Symposium needed on contract law: Or, surprise your condo may suck!
These two sections and in particular the first read in a previous post need a proper forum to discuss how such language developed. Experts in contract law in the Philippines along with lawyers from the US and Spain due to historical links as well as historians for pre-colonial times are needed to get a grasp on the legal practice as it developed and is expressed below.
Please read each very carefully gaining full impact before finally connecting for the sentence and paragraph as written.
Section 1 (d) has two emphatic statements as I read:
First, "The Unit herein purchased shall be delivered to the BUYER furnished strictly and expressly in accordance with the specifications indicated in the attached Annex “A” which shall be made an integral part hereof...";
and Second, "without prejudice to the right of the DEVELOPER/SELLER to alter, modify, revise or amend the specifications of the Unit and furnishings prior to the final delivery thereof a provided under Section 1(g) below."
So there seems be a some sort of logical rationale that I am missing. Why have the first part of the sentence given the second? I can only think given reason and sense that it is meant to create an initial impression upon the subconscious thereby causing cognitive dissonance. This dissonance must then be made rational to alleviate confusion. The second part of the sentence would then be interpreted as something unusual or rare not possessing a need to be concerned or to question or even cancel any purchase.
The Third sentence may and perhaps would have problems with the advertising laws. Please see this past post for rules governing advertisement: http://sohocentralcondominium.blogspot.com/2013/03/advertisements-did-you-save-any.html
Essentially what is being sold or has the potential of being delivered after a signature to a contract is made by the buyer is a surprise package. How many of you want to be surprised after spending several million pesos? Does it make anyone feel excited to be surprised with the anticipation of being or getting properly and thoroughly done by the unknown and in a manner one may not be accustomed?