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How can we get our original contract enforced?

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1 How can we get our original contract enforced? on Thu Jan 07, 2016 10:47 am


Arresto Menor
My girl friend gave a neighbor 150,000 pesos w 1/2 years ago, under a notarized contract, which entitled her family(her mother, daughter and herself) to move into their 2nd floor apartment, rent-free and to return the 150,000 pesos at the end of the two years. During that time, the apartment experienced leaks which my GF mentioned to the landlady, due to the fact the apartment had no doors and windows. The landlady told my GF she would have a carpenter install the missing doors and windows for a loan of 50,000 pesos and would add that 50,000 pesos to the original 150,000 pesos, although no document was signed or notarized for the additional 50,000.
At this time, the landlady is stalling in returning the 200,000 pesos and has given no guarantee she will return the money.
I know my GF can go to "Small Claims Court for 100,000 pesos.
If she engages a lawyer for the 200,000 pesos, what are her chances of getting it all? How much would the attorney charge and would the charge be on a contingency fee basis? What would the contingency fee be? Is it worth it?

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Reclusion Perpetua
Best if you contact a lawyer.  He/she will have an acceptance fee (which is variable), as well as appearance fees (which is variable as well).  You have a good chance of getting the Php150K since it is well documented, but explain that the 50K additional was not.  Cannot say if it's worth it.

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Reclusion Perpetua
It is one thing WINNING the case (Good chance for 150k, problem with 50k)
it's an OTHER thing if you will get PAID...

Even if the property belong to that landlord, if it's titled, then I suppouse it's colateral for a big loan to someone ELSE, and that lender get the property before you. That landlord seem bad at handling things, so it's big risk she can't pay you Crying or Very sad
But a rather GOOD thing is you can go on living rent free - or even rent out the appartment* - as long as the property isn't reposessed or sold so an other than the landlord will own it...

*It's some UNCLEAR, it depend some of what the contract say and what the landlord is ALLOWED to sign if she isn't owner, but itt's common the lender (=you in this case) have "use right" as long as the loan isn't paid back.

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