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Can a buyer have a right for FULL REFUND if the developer not delivers the house?

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jhons.gutierrez


Arresto Menor
It’s been two (2) years and five (5) months since I entered contract with PATHLAND Development Corp wherein I bought a house and lot located at MORONG RIZAL. The agent as well their staff informed me that after DOWNPAYMENT had been made house construction will follow. Unfortunately nothing happens until now. Consistent follow ups had been made thru telephone calls, emails, faxed letters in which their staff had acknowledged. Several promises or I should say false promises and alibis had been made for the scheduled construction then still nothing happens. I demanded for a cash refund months ago and as they always said “it had to be discussed with the management” does it have to come up until another year/s of waiting for my cash to refunded?

The total amount of payments I had made with them is Php129,852 (One Hundred Twenty Nine Thousand Eight Hundred Fifty Two Pesos only) representing all my payments made from November of 2010 and ended up August 2012 as RESERVATION FEE, DOWN PAYMENT and PROCESSING FEE.

Can I have the right for a full refund? or not? I had filed complain at HLURB we had done two (2) CONCILIATION CONFERENCE in which nothing happens the representative plotted a P32K refund only or another option is they will again schedule the construction on which I didn't agree about.

Please enlighten me of my rights... Thank you in advance.

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homem


Arresto Mayor
Yes, a buyer has a right to reimburse all his payment made when a developer failed to develop the project on the agreed time, the HLURB knows it. But, be sure you have all the evidences or written documents where the developer stated the specific schedule of turn over or the completion of the project.










---> I am not a lawyer but a civil engr and a real estate practitioner

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jhons.gutierrez


Arresto Menor
Thank you for enlightening me. How if the developer opt to give me my full refund? The representative insisted that they can only return me a portion of it for the reason that they had given a commission to the agent? But upon checking to my agent she only received a portion of it more or less 40-50% only. What will I do to the developer?

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homem


Arresto Mayor
jhons.gutierrez wrote:Thank you for enlightening me. How if the developer opt to give me my full refund? The representative insisted that they can only return me a portion of it for the reason that they had given a commission to the agent? But upon checking to my agent she only received a portion of it more or less 40-50% only. What will I do to the developer?

File your complaint to HLURB and insist your right, the law says, the buyer can reimburse the total amount paid including amortization interests but not delinquency interests. As I said, gather relivant evidences or any documents to support your claim that the developer failed to construct or complete the said project on agreed schedule. Good luck.

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jhons.gutierrez


Arresto Menor
Hi I already did and we actually had our two (2) CONCILIATION CONFERENCE last March and as I said UNFORTUNATELY the representative plotted to me a certain amount which is more or less 20% of my payment on which he said "HANGGANG DYAN LANG DAW ANG IREREFUND" binawas po nila yung commission daw ng agent kasi nabigay na daw nila yun I still do have communication with my agent sabi nya "hindi pa full ang bnibigay na commission claim half pa lang at half will be given upon move in of buyer." Do you idea as to how many month/s does it take to have a final decision if I file this formally in court? Malakas po ba laban ko sa developer? I actually don't want to trust them anymore baka umasa na naman ako sa wala i really want my money back.

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homem


Arresto Mayor
Well, anyone can make a bluff and one must know that developers are businessmen and not there for charity works. Of course, they will not agree on 100% refund instantly, not for now. I do not know who are those people from HLURB you were with during the conference you've mentioned. If they are lawyers, they know better the PD 957. File again a complaint to HLURB with your demand. Get their written response and developer's answer as your reference and can be used against them for your next move. Yes, malakas ang laban mo kung mapapatunayan mo na talagang hindi nila natupad ang nakasaad sa usapan na kailan nila dapat matapos ang project.

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gilbertb


Arresto Menor
I have exactly same issue sa cavite naman lancaster under pro friends last 2011 nag mag decide akong bumili ng bahay sa kanila hoping na pag natapos ko nang bayaran ang down payment mate turn over sakin ang bahay unfortunately to date 10.82 palang ang nagagawa sa bahay pero ayaw ko ng mag hintay kaya this afternoon pupubta ako sa office nila to demand a full refund + interest total na binayaran ko sa kanila eh 320k na galing sa pawis at dufo ko bilang OFW last aug ng umuwi ako sa pinas at pumunta sa opisina tinanobg ko ang isa sa kanilang empleyado kung ano ang procedure para kunin ko na lang ang lahat ng binayad ko sa kanila na aking kinagulat na deretso nya akong sinagot na wala akong makukuhang refund kahit na mag kano at muli akong pina ngakuan na ngayon dec ay tapos na ang bahay ngutin ngayon na naman ang sabi sakin eh may na lng daw uli... i popost ko dito Kung ano ang mangyayari sa pagpunta ko mamaya sa ka ilang opisina inaasahan ko na nalahat gagawin oh sasabihin nila sakinpara hindi nila maibalik ang DP ko aa kanila ang hirap lng kz sa ibang bansa ako nag hahanbuhay kaya limitado ang panahon ko. Kaya hindi ko rin alam kung ano pa ang pdeng kong gawin...

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