READ THE FINE PRINT AND THINK!!!

READ THE FINE PRINT AND THINK!!!

Caveat Emptor (Buyer Beware) - Never Trust, Always Verify

I have removed some content and the names and unit numbers to protect the innocent.  This is not the first time I have heard or read about such problems with various developers/builders.

Hire a lawyer before buying any property.  Buy Guide to Homeownership by Armando Ang.  Demand all paperwork you will be expected to have and have someone sign and acknowledge that you have all such information.  Demand copies of the Master Deed and By-Laws.  Keep all advertising you see and given to you by anyone from the developer/builder AND sales reps.

***MESSAGES SENT AND REPLIES BELOW***

Hi Sir,

 

... We bought 3 units from Century.

1. Gramercy - turnover last Feb 2013

2. Azure (...) - turnover (...) 2013

3. Azure (...) - turnover (...) 2013

 

We had a lot of problems before and after the turn over.

You can read my complaint at the Petition Website:

The lay out of Azure (...) was not delivered. The overall circulation of our unit has been ruined because of a big column in the middle of our dinning area, we were forced to pay huge Miscellaneous fees that are questionable, processing of our overpayment is taking too long. CPG staff said they will give the refund once the transfer of title is release which will take around 10 months to 1 year.

*** REPLY***

Dear (Buyers),

 

Greetings!

 

We regret that we cannot favorably accommodate your request on the renovation of your unit caused by the columns nor to transfer your to other unit.  We understand your concern, however the resolution and decision of the management is final.

 

With this, we would like to address your concerns which you have discussed with us and refer you to the pertinent section of your signed Contract To Sell (CTS), as follows:

 

Section 1 (d) – 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, 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.  The model unit as may be shown to the buyer does not represent the actual unit to be delivered to him, notwithstanding any representation on the contrary made by the sales agents.

 

Section 1 (f) - The DEVELOPER/SELLER reserves the right to alter, modify, revise, or amend the plans of the Project or the Unit, its fittings, furnishings or any part thereof, without the need of prior notice to the BUYER. This DEVELOPER/SELLER’s rights to alter, modify, or change the plans and use of the Project shall include decreases and/or increases in the number of floors or saleable units in the Project. It is also agreed that the architectural and floor plans of the Unit may be altered, modified, or revised by the DEVELOPER/SELLER without the BUYER’s written consent.

 

Once again, we apologize for the inconvenience this situation has brought you.  We understand your dilemma and we sympathize to your cause.   However, as a corporate entity we are constrained to conform to the provisions of the Contract to Sell.  Nevertheless, we liberally offered you a discount as an amicable resolution.     

 

We hope we have made our position clear on this matter.   Please let us know if you are amenable to the offer that we may proceed with the approval accordingly.

Thank you very much.

 

Sincerely,

 

(Developer/Builder rep)

 

***COMMENTS***

 

Re: Gramercy

 

We questioned the internet/cable/telephone and the staff said it is mandatory to pay it. As an owner, we were surprised that we don't have the right not to use PLDT? We are in (...) and no one is using the unit but I am paying the internet/tel/cable. Same with my (...) unit... No one is staying there but I paid the tel/internet.

__________________________________________________

 

re: (...)

 

When Century asked us to pay the turnover balance we immediately applied for a loan from PSbank.  But while processing the loan CPG asked us to pay the monthly amortization although the bank said the loan was approved.. We still paid 3 months amortization. So when the bank released our loan we had an overpayment of P(...)k. We asked for our overpayment but they said they will refund it upon the release of title which could take around 10 months - 1 year, not 6 months as what they are saying this is based from my Gramercy unit. Until now we don't have the title yet.

 

On (date), (Century rep) wrote:

Hi (Buyer),
As I have mentioned to you ma'am processing of refund will be on the time of the title transfer.
Again thank you for your help.

(Century rep)

 

***FURTHER COMMUNICATION***

 

Hi (petition site),

 

I forgot to tell you that we also had a problem regarding the turnover balance of the Azure (...) unit.

 

Based on the contract and the payment schedule we signed, our monthly amortization will be paid until Nov 2013 and the turnover balance is due on Dec 2013.

 

However, we received a letter of notice from Century last May, 2013 demanding us to settle the monthly amortization and turn over balance around (...) million on or before June 31, 2013.

 

Century said the unit was finished ahead of the schedule so the owner has to pay on or before June 31, 2013 otherwise we will pay a penalty of 3% of the total outstanding. 

 

We asked them about this matter and they quoted something from the CTS which we didn't see when we sign it as it is too small and so many pages...here it is.

 

In the CTS, Section 2 (d):

 

 

 

and Section 11(a):

 

My friends who also bought in Azure are having the same problem. 

 

I can say that the contract from Century is one sided.  We, the owners are not aware of what we signed.

 

I hope with your initiative you can help many owners who are facing dilemma with Century.

 

Thanks,

(Buyer)