Delayed turnover of condo unit

[dx8976]

got this from another board, but am also curious since I'm in a similar situation.

"I would like to inquire from your office as to what options
I have in this case where the developer has been delayed in
turning over the unit to us. Sometime in July 2007, the
developer had advised us that the house and lot we
purchased in Binan, Laguna was ready for turn over. Upon
our actual house inspection, we saw that there were a lot
of sub standard works that certainly do not comply with
what they have committed to deliver per the contract we
signed. As such, we asked for the necessary rectification
which they said they would October or November of last
year. To this date, we have not received any word from
them on the turn over of our unit. Meantime, our transfer
has been delayed and obviosuly expenses in renting an
apartment in Makati could have been saved if they were
prompt in the turn over and compliant with the standards
they have set.What are the necessary actions that I should
take regarding this matter? Can we have the option of
charging them for the period that they have failed to turn
over the unit? Or can we just demand from them to refund
to us our DP? If not, can we ask them to sell our unit and
not charge us with all the admin or processing fee? Would
really appreciate your help. Thank you."

[raine]

natapos ka na ba ng up to the last payment, kasi yug nakuha kong lupa payble in 5yrs dapat last year tapos na ako ng bayad pero pagdating sa last 2 payment hindi na tinanggap kasi pag tinanggap nila baka magdemand na ng title and turn over ng lupa, since hanggang ngayon under developement pa rin yung lugar kaya nakabitin pa rin yung 2 payments ko ayaw pang ipabayad.

[Gen1]

that's the risk of buying at the pre selling stage.

my serendra condo is delayed with what would look like 5-6 months. Had a walk through last week and with the amount of work i saw that will need to be done on my unit and the other units in the building, it'll take them a couple of months before we can start living there. It was 3 months delayed to begin with.

Ayala Land Premier na yan, malalim ang balon nila ng pera. ano pa kaya ang ibang developers.

[Chip]

so whats the legal recourse in situations like these? kawawa naman tayong mga consumer kung TY lang kasi pag late payments may penalties e

[tsupermario]

a case for specific performance with damages can be filed but you'll need to consult a lawyer.

[mark_t]

Dont you have insurance to cover that? Ito kasi problem sa mga malilit na builders wala ka protection if they can't deliver. Check mo muna kung me Surety Bond ka na nabayaran.

[wool]

can we have a list of developers to watch over in delaying turnovers. We get penalized if we delay our payments but how do we get even with they if they delay our expectations.

[mark_t]

can we have a list of developers to watch over in delaying turnovers. We get penalized if we delay our payments but how do we get even with they if they delay our expectations.

I will suggest that you ask for their accreditation with insurance companies before you engage their services. Kung hindi sila makakuha nito, wala kang mahahabol sa kanila as most likely they are a shell co.

[mark_t]

got this from another board, but am also curious since I'm in a similar situation.

Pa inspect mo rin sa municipal engineer baka d papasa sa building code.
kaagad agad dahil pag na turn over na sa iyo yan wala ka na, maghahabol ka sa wala.

[Horsepower]

Anong developer?