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Wrong property

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1 Wrong property on Fri Aug 26, 2016 3:40 am


Arresto Menor
We bought a property which is payable for 5 years. We have already paid 2 years with a total of P1,250,000 using checks. However, we discovered that the property was not the same property the owner showed us and the on the documents. The owner were also surprised to know that the property they thought they own was wrong after about 10 years of buying it.

The owner said they are going return the amount that we have already paid but they failed to do so after giving them a deadline twice.

The owner doesn't want to sign on a written agreement on how they can settle the payment, but keep on promising that they will pay their obligations.

We currently leave abroad, and we leave in Metro Manila when we are in the ph. The property is in Palawan and the owner leaves in Dumaguete.

My questions:

1.) Can we sue them? If yes, where can we file a case?

2.) The owner gave us an option to pay us back with their other real estate property. We prefer to get our money back as the properties they offered doesn't interest us. How can we have them pay even?

3.) If they fail to pay, can we force them to pay with any property that they own such as their house, car, business etc.?

Thank you and looking forward for a response.


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