Q.We bought a condo in Recto last 2014, however since we were overseas based, they were only able to provide us with a receipt with unit number. They did not not bother na mag provide ng any contract and we paid in full P6.5m.
They promised na tapos na ang condo in 2016. However its already 2018 and hukay pa din dahil may issues daw sa contractor. Are we eligible of full refund? They keep extending yung date ng deadline na matatapos yung condo na 2020 which is sketchy. Kasi hukay pa din siya and duda na kami sa quality if rush siya gagawin. Thanks. FCB
ANS: Hello there, you claimed that you already paid in full(P6.5m) and yet have not signed any contract with the developer about the said transaction . I find your dealings with the developer highly irregular and absurd, to say the least. In any sales transaction, the golden rule is “Caveat Emptor”.. Buyers’ beware.
Anyway, if you have not done your due diligence yet, in ascertaining the legitimacy of the condominium project, do it now. First check with the Housing Land Use and Regulatory Board(HLURB) whether the Condominium project is duly registered and a license was issued by HLURB to the developer approving the sale of the condo units in the market.
Since you claimed that no contract or agreement was ever signed by you, check all your communication(email, text messages, letters, internet website of the developer about the project, brochures, pictures, perspective, promises, representations made by the developer or its agent(s) that you dealt with, etc.). Collate all these materials including your receipts showing your installment and full payments of the condo units and the complete descriptions of the condo premises that you have purchased.
If the developer is duly registered and it failed to deliver its promises and commitment as represented in their brochures, selling/marketing materials(as you claimed that you don’t have any contract signed with them) you may file a complaint with the HLURB for refund(in whole or in part) of what you have paid for their failure to deliver and complete the project as promised and represented earlier.
However, if the developer is not registered and has no license to engage in development and sale of the Condo, thereby you were duped and deceived by the developer and its officers, agent, brokers, into such fraudulent transactions, you may file a Criminal Complaint for ESTAFA under the Revised Penal Code of the Philippines against the responsible parties, plus civil damages thereof,(moral, compensatory, exemplary damages), including attorney’s fees under the law .
Looking forward you’ll find the above in order as the “Batas Pinoy Global Community”(BPGC), welcomes you in this program.
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