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I purchased a house through deferred payment (24 months) in June 2021, I was promised that the house construction would start when 50% payment was made, and after 70% payment, the house will be turned over. I paid 87% in April 2023, the house was not constructed yet. I live in California and came to accept the house. Unfortunately, it was still dirt. I had a chance to talk to the contractor in July 2023, who said, he could not complete the house construction because he was not paid. Despite multiple emails that were rarely replied to, I received an email informing me that the house was completed and they demanded I pay it in full and threatened with cancelation. According to the contract, I should continue paying monthly after the house is turned over.
Now, it is already 2024, and the house has not been turned over to me. The last email I got from them was on Oct 2023 when they insisted on paying in full in order. In this email, they not only threatened me again with canceling my account but even talked about fees I have incurred. They are the ones who did not follow the contract I was given now they want me to pay for something they failed to deliver in time. Additionally, I am losing money by not being able to own the house or rent the house.
The account officer does not seem to understand that they are not breaking their contract with their requirements and depriving me of the use of the house which I have paid properly.
Until now, I have not gotten a reply from the account officer. They never indicated a date of completion or date of turnover as if there was no plan except I pay them in full.
I even reached out on Facebook but no assistance was given.
I hope this time, somebody will understand my problem and will be kind to help. This company should not be in this business because it cannot deliver what they promised and they just want you to pay. People are complaining and they don't seem to be bothered.
Claimed loss: I am losing income because the house is not turned over after paying 87%. The expected house turnover was in June 2023. No date was given for the turnover.
Desired outcome: I need a date for the housing turnover, once I get the house, then I will resume my remaining 13% in 3 months.
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I received a reply from Camella penalizing me with the amount of PhP32,745.00 without any assurance of the house turnover. I demanded a copy of the deed of absolute sale but until now no reply from them.
According to Borja (2017), The good news is that the law protects subdivision and condominium buyers from a developer’s delay in turnover. A buyer needs to consult and gather the documents surrounding the sale of the property and other materials such as brochures and advertisements.
A buyer has two options:
1. One is to write the developer a letter seeking an official response as to when will the project be completed and turned over, and as to the date of completion approved by HLURB.
After due notice, the buyer may desist from further paying installments due to the failure of the developer to complete the project on time.
2. The second option is to directly file with the HLURB a case against the developer, seeking a complete refund of all payments made, with interest.
Reference:
Borja, K. (2017). What to do in case of delay in the turnover of your property. https://propertylawyerph.wordpress.com/2017/12/10/problems-common-to-subdivision-and-condominium-homeowners-and-developers/
Camella stupid company and respect the customer and ridiculous customer service