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OFFSETTING PROBLEM

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1 OFFSETTING PROBLEM on Mon Mar 14, 2011 3:48 pm

msvenzon


Arresto Menor
Good day Sir and Madam,

I'd like to inquire about the problem we have with regards to the house and lot we purchased last 2008 somewhere in San Fernando, Pampanga. The Seller was not able to meet the date of delivery for the house which is September 2009 so we took over the finishing of the house and hired a contractor. The Seller agreed that an offsetting will be made after the construction of the house is finished. Since we hired a contractor, we made necessary upgrade to the house and documented all that were to be paid by the Seller.

After the house was finished, we submitted necessary documents (receipts and letters) to the Seller so that computation of the offsetting be arranged and discussed. It is agreed upon that the labor to finish the house that was supposed to be included in the total amount of the house be deducted from our remaining balance instead. When the computation was given to us, there are discrepancies with the amount only to find out that they are charging us with services they didn't offer. They are charging us with additional work and installation that were not even installed in the house.

It has been almost a year that we demand a transparent computation from them so that everything will be settled and we can start paying our mortgage. Up to now, they cannot furnish us with the computation but demands that we pay P162,715.75 instead. Aside from the payment they demand, they did not completely deliver what was specified in the contract which is to provide us with Water Supply or Overhead Tank and perimeter fence as amenities to the subdivision.

I know this is just few of the details of the big story. But do you think that we have any rights to claim what is written and signed in the contract? We are more than willing to pay what we purchase, but to pay without knowing what they delivered is a big question.

Now, they sent us a letter from a law office demanding to pay the said amount within 3 days.

Your legal advice is very much appreciated.

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2 Re: OFFSETTING PROBLEM on Sat Mar 19, 2011 7:13 am

attyLLL


moderator
i recommend you make your own computation as to what you believe should be paid by you, and respond to that letter. argue that the developer also breached its obligations, but you are willing to settle.

water supply will be a problem for all the buyers. deal with the developer collectively.


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3 Re: OFFSETTING PROBLEM on Mon Mar 21, 2011 4:26 pm

msvenzon


Arresto Menor
Hi again! Thanks for the reply. We have responded to the demand letter accordingly and stating our side. Even before they have sent us this demand letter, we have been requesting a computation of the offsetting from the developer for several months. There has been discrepancies every time they send the computation and they would adjust the amount every time we point it out. Now that we are having problem, I don't know if we could still sell the house that brought so many problem to us. Again thanks for the response.

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4 Re: OFFSETTING PROBLEM on Wed Mar 23, 2011 7:17 pm

attyLLL


moderator
there should be no problem in selling the house, but the transfer of rights will require the consent of the developer. most charge a processing fee for this.


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5 Re: OFFSETTING PROBLEM Today at 10:00 am

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