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Old January 13th, 2012, 09:03 PM   #1
fujairah
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Turnover issues and other related problems with developers

Hello!


I bought a land in woodside garden, urdaneta, pangasinan. Fully paid after 2 years and all the registration of title and other fees in feb 4 2010. pero hanggang ngayon hindi pa nila binibigay yung property title kahit almost a year na kaming tumatawag at pumupunta sa office wala pa rin. They kept telling us next month daw ire-release ang title pero hanggang sabi lang.
Akala ko magandang company ang Sta. Lucia Realty pero akala lang pala di naman sila tumutupad sa usapan. It's frustating...

Can someone help me
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Old August 1st, 2012, 10:17 AM   #2
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Quote:
Originally Posted by fujairah View Post
Hello!


I bought a land in woodside garden, urdaneta, pangasinan. Fully paid after 2 years and all the registration of title and other fees in feb 4 2010. pero hanggang ngayon hindi pa nila binibigay yung property title kahit almost a year na kaming tumatawag at pumupunta sa office wala pa rin. They kept telling us next month daw ire-release ang title pero hanggang sabi lang.
Akala ko magandang company ang Sta. Lucia Realty pero akala lang pala di naman sila tumutupad sa usapan. It's frustating...

Can someone help me

hehehe... sana mababawasan frustration mo pag nalaman mong di ka nag iisa. nakabili ako sa cavite South Plains sa Cavite.nabayaran ko after 2years(3years sana pero minadali ko). hintay ako haft year bago ako siningil ng fees. after that sabi nila mga 6months nila aayusin. hangang ngayon di pa nalilipat yung title sa name ko. i call Sta lucia office sa ortigas every month pero laging sinasabi di pa ayos sa land registry... 1 n half year na pagkatapos ko mabayaran yung title fees nila.dati medyo inis na ako pero dahil wala pa naman ako balak sa lot, gusto ko lang makita yung titulo nakapangalan sa akin, nag calm down na ako pero in your case baka patatayuan mo na? inconvinient na talaga.
hoping malabas na yung title mo.
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Old August 8th, 2012, 05:12 AM   #3
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Baka sa Land Registry talaga ang may problema. Sino na ba nakasubok maglakad ng papeles sa Land Registry? Matagal ba?
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Old March 25th, 2013, 06:54 AM   #4
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Turnover issues and other related problems with developers

I've been looking at the other threads and some (like Trion's) have been very helpful in getting the unit buyers together to sort out issues.

At the same time, I'm learning now that it's becoming a common practice (or problem?) for developers to transfer ownership to their unit buyers some time after. In some cases, it takes about a year.

With this in mind, and with the permission of the Moderators, I hope that we can start this thread so that we can help each other by warning each other about unsound business practices and things to look out for.
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Old March 25th, 2013, 05:39 PM   #5
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Hi! Thanks for making this thread. How long does a turnover take? I've been waiting for three months already for robinsons!
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Old March 25th, 2013, 06:38 PM   #6
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Hi! Thanks for making this thread. How long does a turnover take? I've been waiting for three months already for robinsons!
They have different excuses. I think it's important to clear up what they really mean by "turnover." As far as I'm concerned, real "turnover" only happens when the developer actually transfers ownership to you. That's different from you merely taking possession of the unit.

I have a relative who bought a unit from Trion, and within a week, she was able to get the Deed of Absolute Sale.

In my case, my horrible experience with Eton is an ongoing saga. Per our Contract to Sell, they were supposed to turnover the unit last September 2011. There were delays because of that tragic accident. But even when the project was completed, they couldn't turnover the unit because they couldn't obtain the occupancy permit from Makati City Hall, or at least that was their excuse. After repeated postponements, they stopped sending us notices. They just stopped communicating with us. One time, I was already on my way to inspect my unit, as scheduled, only to find out that they'd cancelled it because they still weren't able to get the occupancy permit.

Some time in October or November 2012, they were finally(!!!) able to obtain the occupancy permit. But here's the catch, it was only in November 2012 that they confessed that there was a bigger problem... Their Joint Venture Agreement with PAL didn't push through because of their issues with BIR. And now, when I asked them when I can get my Deed of Absolute Sale, they can't even give me a straightforward answer. They said that it would be up to at least 18 months from the time that the mother titled is transferred to Eton. How long will it take before the mother title is transferred to Eton? They don't really know. In other words, 18 months+++.

To make matters worse, when I asked them to put into writing a definite date for the Deed of Absolute Sale, they sent me a letter asking that they be excused... Their reason? The accident! Just imagine, after all this time, they're still claiming that the reason for the delay was the accident that happened many years ago. What makes this ludicrous is the fact that the company's representatives have already told me that the real reason is the Joint Venture that fell through.

Now, they're pressuring me to "accept" my unit and waive whatever claims I may have against them.

It's so one-sided. Just imagine, if the roles were reversed, and I failed to make payment and told them, "oh, I'll just pay you when I'm able," they probably would've sued me immediately. In their case, they know that it's their obligation to execute the Deed of Absolute Sale, but all they've been offering are lies and excuses without any effort on their part to acknowledge their failures and to compensate me for the damage.

So, I say, be careful. I know, for example, that some unit owners have already accepted their units using Eton's "standard" form. What this means is that these buyers will start paying real property taxes, even if the unit is still legally under Eton's name. What this means is that there's no telling if Eton's mortgaged our units, since it's still in their name and Eton is still, legally, the "owner" of those units. Meanwhile, the buyers will be waiting in limbo while staying in those units only upon the "tolerance" of Eton.
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Old March 27th, 2013, 06:25 PM   #7
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Buyer will start paying the RPT for his unit ONLY when the CCT has been registered/transferred under his name.
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Old March 27th, 2013, 06:28 PM   #8
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Buyer will start paying the RPT for his unit ONLY when the CCT has been registered/transferred under his name.
Exactly. Unfortunately, Eton's "Acceptance Forms" are duping some of their buyers into assuming responsibility for the taxes and other charges. Eton's "Acceptance Form" would want buyers to assume responsibility for everything, even without transfer of ownership. It's preposterous and shameful. I worry for the other buyers who've actually "accepted" their units, under the one-sided terms and conditions of Eton.
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Old March 30th, 2013, 02:28 PM   #9
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Nice thread . .its good you start this kind of thread . .we need this for the sake of our hard earn money.
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Old April 1st, 2013, 03:06 AM   #10
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Nice thread . .its good you start this kind of thread . .we need this for the sake of our hard earn money.
That's true. It's actually our only protection against them, ie if they know that people are aware of what's happening. When a buyer complains or sues, the developer can choose to just treat it as an isolated incident and let the case drag on. But the moment that more people become aware of it, to the point that it puts their reputation at risk, that's when they start taking things seriously.

(I was told by Eton's Legal Department that some of their other buyers have opted to file cases at HLURB. I learned from a friend that there's also a pending case in an RTC in Pasig. Interestingly enough, despite these cases, Eton's still in a state of denial about coming up short. Worse, they're still not making things right. )
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Old April 2nd, 2013, 02:15 PM   #11
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As of now i really dont know the real meaning of Turn Over. . Before when the dev
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Old April 2nd, 2013, 02:38 PM   #12
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Sorry i touch the send. Anyway before when they say Turn Over meaning the building is finish and that will be the time to start your payment of the remaining balance of your TCP . But i am really really surprise even thou the building is only 1/4 of the construction and after paying your DP definitely on the Next month you have to start paying your TCP balance and opsss with a big ops with interest . .ofcourse inhouse financing you cant avail bank financing coz the building is yet finish. . Grabe . .pero nung bibili ka pa lang sa kanila ( Developer and the agent ) They will promise you na the building is ready after Dp turn over na ng unit. . Parang ewan?kac they will promise you the sun and the moon but after paying for years at tapos na Dp na bayaran wala na nga unit naku madadagn pang interest and syempre you cant back out kac sayang un Dp. .pa grabe ng pagrabe
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Old April 3rd, 2013, 03:57 PM   #13
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I think a "coalition of the willing" should knock on VP Binay's office and review this one sided strategy of the Developers. An amendment of the law should be pressed that Buyers can continue to pay installment without interest if the units are not yet handed over. Developers can only demand for full payment during turnover of the units.
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Old July 16th, 2013, 07:02 AM   #14
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I have 2 units for investment at Grass Residences in T3 and have just received letters for handover stating that if I do not inspect they will class it as automatic acceptance including auto condo membership enrolment. My intention was to go for resale, but with no documents I cannot proceed.

As far as I am aware they have no rights to insist on Automatic Acceptance of the unit and automatically joining the condo association unless the Deed of Sale and CCT are in place for handover, so if we proceed to inspect, but don't sign Acceptance is this OK?

I understand that the CCT may be delayed, and as far as I understand if I don't move in I don't have to pay condo fees until they can provide the documentation. How long do I have rights not to sign and Acceptance Form based on no CCT ? For information the units are fully paid for, so no issues from that side
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Old July 31st, 2013, 09:41 PM   #15
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Bakit kaya mga builders ay nakakalusot kahit late ang turn-over nila while you the buyer gets penalized when you are late with your payments? If our govt agency will just implement the law and charge them fines eh di sana madagdagan ang kaban ng bayan... My friend paid her lot in full last March, turn-over ceremonies, ect . per ngaun lang nya nakuha ang title after so many calls and trip to the office! Her house design was already been approved by the builder pero wala pang utilities sa area nya... Walang tubig at koryente sa block nya. Of course mayroon ng clubhouse at swimming pool pero yong block where my friend intend to build her house ay wala pang amenities! I am talking about Ayalaland , Venare at Nuvali! . 😤😤😤
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Old August 3rd, 2013, 08:46 AM   #16
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This is a much needed thread and one that I will read with interest.

Personally, being based in UK and awaiting the turnover of two units, I'm already rather frustrated. Initially turnover was due in 2012 but was delayed which I fully expected and had no real problems with.

However, it is the developer's lack of communication and, more so, inability to advise on turnover dates that I am finding annoying. In late May 2013, I received an email from the developer to advise that the units would be available for turnover in July.

Then, at start of July when I sought confirmation, they advised turnover would now be "around September" but could not yet, and still have to, confirm an actual date. I'm concerned, given I need to prepare in advance for trips to the Philippines (esp. regarding time off work) that the developer thinks I can, or will, just drop all my other responsibilities to accept turnover at a time that suits them.
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Old August 4th, 2013, 05:12 PM   #17
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Pardon my ignorance, are there any developers who are reliable in Manila?
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Old August 9th, 2013, 03:17 PM   #18
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Quote:
Originally Posted by Ulidia View Post
This is a much needed thread and one that I will read with interest.

Personally, being based in UK and awaiting the turnover of two units, I'm already rather frustrated. Initially turnover was due in 2012 but was delayed which I fully expected and had no real problems with.

However, it is the developer's lack of communication and, more so, inability to advise on turnover dates that I am finding annoying. In late May 2013, I received an email from the developer to advise that the units would be available for turnover in July.

Then, at start of July when I sought confirmation, they advised turnover would now be "around September" but could not yet, and still have to, confirm an actual date. I'm concerned, given I need to prepare in advance for trips to the Philippines (esp. regarding time off work) that the developer thinks I can, or will, just drop all my other responsibilities to accept turnover at a time that suits them.

Yeah .. I am in a similar position. The only way I could keep up to date was by checking here the status of the build and push to find out which floors have been released .. and try to work out their spped to release the floors. mind you. this only works for higher floor apartments.

Alot of developers keep saying in 3 months .. then after 3 months say the same. I only get more information when I turn up to their office in person and push them for info. But that is when I am there and can do that.

Not easy.
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Old August 9th, 2013, 03:21 PM   #19
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Pardon my ignorance, are there any developers who are reliable in Manila?
I guess it is a matter of degree in what and when they deliver. Some ae more puntual, some deliver more to their design and model units etc ..

E.g. I think Ayala deliver more on time - not sure how they are on design
Megaworld deliver late ( grace period used up plus a few months extra ) but usually as per design

I get the impression Century dont deliver as much to design .. but I could be wrong on that.

I guess it is trying to choose the least worst one ..
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Old August 12th, 2013, 07:53 AM   #20
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Quote:
Originally Posted by Ulidia View Post
This is a much needed thread and one that I will read with interest.

Personally, being based in UK and awaiting the turnover of two units, I'm already rather frustrated. Initially turnover was due in 2012 but was delayed which I fully expected and had no real problems with.

However, it is the developer's lack of communication and, more so, inability to advise on turnover dates that I am finding annoying. In late May 2013, I received an email from the developer to advise that the units would be available for turnover in July.

Then, at start of July when I sought confirmation, they advised turnover would now be "around September" but could not yet, and still have to, confirm an actual date. I'm concerned, given I need to prepare in advance for trips to the Philippines (esp. regarding time off work) that the developer thinks I can, or will, just drop all my other responsibilities to accept turnover at a time that suits them.
Usually there is always "grace periods" what they call them. The best thing to do is getting a "special power of attorney" for a relative based near to the unit you got, so when the turnover letter is sent, it will be less hassle. All of my clients abroad to that.
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