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Advise on a Sales of property.

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1 Advise on a Sales of property. on Fri Jun 15, 2018 6:11 pm

Aero13


Arresto Menor
May binenta kaming assume balance na property. This property has improvement. (Extension na kitchen). Balance was properly transferred by the developer to the new owner. New owner paid us a certain amount. (Para makabawi kami sa ginastos na improvement at mga nahulog na namin for almost 3 years).

Sale was made almost 2 years ago.

Problem: Nagpagawa na ng 3rd floor itong bagong may-ari. pero hindi niya parin natatapos. in short, na tengga. ang problem is every time na may problema ung extension ng bahay e kami tinatawagan lagi at kami ang pinapahanap dun sa previous contractor namin. They even threatened na ipa barangay kami dahil madami daw siyang naging problema sa bahay. Nakaka stress na binenta na nga namin pero every time may problema kami parin tinatakbuhan kahit na may modification na silang ginawa.

May legal rights ba sila or habol dito? confused confused

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2 Re: Advise on a Sales of property. on Sat Jun 16, 2018 11:25 am

attyLLL


moderator
the new owner has no recourse against you, but any third party can if the rights are still in your name


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3 Re: Advise on a Sales of property. on Sat Jun 16, 2018 11:41 am

Aero13


Arresto Menor
Thank you atty.

Yes na transfer na po yung balance sa kanila po with the help of the developer. Nagbayad kami sa developer for tranfer din kng title sa new owner.

Never namin natirhan ung bahay. Kung baga po e inimprove namin but decided to sell it in the end. Ngayin nag rereklamo sila na nagputukan daw unf nga saksakan,

Posibility na nagalaw din po ung mga eelctricaks habang pinapagawa na nila ung 2nd floor.

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4 Re: Advise on a Sales of property. on Sat Jun 16, 2018 11:57 am

attyLLL


moderator
tell them to complaint to the developer


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5 Re: Advise on a Sales of property. on Mon Jun 18, 2018 1:56 pm

betchay001


Reclusion Perpetua
Hello,

Generally, as long as the house is untouched, the developers' warranty is in force, subject to the length of time given by the developer, which is usually one year after turnover.  An additional construction/extension usually terminates the warranty because plumbing and electrical components are added, which the developer can no longer guarantee.

In my opinion, if anything was faulty, the new owners should have found fault with it when they moved in. You were liable for the repairs too at that time since you had your own modification already.

However they had their own construction as well, so who can say if their own contractor did some damage. Did they say what was the cause of the damage?

In order to hold you liable now, they must provide evidence that your contractor made some structural or other damage when the extension was made. Have their contractor (engineer preferred, not just any unlicensed person who knows how to make houses) provide a report and you can act on that.

In my opinion, your warranty ended when they commenced construction.

Should you be summoned to the baranggay for mediation, go. Ask them for proof of shoddy work by your contractor. If this is the first time you've heard of their complaints, say so.

It would be a different matter if the developer used substandard materials, but still it would have to be proved as well.

Good luck.

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