1. Is it acceptable for the developers to refuse to issue official receipts for all the monthly payments for the townhouse unit that we have purchased? As of this writing they have issued an acknowledgement receipt for the reservation fee paid in 2012 and provisional receipts for 24 monthly payments made from 2013 to 2014. When we have demanded for the official receipt we were told that the official receipts would be issued upon full payment of the property.
2. Is it common practice for Developers to not indicate the date of delivery of the property that was purchased from them? Our contract does not indicate the date of turnover and when we have asked clarification from the developer they simply told us that our contract with them is “open dated”.
3. “Should the buyers fail to pay (2) cumulative monthly payments, this contract shall, by such mere fact of non-payment expire itself and become cancelled without demand therefore/and or necessity of judicial declaration to that effect, being hereby expressly waived and all sums of money paid under this contract shall be forfeited in favor of the developer as liquidated damages etc”. - Does the “Maceda Law” not apply in this case simply because this is what was written in the contract?
4. “In case of controversy in the interpretation of the plans and specifications or in the measurement of the House and Lot, the interpretation of the developer shall prevail” and “The developer reserves the right, before the construction of the project is completed to make any alterations and additions to or omissions from, the plans and specifications of the Project and/or the Deed of Restrictions and the buyer agrees and gives his consent thereto. It is agreed that such alterations, additions, or omissions, shall in no way affect or void this contract or make the developer accountable for any delay in the release of the certificate of title to the house and lot as a consequence thereof.” – How does this provision comply with Section 19 and/or 22 of P.D. 957?
Thank you in advance for your help!