.

They will say that the person whom I address the letter to was already resigned. And the person whom I am contacting in Lipa City already resigned. They will also say that it is already in their Legal Department. and the last was their legal atty. who was handling it, returned the documents to the supervisor and the Atty. needs the history of the claim.

For me, I have been waiting for so long and they are not keeping in touch with me.

I already asked help form the HLURB and they gave me instructions to file a case against the developer.

My question is; meron po ba akong laban dito? can I also ask for damages?

Hope you can help me!

Thanking you;
Property Owner

hlurb can award damages aside from the refund

Hello, similar kami ng case ni Mr. Mentor, i need also advise what's the best thing to do regarding sa house n lot na nabili din namin ng husband ko sa isang subdivision. We paid almost 2 years or more than, tapos na delay and sweldo ni mister at hindi kami nkapag hulog ng monthly and we informed naman ung agent sabi nya sya daw bahala kakausap. Nagtiwala naman kami then nung umuwi kami nalaman na lang namin na binenta na pala ung subdivision na un sa isang bank at na foreclosed na ung binabayaran namin at wala ng chance na mahabol pa. I emailed HLURB pero wala silang reply kaya pinabayaan na lang namin. Masakit mang isipin dun napunta lahat ng sweldo namin, gusto ko sanang humingi ng advise kung ma i refund namin kahit half lang nung binayad namin, im willing to go home at aasikasuhin ko ito kaya lang sa nababasa ko mabagal umaksyon ang hlurb sa mga ganitong case. By the way im an OFW sinasabing bayani ng gobyerno natin pero nung humingi ako ng tulong wala akong napala. Thanks and God Bless.

you have to file a complaint at hlurb. it's like a court case. you'll have to prove your entitlement to a refund through position papers.