Free Legal Advice Philippines

Disclaimer: 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.

Log in

I forgot my password




You are not connected. Please login or register

No License to Sell - Victoria Station 2

Go to page : Previous  1, 2, 3, 4, 5, 6, 7, 8  Next

View previous topic View next topic Go down  Message [Page 2 of 8]

26 Re: No License to Sell - Victoria Station 2 on Mon Aug 13, 2012 9:26 pm

paris23


Arresto Menor
Yup. We trying to settle this matter on the level of HLURB lang muna. yung mahinihon lang ba. I want a full refund. Including yung 10% reserve fee kung possible pa. even the commision of the agent na nag handle samin. Gaya nga ng sinabi nila, we bought in good faith. Now if they're gonna say we are not reading the effin contract, fine. Pero hindi included sa contract namin na wala sila license to sell bago pa kami makabili ng unit. so ang argument namin will be "we bought in good faith. Then malalaman namin na wala pala silang license to sell?? Uri ng panloloko yun di ba? Kung alam kong wala silang license to sell, hindi ako bibili sa kanila. may mali din kami kasi hindi kami nag tanong. pero it is also their responsibility to inform us that they don't have license to sell. kaso wala, so niloko nila kami.

View user profile

27 Re: No License to Sell - Victoria Station 2 on Mon Aug 13, 2012 11:47 pm

sarsy


Arresto Menor
@Paris23 -- so right now, you are just finishing your DP, and in parallel filed a complaint in HLURB. And also i assumed that you have ask already for a full refund in NSJBI office before the full refund right?

View user profile

28 Re: No License to Sell - Victoria Station 2 on Mon Aug 13, 2012 11:57 pm

paris23


Arresto Menor
well yeah nagpunta na ko sa walang kwentang opisina nsjbi na yan. and they keep on saying na protected sila ng Maceda Law. so I'm completing the 20% then go to HLURB for arbitration. Kung walang mangyari, mag ffile kami ng formal complaint.

View user profile

29 Re: No License to Sell - Victoria Station 2 on Tue Aug 14, 2012 8:24 am

condobuyer18


Arresto Menor
i don't know what happened when u asked for the refund pero sa case ko kase sabi saken ng agent ko is magwala at magtaray ako para masindak sila, which I did and wala pang 20 mins ay nakuha ko na ang mga pdc's ko. I am no longer willing to pay them my hard earned money tapos sasabihin lang nila sken na they are protected by the Maceda law. ANG KAKAPAL ng mukha nila, pera naten pero ginagamit nila ni wala tayong napakinabangan.

I suggest na dapat magfile na agad kayo ng complaint kc for sure idedeny din nila yun during arbitration. at least lumalakad na at nang makapagfile na din tayo ng formal complaint as a group after nung arbitration. they are just buying time para mapahaba nila ang proceso at nang magamit pa nila mga pera naten.

View user profile

30 Re: No License to Sell - Victoria Station 2 on Tue Aug 14, 2012 8:28 am

condobuyer18


Arresto Menor
paris23 wrote:Guys, let's meet up and discuss first on what to do before making any sugod. As per our case, HLURB told us to complete the 20%dp. fortunately matatapos na namin yung 20% by September. so 1 month na lang. then tsaka kami mag ffile ng case against them. actually arbitration muna sa HLURB between me & NSJBI. may nare-resolve naman daw sa level ng HLURB pa lang. Pero kung sakaling matalo sa arbitration, pede tayong mag file ng formal case against NSJBI. we ask help from Public Attorney's Office.

Sabi nga eh, "Together we stand, united we fall"

So let's all do this together and by the way guys i was able to get a copy of cease & deceased order of HLURB to NSJBI. stating that they don't have liscense to sell since May 2010 for Victoria Station II

When is your arbitration meeting? Mine kc is on August 30 at 1:30pm. U can join me if you want para u can see panu nila ako ides-credit.

View user profile

31 Re: No License to Sell - Victoria Station 2 on Tue Aug 14, 2012 2:37 pm

sarsy


Arresto Menor
condobuyer18. pede ba magjoin?

Sinu ba ang mas malakas na Law, ang walang license to Sell or Maceda Law?

View user profile

32 Re: No License to Sell - Victoria Station 2 on Tue Aug 14, 2012 4:09 pm

sarsy


Arresto Menor
i found this site --- it says here that No License to Sell or Certification of Registration does not automatically nullify the contract?

http://www.batasnatin.com/law-library/civil-law/sales/364-sales--pd-957-effect-of-absence-of-certificate-of-registration-or-license-to-sell-by-the-hlurb.html

"A review of the relevant provisions of P.D. 957 reveals that while the law penalizes the selling of subdivision lots and condominium units without prior issuance of a Certificate of Registration and License to Sell by the HLURB, it does not provide that the absence thereof will automatically render a contract, otherwise validly entered, void. The penalty imposed by the decree is the general penalty provided for the violation of any of its provisions. It is well-settled in this jurisdiction that the clear language of the law shall prevail. This principle particularly enjoins strict compliance with provisions of law which are penal in nature, or when a penalty is provided for the violation thereof. With regard to P.D. 957, nothing therein provides for the nullification of a contract to sell in the event that the seller, at the time the contract was entered into, did not possess a certificate of registration and license to sell. Absent any specific sanction pertaining to the violation of the questioned provisions (Secs. 4 and 5), the general penalties provided in the law shall be applied. The general penalties for the violation of any provisions in P.D. 957 are provided for in Sections 38 and 39. As can early be seen in the aforequoted provisions, the same do not include the nullification of contracts that are otherwise validly entered."

View user profile

33 Re: No License to Sell - Victoria Station 2 on Tue Aug 14, 2012 7:01 pm

paris23


Arresto Menor
Actually wala pa sked. ang sabi samin ng hlurb, right after namin mabayaran ang ang pang 24months namin, sked agad ng arbitration. sana sa level pa lang ng hlurb masolve na...

View user profile

34 Re: No License to Sell - Victoria Station 2 on Tue Aug 14, 2012 7:07 pm

paris23


Arresto Menor
CondoBuyer,

Good thing nakuha mo na mga checks mo. but what about the refund? anong sabi nila? Anong month at year mo binili yung condo unit mo sa VS2?

View user profile

35 Re: No License to Sell - Victoria Station 2 on Wed Aug 15, 2012 12:32 pm

condobuyer18


Arresto Menor
paris23 wrote:CondoBuyer,

Good thing nakuha mo na mga checks mo. but what about the refund? anong sabi nila? Anong month at year mo binili yung condo unit mo sa VS2?

They denied me the refund stating that we signed a waiver that we were informed na wala silang licenses. Last year kme nagstart mag monthly sa DP, naka 9 months na kme. You may add me sa fb, justicepinoy@ymail.com, andun yung copy nung waiver nila.

We just received a letter today from NSJBI stating na delinquent na yung account namen since we did not pay them starting July, ang kakapal ng mukha, we asked stop payment because they cannot deliver their units on time.

I will wait for the results of our conciliation meeting, pag hinde maganda results then file talaga ako formal complaint.

Yes u may join me on Aug30, just txt me kung pupunta kayo sa HLURB. Txt me

View user profile

36 Re: No License to Sell - Victoria Station 2 on Wed Aug 15, 2012 8:20 pm

arjaye


Arresto Menor
I will also keep you updated on the result of my case against them, may second conciliation pa kami sa sept.

View user profile

37 Re: No License to Sell - Victoria Station 2 on Wed Aug 15, 2012 8:29 pm

paris23


Arresto Menor
Grabe nakakainis. ang kakapal ng muka. nakakapikon.

Binigyan ba nila kayo ng copy ng waiver?

View user profile

38 Re: No License to Sell - Victoria Station 2 on Fri Aug 17, 2012 9:02 am

condobuyer18


Arresto Menor
paris23 wrote:Grabe nakakainis. ang kakapal ng muka. nakakapikon.

Binigyan ba nila kayo ng copy ng waiver?


last month lang ako nakakuha ng copy ng waiver. nakapost cya sa fb account ko. u can check it out. justicepinoy@ymail.com

View user profile

39 Re: No License to Sell - Victoria Station 2 on Mon Aug 27, 2012 10:25 pm

paris23


Arresto Menor
Hi Guys,

What are your status on NSJBI na? We can ask help from PAO's office if needed, free naman sya.

View user profile

40 Re: No License to Sell - Victoria Station 2 on Tue Aug 28, 2012 9:42 am

condobuyer18


Arresto Menor
paris23 wrote:Hi Guys,

What are your status on NSJBI na? We can ask help from PAO's office if needed, free naman sya.

VS2 Buyers,

Nalalapit na ang conciliation meeting ko with HLURB and NSJBI. This is on August 30 at 1:30pm. I am hoping for a positive result.

I will post feedback as soon as the meeting is over. =)

View user profile

41 Re: No License to Sell - Victoria Station 2 on Fri Aug 31, 2012 10:26 am

condobuyer18


Arresto Menor
The conciliation meeting with NSJBI yesterday was brief and straight to the point. The lawyer of NSJBI said that the reservation fee of p10k would be forfeited but said the monthly payments would be returned. However, the lawyer cannot guarantee the exact date they can return the money, so HLURB setup another meeting so that the lawyer can give the exact date of the refund. The meeting was scheduled on Oct2.

Another course of action is to file a formal complaint against NSJBI thru HLURB, the format for the formal complaint can be obtained from HLURB free of charge, however the filing fee is 1% of the amount that you are asking from NSJBI. This route i think would be best since the developer is obligated to return the funds 30 days from the decision of the arbitrator.

View user profile

42 Pajoin on Fri Sep 07, 2012 11:45 am

Frustratedmuch


Arresto Menor
Hi good morning!


Join po ako...

I am a unit owner but in NSJB different project... and I now have a pending case against them.

Nakita ko Lang tong site when I was researching about them...

Hope I can share some of my experience with NSJB

View user profile

43 New San Jose builders on Sat Sep 08, 2012 8:09 am

Frustratedmuch


Arresto Menor
Hi guys!
I have a pending case with New San Jose builders and I need your support. I understand your woes especially that now we are entrapped in their greed.


Well kahit makapagrefund kayo ng money for the deposits, they will compute and deduct ff fees... Agents commission, tax, atty, etc.... NASA contract to sell and maybe you will just get 20-30% of what you paid. . Just imagine Kung ilang unit owners yung kinunan nila ng pera.

I think that should qualify as a scam...


If you search further Sa Internet you can see several cases against Victoria towers or new San Jose builders

Like Nung pag foreclose ng Gsis Sa property ng San Jose builders na nabenta na nila Sa, so kawawa naman tlga yung owners.



New San Jose builders lost the case

( I was supposed to post links but d pa daw Pwede)

Maybe yan yung reason why they can't turnover on time.... So their solution get money from innocent investors


But guys, here's another bad news pa...
The owner of new San Jose builders / acuzar is brother in law of exec sec ochoa... Buddy buddy with the president. That's why malakas daw ang loob. New San Jose builders currently gets most of the housing projects from the Government. Cashing! Cashing!

Search about ( acuzar, Ochoa, Tess Ochoa and ka bayan noli de Castro)

Thats we need to choose our battle carefully, if media could help Sana.

So going back, even if you get your deposits, they will still gain from you... And you as the buyer is on the losing end.

Or if ever they will convince you to wait a little longer, and your unit will finally be constructed. Your new problem now arise, they have the most non perpendicular walls in which your architects will hate or they will force you to use their in house construction in which they will use substandard materials and over charged pa.

They also have no proper maintainance, most of the foreigners have case filed Sa brgy na pinasok yung units nila... Many of the residents in Victoria towers were victimized by burglars ( heck with their security).

During ondoy, the roof deck was flooded so nag leak yung water Sa stairs, lobby but Hindi naman Nila ni repair yung water damage ( you can check this on the net).

Super damot Sa parking! For condo buyers this will be a huge problem. They don't allow unit owners to park even they have 3 floors of parking, even sandali Lang....even just few minutes to drop your things ( utos daw ng management)

They don't pay their sales agent na naghirap magbenta ng units, even if nabayad na yung client it will take months and months of waiting.


Or they will take claim of your unit by default.Even with updated payment and cooperation. They usually use pre selling money, use it for construction then increase prices and then sell the already completed units to new buyers.This is what I heard even from their own agents. And sadly this is my case and many others in Victoria Towers.

this not a decent way to run a business.

Choosing to trust New San Jose Builders is one of my worst decisions in life, so why not save yourself while you still can.








paris23 wrote:Guys, let's meet up and discuss first on what to do before making any sugod. As per our case, HLURB told us to complete the 20%dp. fortunately matatapos na namin yung 20% by September. so 1 month na lang. then tsaka kami mag ffile ng case against them. actually arbitration muna sa HLURB between me & NSJBI. may nare-resolve naman daw sa level ng HLURB pa lang. Pero kung sakaling matalo sa arbitration, pede tayong mag file ng formal case against NSJBI. we ask help from Public Attorney's Office.

Sabi nga eh, "Together we stand, united we fall"

So let's all do this together and by the way guys i was able to get a copy of cease & deceased order of HLURB to NSJBI. stating that they don't have liscense to sell since May 2010 for Victoria Station II

View user profile

44 Re: No License to Sell - Victoria Station 2 on Sat Sep 08, 2012 10:21 pm

arjaye


Arresto Menor
my second conciliation went well, my full refund (excluding the reservation fee)was approved but the lawyer did'nt gave out exact amount and told me and the mediator to give them a month to process the check (since I'm refunding 300k from them). The lawyer also asked me if its ok to split the payment but I refused since I need to sign a quit claim paper after they've given out the check. Hopefully by mid or next month I'll be getting my check from them.

View user profile

45 Re: No License to Sell - Victoria Station 2 on Sun Sep 09, 2012 10:48 pm

condobuyer18


Arresto Menor
Hi Frustratedmuch,

Thank u for your courage in posting what u have learned about that greedy developer NSJBI. I would just to clarify some details. You said that you have a pending case against them, is this thru HLURB? What project did you buy?

Just tell me how I can help.

View user profile

46 Re: No License to Sell - Victoria Station 2 on Mon Sep 10, 2012 7:00 am

Frustratedmuch


Arresto Menor
they wer not able to have proper accounting of my payments and canceled my contract without any notification...i just found out when they just stopped accepting payment , i was able to correct the account , not recorded payments amounting to 60k but it took a long process, good thing I have receipts.. A nd sincethey wer not accepting payments... I accumulated penalties and interest... thenthey still closed my account. it's a long story...

I also have several known neighbors here na same case...Others just keep quiet cause they don't want the trouble na.

And also if you search, New San Jose builders has already a posted complaint on HLURB online .... It is posted that one client of new San Jose builders already paid in full for the unit, but still after a year of requesting for certificate title.... Wala na provide yung new San Jose builders...

Well I hope this discussion could bring out more VICTIMIZED clients of new San Jose builders.





Last edited by Frustratedmuch on Mon Sep 10, 2012 7:03 am; edited 1 time in total (Reason for editing : Typo)

View user profile

47 Re: No License to Sell - Victoria Station 2 on Mon Sep 10, 2012 7:14 am

Frustratedmuch


Arresto Menor
condobuyer18 wrote:Hi Frustratedmuch,

Thank u for your courage in posting what u have learned about that greedy developer NSJBI. I would just to clarify some details. You said that you have a pending case against them, is this thru HLURB? What project did you buy?

Just tell me how I can help.


Thanks! Offer for help is appreciated.

If my case was like yours, no license to sell or non completion of project, It would have been much easier and less expensive, but unfortunately it's not. My unit is already transferred to me and I'm already done with theconstruction and now such problem arise.

I just hope that you guys will stand firm in claiming your refunds and not let NSJB run away with your money.

View user profile

48 Re: No License to Sell - Victoria Station 2 on Tue Sep 11, 2012 11:33 am

condobuyer18


Arresto Menor
Frustratedmuch wrote:
condobuyer18 wrote:Hi Frustratedmuch,

Thank u for your courage in posting what u have learned about that greedy developer NSJBI. I would just to clarify some details. You said that you have a pending case against them, is this thru HLURB? What project did you buy?

Just tell me how I can help.


Thanks! Offer for help is appreciated.

If my case was like yours, no license to sell or non completion of project, It would have been much easier and less expensive, but unfortunately it's not. My unit is already transferred to me and I'm already done with theconstruction and now such problem arise.

I just hope that you guys will stand firm in claiming your refunds and not let NSJB run away with your money.


HI frustratedmuch,

Yes, I will not let this developer use MY Hard-earned money to scam other people. Thank you for letting us know your experience with them. Grabe, unit owner ka na pala but still meron pa rin problema.

I just hope na meron makapansin into. It seems like our story is too small for the media kaya hinde nila pinansin when I reported this to Imbestigator. Sabagay yung sa Globe Asiatique na condo in Mandaluyong hinde masyado nabigyan ng hype ng media eh mas malala pa ang problem nila, involved ang pag-ibig s mga ghost housing loans.

OTHER NSJBI buyers, beware!!!!

View user profile

49 Re: No License to Sell - Victoria Station 2 on Thu Sep 13, 2012 10:08 am

condobuyer18


Arresto Menor
[youtube][/youtube]

View user profile

50 Re: No License to Sell - Victoria Station 2 on Thu Sep 13, 2012 10:09 am

condobuyer18


Arresto Menor
this link was shared to me by another buyer of NSJBI. Very disappointing.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 2 of 8]

Go to page : Previous  1, 2, 3, 4, 5, 6, 7, 8  Next

Permissions in this forum:
You cannot reply to topics in this forum