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Author Topic: Cancelling a property contract  (Read 3907 times)

Offline downunder

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Cancelling a property contract
« on: June 11, 2022, 11:05:18 AM »
Hi

Im trying to cancel my property contract and receive a refund as the contract states.
The company has told me to send them the Original contract and all original receipts they have sent me before they will proceed. Until they have that they will not cancel.
I questioned this and was told "The cancellation won't proceed without those documents. Those original Official Receipts will be checked by the Bureau of Internal Revenue"

Has anyone heard of this before?

Offline MotorSarge

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Re: Cancelling a property contract
« Reply #1 on: June 11, 2022, 08:52:32 PM »
Hello..welcome new member 8)
MS

Offline Gray Wolf

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Re: Cancelling a property contract
« Reply #2 on: June 11, 2022, 11:52:17 PM »
Hi

Im trying to cancel my property contract and receive a refund as the contract states.
The company has told me to send them the Original contract and all original receipts they have sent me before they will proceed. Until they have that they will not cancel.
I questioned this and was told "The cancellation won't proceed without those documents. Those original Official Receipts will be checked by the Bureau of Internal Revenue"

Has anyone heard of this before?

Welcome downunder! Start off by clicking on this link and posting a brief introduction of yourself to the group:  https://www.livinginthephilippines.com/forum/index.php?board=35.0
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline Hestecrefter

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Re: Cancelling a property contract
« Reply #3 on: June 13, 2022, 01:52:09 AM »
Welcome downunder! Start off by clicking on this link and posting a brief introduction of yourself to the group:  https://www.livinginthephilippines.com/forum/index.php?board=35.0

My guess is that anyone coming here and firing off a question right away, without contributing even an introduction, is very unlikely to be receptive to any entreaty to actually become a forum member in good faith.  Seems to be a common attitude nowadays.  We've seen a few here of late.

Happy to note recent member pakwhan was receptive to your suggestion.  So there is hope!

Offline downunder

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Re: Cancelling a property contract
« Reply #4 on: June 13, 2022, 11:51:24 AM »
Due to work commitments this weekend, it has been hard to write an introduction as Grey Wolf suggested - I will do soon. I guess there is still hope.

Sorry about going off topic

Offline MotorSarge

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Re: Cancelling a property contract
« Reply #5 on: June 14, 2022, 01:52:19 AM »
My guess is that anyone coming here and firing off a question right away, without contributing even an introduction, is very unlikely to be receptive to any entreaty to actually become a forum member in good faith.  Seems to be a common attitude nowadays.  We've seen a few here of late.

Happy to note recent member pakwhan was receptive to your suggestion.  So there is hope!
Hey Hestecrefter....we will be in the PI for the month of Dec. in the Cabanatuan area. Urgent that we take care of some neglected property business since Covid has kept us away, could be a great opportunity to meet and greet if our schedules allow.. 8)
MS

Offline Hestecrefter

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Re: Cancelling a property contract
« Reply #6 on: June 14, 2022, 10:43:34 PM »
Hey Hestecrefter....we will be in the PI for the month of Dec. in the Cabanatuan area. Urgent that we take care of some neglected property business since Covid has kept us away, could be a great opportunity to meet and greet if our schedules allow.. 8)

Sure!  I''d like to see if we can make that work!

Offline Gray Wolf

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Re: Cancelling a property contract
« Reply #7 on: July 07, 2022, 10:08:21 PM »
Due to work commitments this weekend, it has been hard to write an introduction as Grey Wolf suggested - I will do soon. I guess there is still hope.

Sorry about going off topic

You're doing fine downunder  ;D No worries, my friend!
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline Hestecrefter

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Re: Cancelling a property contract
« Reply #8 on: July 07, 2022, 11:04:17 PM »
Hi

Im trying to cancel my property contract and receive a refund as the contract states.
The company has told me to send them the Original contract and all original receipts they have sent me before they will proceed. Until they have that they will not cancel.
I questioned this and was told "The cancellation won't proceed without those documents. Those original Official Receipts will be checked by the Bureau of Internal Revenue"

Has anyone heard of this before?

So, what happened with this? 

For my part, no, I have not heard of that before.  Your reference to the BIR would seem to confirm that we are talking about a Philippines property contract, which was not clear at the outset. Property law there is not like what I am used to in Canada and the U.S., where I have bought and sold properties.  I find it odd that the vendor is asking, in effect, for their own contracts and I have no idea why the BIR must be involved.  But then, Phils is different.  I would not be too surprised by efforts to put up roadblocks to a refund.  Passage of time might also be a detriment to you.

Do you have an attorney there?  I have attorney friends there if you'd like a reference.  If in doubt, if the matter remains unresolved at this point, I might want to talk to an attorney there.

Maybe you have not come back to this question because the matter has been resolved favorably.  I hope so.

Offline downunder

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Re: Cancelling a property contract
« Reply #9 on: July 11, 2022, 08:17:00 AM »
Itís still ongoing Ė I have not yet had any confirmation about cancelling.
I agree with you Hestecrefter
I have contacted a Solicitor in the Philippines and this is part of the replyÖ.

Return of Official Receipts
Assuming arguendo that the requirement to return the Official Receipts is written in the Agreement, this must be struck out as void for having no legal anchor.

Conclusion
The Corporation has no legal nor contractual right to demand the return of Official Receipts, contracts, and documents to process the cancellation of the Pre-Selling Agreement.

It would be nice to get back what they owe me but Iím not going to hold my breath waiting. I was just curious about what the company told me regarding the requirements for the cancellation, which I now know to be untrue.

Thanks for the replies.

Offline Hestecrefter

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Re: Cancelling a property contract
« Reply #10 on: July 12, 2022, 12:45:24 AM »
Perhaps worth spending a few pesos to have the attorney write a strongly-worded demand letter, showing you have been apprised of the law and you expect compliance.