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Preselling House Finished 1 Year Early and Forced to pay Balance

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rossconan21


Arresto Menor
Hi all,

As stated in the title, I purchased a preselling house last February 2016 and started paying my 24 month downpayment which is supposed to total 300k including the reservation fee. So far, i have paid close to 200k in all and supposed to finish paying this downpayment on february 2019. Last year, they asked me when I would like to move in and I specifically mentioned in my signed letter that I would move in on February 2019. The thing is, they finished the house a year earlier and have been bugging me to pay the remaining balance. This means i have to shell out 100k on top of the 60k bank fees for the housing loan of which i have already been preapproved. I do not have that money at the moment and I have already stated my planned move in date in a signed letter. February 2019 was meticulously planned because by then my fiance would have already taken the physician licensure exam and start working to help me with the payments and I also need to save for our wedding.

So the question i have is, is this legal? There is nothing in the contract which states that this is protocol although they did mention in speaking that if the house is finished early they could ask me to pay upfront so I could move in. That was it, with no further explanation. I also wondered why they would ask me to provide a letter stating my planned move in date if they werent planning to follow it anyway.

Thank you

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rossconan21


Arresto Menor
hi, anyone able to help?

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xtianjames


Reclusion Perpetua
keep in mind that verbal agreements are also binding.

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arnoldventura


Reclusion Perpetua
Contracts may be agreed upon verbally. https://www.alburovillanueva.com/contracts The agreement may even be implied by the actions of the parties (or lack of objection thereto), and such agreements may be enforced against each other. However, it is more difficult to prove the terms agreed upon if the parties have no written instrument that they can use as reference. Therefore, even if you did not object when you were informed verbally about the supposed protocol and need for upfront payment, the seller would find it hard to prove those terms, especially when you consider the fact you have an actual written contract but without those terms appearing therein.

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