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Co-owner's decision to transfer reservation to another property

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Jayde1961


Arresto Menor
It would greatly be appreciated to get any guidance on this.  We, meaning my sister, her spouse & I (I will call them the Smith's) decided to purchase a property in the Philippines (PHI).  Mr. Smith's nephew (I will call him Mr. P) assisted us, he is a real estate agent  doing business for the Property Sellers here in the U.S. This is a fairly new property development. We all signed a reservation agreement and Mr. Smith at the time made available the checks for the payment of reservation agreement from his account. I on the other hand agreed to make deposits directly into his U.S. account of which I have proof of this.  We had all signed an agreement that we are all co-owners, they 50% and myself 50%.  This was in July of 2016. In Dec of 2016 Mr. Smith experienced a life changing event which changed his employment status and allowed for him to retire. Unbeknownst to me in Oct 2017 The Smith's requested that Mr. P meet them in the Philippines to inquire instead on a ready-to-occupy property. Mrs. Smith called me while in the PHI to tell me that we all did not understand the process of purchasing a home and that the price has increased.  Let me clarify that when we all agreed to purchasing this property it would be used solely for vacation and upon retirement, this is why I agreed to the payment that I knew I was capable of while I am still employed in the U.S., I will not be at retirement age until 2028 God willing.  Upon the Smith's return from the PHI, they did not provide me with any information regarding the property.  I was given the cold shoulder.  Until such time in Feb this year they agreed to return payments to me via monthly payments to my bank account, they made two (2) very small payments.  Then they returned to the PHI this year again around Mar 2017. I tried to get them to sign a written agreement on the amount that I had applied to his account for payment of the said property, they refused telling me that there is a penalty for me backing out of the contract.  I was only as recent as this summer after I had contacted Mr. P told that they were wanting to move to a ready-to-occupy, they are making it as I was the one who had cancelled so that they can take a penalty from my portion of the money that they now owe to me.  I am having difficulty contacting the Property as I am in the U.S. I am being told that the property was transferred to another property of the seller. I am asking 1) Since the Smith's are able to make the transfer without my signature or knowledge- what are my rights if any? I have an attorney here in the U.S. but we are not familiar with PHI law- I am in the process of procuring the money that I had placed into Mr. Smith's account.  2) Should I continue to try and contact the Seller's if they are making transactions without me anyway? Or can I pursue to get back my money through the Smith's?

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