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Breach of Contract?

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1 Breach of Contract? on Thu Feb 21, 2013 4:43 pm

j_0235


Arresto Menor
Kailangan ko po ng legal advice. Bumili ako ng CONDO, nag-sign na kami ng CONTRACT TO SELL, nagbayad na kami ng 300k+ (7 months worth) pero sabi nila i-cacancel na raw ang project dahil toxic yung lupang tatayuan nila ng CONDO. Sabi nila irerefund daw nila yung pera + interest.

Pwede ba silang makasuhan ng Breach of Contract?

Ito yung isa sa mga clause dun sa contract.

"5. The Construction Schedule
5.1 The Developer/Seller shall endeavor to deliver the Unit on or before the period/date specified in the Contract to Sell. In the event that completion is delayed due to fire, earthquake or other natural elements, act of God, war, civil disturbance, government controls and unfavorable economic situations or climate, or any other cause beyond the Developer/Seller's control or due to the difficulty in obtaining the necessary labor, material or the necessary permits from the various government agencies for the Unit or Project or to any other cause which makes the completion of the Project within the period herein specified impossible or not attainable, then the Developer/Seller may consider itself relieved of any obligation under Contract to Sell and this Supplement, and it shall reimburse the PURCHASER, without interest, all amounts heretofore received from the latter, provided that, should and such amount received by the Developer/Seller have been released to it by the lending bank or financial institution stated in Section 3.1.2.2, such corresponding amount shall be refunded by the DEVELOPER/SELLER to the bank or financial institution concerned. In any event, the Unit (or any part thereof) and its appurtenant parking slot(s), if any, shall remain the property of the Developer/Seller."

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2 Re: Breach of Contract? on Thu Feb 28, 2013 11:01 pm

tsi ming choi


Reclusion Perpetua
Wag mo na kasuhan ng breach of contract, talo ka lang.

Alam mo, mas mainam na kunin mo na lang yung offer nila na ibalik yung pera mo + Interest because of this reason:

j_0235 wrote:

"5. The Construction Schedule
5.1 The Developer/Seller shall endeavor to deliver the Unit on or before the period/date specified in the Contract to Sell. In the event that completion is delayed due to fire, earthquake or other natural elements, act of God, war, civil disturbance, government controls and unfavorable economic situations or climate, or any other cause beyond the Developer/Seller's control or due to the difficulty in obtaining the necessary labor, material or the necessary permits from the various government agencies for the Unit or Project or to any other cause which makes the completion of the Project within the period herein specified impossible or not attainable, then the Developer/Seller may consider itself relieved of any obligation under Contract to Sell and this Supplement, and it shall reimburse the PURCHASER, without interest, all amounts heretofore received from the latter, provided that, should and such amount received by the Developer/Seller have been released to it by the lending bank or financial institution stated in Section 3.1.2.2, such corresponding amount shall be refunded by the DEVELOPER/SELLER to the bank or financial institution concerned. In any event, the Unit (or any part thereof) and its appurtenant parking slot(s), if any, shall remain the property of the Developer/Seller."

Now, if you insist to file a case then consequently you won. The judgment therein will definitely in accordance with the terms and conditions of your contract, right? so chances are:

You won the case but the developer will pay you or the amount you paid be refunded WITHOUT interest.

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3 Re: Breach of Contract? on Sat Mar 02, 2013 4:26 pm

j_0235


Arresto Menor
Pero alam na kasi ng Developer na may issue na toxic yung lupa bago nila ibenta samin. Parang within the Developer's control pa rin yun. So parang confident sila na kaya nila i-treat yung lupa. Talo pa rin kaya ako sa kaso?

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4 Re: Breach of Contract? on Mon Mar 04, 2013 2:12 pm

tsi ming choi


Reclusion Perpetua
In my opinion, failure to treat the land to be non-toxic despite of diligent effort by the developer is "a cause beyond the developer's control" so in effect there is no breach of contract here because beforehand, the terms clearly states that the developer HAVE the right to cancel the Contract based on the above mentioned reason.

SO, parang talo ka pa rin..BUT you may ask for a second or third opinion here, baka they have different legal views.

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5 Re: Breach of Contract? on Mon Mar 04, 2013 5:35 pm

rchrd


moderator
i go with tsi ming choi.the developer is generous enough to even offer interest despite the stipulation that they can return your money without interest.

it is better for you to take your money with interest.

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6 Re: Breach of Contract? on Tue Mar 05, 2013 1:57 pm

j_0235


Arresto Menor
Maraming salamat sa free legal advice Sir Tsi Ming Choi and Sir Rchrd! Smile
Kunin ko na nga lang ang refund ko with less than 10k interest hahaha!

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7 Re: Breach of Contract? Today at 2:58 pm

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