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Turn over issues

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1 Turn over issues on Wed Jan 20, 2016 7:46 am

kisses_250


Arresto Menor
Hi i need legal advice regarding po sa turn over ng unit namin sa pinas ang hirap po kasi gumawa ng move at nasa ibang bansa kami. Naka schedule po yung turn over last sept. 10,2015. Nagkaroon po ng prublema at my incident dw nangyari two days before turn over. They neglect to inform us sa nangyari nalaman ko n lang mismo sa araw na yun. Galit ako sobra sa developer bakit wala man lang pasabi na di pala matutuloy ang turn over bumyahe pa from province yung representative namin pinadalhan ko ng pang gasolina at allowance para lang makarating sa schedule na bigay nila pero nagsayang lng ng oras at pagod mother-in-law ko. after that incident i receive email from turn over specialists apologizing and telling me they will re schedule the turn over when they receive reports from authorities. since until now they can't give me assurance when is the re schedule of turn over, at fed up n rin ako sa kaka promise nila na update nila ako about turn over balak ko ng wag ituloy yung condo. I paid the developer last june 2015 28% from almost four years na hulog ko sa kanila then bank financing for the remaining balance. Hindi ko na kasi kayang bayaran yung monthly amortization ko sa banko at sobrang laki akala ko kasi after i paid them in full mapaupahan ko na yung unit ng kahit papano makatulong sa utang sa banko i didn't see the problem coming. my makukuha kaya ako pag di ko na tinuloy yung condo kahit kalahati lang ok nko dun ang ayoko lang mag karoon pa ako ng sakit ng ulo in the future. Please help me po. Thank u

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2 Re: Turn over issues on Wed Jan 20, 2016 3:37 pm

betchay001


Prision Mayor
Hello po,

First, since you're abroad, execute a Special Power of Attorney to a relative who may be able to help you fix the papers. Have your relatirve go to the developer and ask for a refund of payments, cite reason. Chances are, your relative will not get it, but have the letter stamped "Received". What you want is documentation.

Next, He/she will have to go to HLURB on your behalf and file a written complaint against the developer for non-turn over of unit, and that you want a refund of payments. Your attorney-in-fact and the developer will meet at the HLURB with a lawyer-mediator. The lawyer will help your attorney-in-fact thresh out the issues, and if you are entitled to a refund, the most you can get is 50% of payments excluding penalties. If the unit is NOT built yet, or there is no structure, you CAN get 100% of payments, citing the reason above. If the building is built, and this is a change of mind, the most is 50%.

Good luck.

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3 Re: Turn over issues on Wed Jan 20, 2016 4:07 pm

kisses_250


Arresto Menor
Thank you so much for your help. If i proceed with the complaint is it ok now not to paid my monthly amortization for this month at Ano po mangyayari sa inutang sa banko.

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4 Re: Turn over issues on Wed Jan 20, 2016 10:22 pm

betchay001


Prision Mayor
No, it's not OK. Write the letter first before you stop payment, and have it acknowledged. You also need to get HLURB's letter too.

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5 Re: Turn over issues on Thu Jan 21, 2016 12:04 am

kisses_250


Arresto Menor
Ok salamat po. Additional question po kasi ang dahilan nila bakit postponed yung turn over dahil my sunog dw nangyari sa building pano kong alibi lang po nila yun para ma delay ang turn over ano po pwede kong isampang kaso sa kanila.

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6 Re: Turn over issues on Thu Jan 21, 2016 6:51 am

betchay001


Prision Mayor
Kaso agad? Litigation is expensive and time-consuming, that would be your last resort, NOT your first.

I suggest you write and then see what happens first.

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7 Re: Turn over issues on Thu Jan 21, 2016 5:42 pm

kisses_250


Arresto Menor
Ok po salamat.

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8 Re: Turn over issues Today at 4:17 pm

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