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DEVELOPER failed to provide house title

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1 DEVELOPER failed to provide house title on Tue Jul 15, 2014 5:39 pm

arealmanzter


Arresto Menor
Good day! I am still new here and I would like to ask for your expert advice. I bought a bare type house from a Developer which I paid SPOT CASH. I spent money to renovate/finish the house since it is just a bare type unit. Then after a few months they said that processing the Title would be very hard that's why they offered me to transfer to a new unit which has a clean title. They said it would take 3 to 6 months to process the title. I just accepted their offer to avoid any problems. But I knew there was really something wrong because they sold me a house which belongs to a previous buyer. Meaning to say it was a case of double sale. But I just let it passed. They refunded the money I spent for the renovation and started with renovation again of the new unit. Now it is almost a year since they said that I will have the title. They kept on telling me that the title is on process already but still I have not received a single document. All I am holding right now is the official receipt. Another thing, I am planning to request for a full refund and leave this subdivision because the developer really does not care whatever happens in this place. No street lights at all. Grasses just grow everywhere. Then they even have the guts to collect Homeowners Fee every month even people can't see any improvements here in the subdivision.

My question is, is it still possible to get a refund? Thanks a lot. Hope I can get some advice here.

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2 Re: DEVELOPER failed to provide house title on Wed Jul 16, 2014 8:53 pm

CPA-Lawyer


Arresto Menor
you may rescind the contract (can ask for refund) or demand specific performance. your homeowner's may be refunded. just write a letter to them asking for the liquidation of the homeowner's fee. if you have further problems, approach the nearest hlurb and address your complaint to that developer. by the way, where does this property located?

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3 Re: DEVELOPER failed to provide house title on Sat Jul 19, 2014 3:18 pm

arealmanzter


Arresto Menor
Sir the subdivision is located here in Trece Martires City, Cavite. What if they say that I have to wait again because the papers are already in process? Can I still ask for a refund even we stayed in this unit for almost a year already? I really want to have a full refund. Thanks a lot sir.

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4 Re; Problem with developer on Sat Jul 19, 2014 4:00 pm

aspsteve_12


Arresto Menor
Hi, same problem with our house in cavite rin. governor's hills subdivision. i can help you with these just contact me at aspsteve_12@yahoo.com

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5 Re: DEVELOPER failed to provide house title on Sat Jul 19, 2014 8:06 pm

arealmanzter


Arresto Menor
^

Hope you could help us sir. I added you on Yahoo Messenger. What happened toy our case? Were you able to get the refund or you just got the title?

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6 Re: DEVELOPER failed to provide house title on Sun Jul 20, 2014 8:58 pm

CPA-Lawyer


Arresto Menor
arealmanzter wrote:Sir the subdivision is located here in Trece Martires City, Cavite. What if they say that I have to wait again because the papers are already in process? Can I still ask for a refund even we stayed in this unit for almost a year already? I really want to have a full refund. Thanks a lot sir.

send them a final demand letter asking for the docs and give them a deadline. if they cant produce on the deadline, seek lawyers help. let the court ask the docs for you. if they cant produce, u may ask fro the refund of your money. either remedies, you are entitled to damages and lawyers fees.

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7 Re: DEVELOPER failed to provide house title on Mon Jul 21, 2014 9:27 am

arealmanzter


Arresto Menor
so it is not possible to demand for a refund right away? I mean what if I don't want to keep on dealing with them anymore? Because I think a whole year was enough since it was acquired through SPOT CASH payment.

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8 Re: DEVELOPER failed to provide house title on Mon Jul 21, 2014 10:16 am

CPA-Lawyer


Arresto Menor
unless it is state in the contract, you cannot just ask for rescission without legal basis. the law protects both parties. and it is only when shown that you are entitled, rescission (or refund) takes place.

if they are incooperative, i believe your recourse with the courts where the property is situated.

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9 Re: DEVELOPER failed to provide house title on Mon Jul 21, 2014 3:54 pm

arealmanzter


Arresto Menor
okay sir. I was told last time at HLURB that I need to file a complaint at their office first. But I am just worried that they might just notify the developer to process the tittle. What I want to happen is get a full refund. Anyway, I will just write them a letter. Thanks.

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