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1 EARNEST MONEY AGREEMENT on Tue Jun 26, 2018 7:05 am


Arresto Menor
Meron kami previous buyer for our house & lot and gave earnest money last Sept 2017 & they applied for bank loan. After a few weeks they refund the part of the earnest money they gave & we complied but nag tira po sila ng certain amount because they are willing to buy the property. Their reason is umuwi ang husband/father & son from saudi due to health problem but insisted that the said persons will return to work by December of 2017. We prepared another earnest money agreement and the date is open (no due date for humanitarian purposes as agreed upon). The said agreement context that earnest money is form part of the selling price. But by January 2018 they again ask for the refund since the bank loan approved for them is not sufficient to buy the house.  They insisted to refund but we replied verbally that we will refund once the house will be sold for humanitarian purposes again this time. After a few weeks we received a barangay subpoena and demanded again the refund and they send legal demand letter of their attorney mentioning that they want to refund the money since "PINATAGO" lang daw nila sa amin ang pera. We replied through letter explaining all scenarios happened and we didnt know them  since the agents only brought them to us . it's been 10 months past and now they filed a STAFA case against me at prosecutor's office.  All we know they're DEFAULT since they did not buy the property and the house is still open for sale and we made more improvements. Is their case filed was covered by stafa which indicate in the subpoena which was already do harms in our reputation  and from the fiscal first prelim can the case be dismiss as non-merit?.  Their filed case is about me (respondent) which I am not the owner and I am only authorized by my son (with notarized authorization) to accept their earnest money and the buyer is their son which is of the right age and the parents are the one who filed the case against me. Kindly needs your reply asap since the subpoena schedule is within this week. I appreciate very much your kindest reply.

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2 Re: EARNEST MONEY AGREEMENT on Tue Jun 26, 2018 1:11 pm


Reclusion Perpetua
Hello po, do you have any contract with them? Any documentation that showed that the money they gave you was towards the purchase of your house? Did you issue a receipt when they gave you the money?

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