My boyfriend and I paid P7500 as our reservation fee for a corner unit (townhouse) that we wanted to buy. After paying, we got the OR of the reservation, and the real estate agency gave us a photocopy of our request for reservation. After that, we were told to wait for the CI of the home developer.
For days or weeks, I would ask the agent how our application was going. I remember we were told that most probably we will be paying for the DP the following month after our reservation. So when the month came, I asked again. The agent told us to wait because they received a message that they would have a CI first to know if we qualify. Every month, I would ask, they would only tell us to wait.
This month, I asked the marketing arm about our unit. She asked me the details and now she told me that we should have paid for the DP 30 days after we were reserved. I do not remember anything about that '30 days'. All I know is that we were told to wait because there would be a CI. I did not even know if our application in Pagibig was approved. We were asked to wait, and so we did. Now the marketing arm called the developer and told me that they already cancelled our reservation and so the house was already reopened to another buyer. We couldn't get our reservation fee of P7500 back because it was apparently forfeited because we didn't pay for the DP after 30 days. They were insisting that they told us to pay for the DP after 30 days, but we really did not know anything about it, I really don't remember any. If they did tell us, we never had any idea how to pay for the DP/equity, we never knew where to pay, and even how much we have to pay. NO IDEA AT ALL. We just knew about our unit because the one we got was only a reopened unit. But we did not know we got it already.
I asked our agent and she seemed to be surprised as well. She said they were not informed. She was insisting that I have to force them to get the house back because they did not notify us, the buyers, that the application was cancelled. If ever, she said, we will just pay for the DP/equity and for the penalty. She said she is willing to pay 50% of the penalty because of the mistakes that happened. She is also telling me to go to the developer and she will go with us to complain. She is asking me if we have a copy of a statement of account which we need to have to know how much we have to pay every month. I said we don't have it. The last document we received from their office is the Request for Reservation and the receipt of our reservation fee.
We weren't notified about the acceptance of our reservation, we weren't notified about when and how to pay, we weren't notified about the final amount of fees we have to pay, we weren't notified about the cancellation. The marketing arm told me that she called the developer about it, and she said that the cancellation letter was returned to them (return to sender). I don't buy it. There's always a way to send another, and there is always someone at home to receive the letter, if there was any. The thing is, I believe we have the right to receive any notice. Now we just want to get our money back. It's just P7500 but it's not small for small people like us.
What legal action can we take? Thank you very much.