Defaulting payments, Condo unit could not continue amortization monthly payments, financial difficulties, cancel installment payment

Julito Paule
is in Malaysia

May condo unit po ako na binabayaran. Dahil sa kagipitan diko na kaya masunod ang monthly payment ko kaya nagrequest ako na magdowngrade ng murang lote. Pero di ako pinayagan dahil wala pa daw sa right nila na makakapagdowngrade ako. 150 thousand na po nagbayad ko. Ano po dapat kong gawin?? Salamat


Tranlation: I am paying for a condominium unit, but because of some financial difficulties, I could not continue with the monthly payments. So I requested for the condo unit/ lot to be downgraded. But the request was rejected and they told me that they do not have the right to downgrade it. I've already paid one hundred fifty thousand pesos. What should I do?


 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Well, there is a law that protects people who buy on instalments. You must have at least paid two years’ worth of instalments for you to be protected by law. If you have already paid at least two years, you can ask either for a return of what you have paid, or for different terms – but the company cannot deprive you of the condo unit anymore—how you can make payments is all that is left to be discussed – you can ask for a restructuring of the payment scheme for the unpaid portion. Or, you can ask for a rescission of the contract and ask for the payments back.
You will need a lawyer for this. Please get a lawyer to help you.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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