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Redocumentation/Assignment Fees

Discussion in 'Buying & Selling a Home or Residence' started by Shiela, Aug 1, 2019.

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  1. Shiela

    Shiela Law Topic Starter New Member

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    Hi All, I am seeking advice and I am hoping someone could enlighten me with my case.

    Few months ago, I sold my 2 condo units for assumed because I cannot pay it anymore (I am broke). The developer emailed me that I need to pay 100K (Philippine Pesos) as assignment fee or re-documentation fees for each unit. This amount I have included in the MOA or memorandum of agreement including the assumed responsibilities. All was very well indicated and the buyer signed the documents before they made the full payment. Right after they signed the MOA, they wired the payment to my bank account. I then processed all the necessary papers for the changed of name and re-documentations. It took sometime to turn over the unit because their papers also took sometime to complete on their side. It was clearly stated in our MOA that they will pay the May 2019 equity, they signed and they agreed but because it took so long for them to finish submitting their papers that the developer required, the turn over of the key happened at the end of May.

    At the first week of June, the buyer did not want pay the May equity as agreed because their reason was, they do not have the unit yet by the month of May. They keep harassing me to pay the May equity but I refused to pay because we already agreed that they will pay for it.

    About the re-documentation fees that the developer itself required and was included in our MOA,
    when I went to the developer's office to pay all for the change of name charges, attorneys fees and others, I brought with me 200K (100k /unit) and was ready to pay. But when I handed the money to the officer, he said to me with a big smile, that I do not need to pay the 100k per unit anymore instead I only need to pay 10K each x 2 units = Php20K, I was very shocked and surprise and I asked why, they said it is because, I have not signed the " Contract To Sell " as yet. And I ask if this would not create any trouble to the new owner, they said no, because it is between me and them (the developer of my 2 condo units).

    On the last week of July last month because today is already August 1, the new buyer found out that I only paid 20K instead of 200K. Now, they keep on harassing me to give them the Php180K because I only paid Php20K.

    Given the above scenario, I would like to seek advice for my below questions:
    1.) Do they have the right to claim the Php180K that I am suppose to pay to the developer?
    2.) It is not written in our MOA that I will give them a refund if the developer will only let me pay 20K instead of 200K. They said that they will sue me for not giving the 180K to them. Can they do that? What would be the case?
    3.) In what page in the Book of Law in the Philippines have I committed a crime that they are going to harass me and sue me if I am not giving it?
    4.) I have delivered all what they have paid to me. Do they have the right to claim things that is not written in our MOA.
    5.) Worst part, they keep on harassing me since the first month equity, texting me messages on my phone, posting bad messages on my FB wall. How much right do I have to stop them from disturbing me.

    Please help, it is not healthy on my part anymore. Their harassment is very disturbing already to me. I just want to live peacefully. The 180K, I already give it to charity.
  2. army judge

    army judge Super Moderator

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    This website discusses the laws of the USA, sorry.

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