First investment - Issue with developer

Hi Guys,

I have been watching for a while and learning a lot ! thanks very much in advance!

I bought an OTP year 2007 studio unit and thought to use it for my self when I go back now and then in my country of origin, philippines -currently living in London since 19. I thought to rent out the unit when I'm away since the unit is in CBD. Now the unit is finish but there is one problem - They delivered a unit that is completely different.

The Unit apartments are Fully furnish - including all appliances and furnitures. There are 3 different types of unit interior design to choose from - Sleek ( dark coloured), Modern ( light coloured) and Mix of both.

At first I signed the reservation form with the "Modern interior" but then I changed my mind to "Sleek interior" right after. So really I signed both Sleek and Modern. My copy of the reservation form was ticked "Sleek" since it was the final decision. But the unit inspected last June 22 by my SPA was different, it was "modern"-my first choice.

Now, I wanted to have it change, and obviously it will take time and cost for the developer.

I wrote to them and demanding to change my unit to what I have decided and what it is in my reservation form -"Sleek interior design" but it seems like they don't care at all and not replying to any of my messages since I have already fully paid my property.

I wrote another letter that if they won't respond I will have to take legal actions, suddenly the next day they replied insisting that they have to follow what they have on hand. This is a mistake, a misunderstanding with their Marketing arm. There will be a following meeting regarding this, My SPA will be there to discuss this matter and to insist to change my studio unit.

OR

I also suggest that I can accept the current design in the condition that they have to shoulder my dues in the next 3 yrs, on almost the same amount to spend on refurbishment, but then it seems like they won't do anything about it and did'nt even mention it in their reply.

I thought that I should include a government consumer complaint body in my emails so that they can take action regarding this matter -if it works.

Any thoughts? on what else should be my next step?

looking forward on all your replies..

thanks!!
 
I bought an OTP
Oh dear, here we go :eek:


studio unit .........they delivered a unit that is completely different.
Yep, they'll do that....even when you don't change your mind :(


At first I signed the reservation form with the "Modern interior" but then I changed my mind to "Sleek interior" right after.
This looks like where all the problem started. Do you have evidence that they acknowledged your change?

Now, I wanted to have it change, and obviously it will take time and cost for the developer. ....... but it seems like they don't care at all and not replying to any of my messages since I have already fully paid my property.
So you have fully paid. They have delivered a unit that they have paperwork to say that you wanted.

Any thoughts? on what else should be my next step?
I'd give up right now. The developer will not want to spend any money. For you to get them to spend money to fix it back, you will have to spend a lot of money on legal bills, time and emotional effort with no guaranteed favourable outcome (for you).

The value of the property is probably unaffected by the stle choice. If it were me, I'd be disappointed but pragmatic. Just chalk it up to experience and move on.
 
I agree with Propertunity. I'd say your chances of any joy on this one are close to zero, particularly when your concerns are about preference rather than standard/quality. I'd be willing to be the contract is full of all sorts of disclaimers about them trying to satisfy your request for your preferenced colours etc, but without any obligation, and I bet it also says that they can substitute different finishes at any time for any reason.
 
This property is an OTP in the Phillipines, right?
Legal rules could be quite different there than they are here.
Quite right, and I did miss that. :eek: However, I would think that the Phillippines probably has even fewer consumer protections than we do (though I may be wrong).

Contracts are relatively similar everywhere, though, and I'm sure there's not a developer in existence who forks out money when they aren't legally obliged to... The fact that MadFox refers to the "registration form" rather than the contract isn't encouraging, either. I'd be willing to bet that the registration form doesn't even form a part of the contract, and is simply treated as like a "survey", or "questionnaire as to preferences". :eek:
 
I also suggest that I can accept the current design in the condition that they have to shoulder my dues in the next 3 yrs, on almost the same amount to spend on refurbishment, but then it seems like they won't do anything about it and did'nt even mention it in their reply.

I always try and be really careful not to offer this sort of solution. I believe it just shows weakness that you will actually accept the unit the way it is in. I would have just left it at they had to fix it.

Gools
 
Oh dear, here we go :eek:


Yep, they'll do that....even when you don't change your mind :(


This looks like where all the problem started. Do you have evidence that they acknowledged your change?

So you have fully paid. They have delivered a unit that they have paperwork to say that you wanted.

I'd give up right now. The developer will not want to spend any money. For you to get them to spend money to fix it back, you will have to spend a lot of money on legal bills, time and emotional effort with no guaranteed favourable outcome (for you).

The value of the property is probably unaffected by the stle choice. If it were me, I'd be disappointed but pragmatic. Just chalk it up to experience and move on.


Hi Propertunity,

I have evidence that they acknowledged the change - which is the copy of the reservation form with the "Sleek" ticked given to me by my sales agent. It is the photocopy of the original reservation form I have signed. But the problem is, the original copy they have on file is "Modern" which is my first option. My sales agent may have confused the documents instead of giving them the "sleek" form, he have given the old one - and the old one was the one which have been validated.

The reservation form was signed by the director of sales from the developer's marketing arm to whom I am raising the problem now. Also the Interior was not even mentioned in the Contract itself as well - it's full of conditions protecting their rights - not surprised. So I am not sure how big my chances of getting of what I exactly I wanted it to be :(
 
Quite right, and I did miss that. :eek: However, I would think that the Phillippines probably has even fewer consumer protections than we do (though I may be wrong).

Contracts are relatively similar everywhere, though, and I'm sure there's not a developer in existence who forks out money when they aren't legally obliged to... The fact that MadFox refers to the "registration form" rather than the contract isn't encouraging, either. I'd be willing to bet that the registration form doesn't even form a part of the contract, and is simply treated as like a "survey", or "questionnaire as to preferences". :eek:



There are 2 documents I received: reservation form and CTS; contract to built.

The reservation agreement form is 5 pages long, front page; personal details along with the 3 choices interior options and have to tick which one I wanted. 2 to 4th pages are all the reservation agreement conditions and the last page is the signatures. My sales agent swapped the first page with my final decision which is "sleek" and gave me a copy, then history follows...who knows what happened internally with my documents.

The interior choice was indicated in the reservation agreement form and not even in the CTS.

I will passed my letter of complaint to the Gov't consumer complaint body and see how they respond, I do not have any idea yet of how much protection they do. But I have a friend who's working in the bank as the Bank Manager and she mentioned that whenever a client pass the complaint to the Govt. consumer body, their bank take actions right away. I don't know how far else I can go, as I am emotionally stressed and streched already by this situation, although I am taking it as a positve experience - lesson learnt I guess..
 
I always try and be really careful not to offer this sort of solution. I believe it just shows weakness that you will actually accept the unit the way it is in. I would have just left it at they had to fix it.

Gools

I did thought about that too, but I think, they won't do any actions or change the whole interior anyway and so I may have just give them an option. The letter I received yesterday: They are "apologizing for this trouble they caused me and regret to inform me that they will stand on with records they have"

But I think that apologizing is not enough? and so I indicated an option. My SPA will meet the representative fr developer with the director of sales from their marketing arm to decide what's their action before friday to end this once and for all, whatever that decision maybe - I have a feeling that they will insist not to change at all....... :(
 
madfox, I know it's disappointing when you don't get what you thought you had agreed upon, but given that you initially chose the modern finish, it mustn't be too awful. It sounds like it's quite a white/neutral finish which is timeless and gives more scope for personalising than a darker colour scheme, anyway. So try and look on the bright side. :)

Given that the colour scheme isn't in the CTS, I think you're right that you're highly unlikely to be successful in terms of legal remedy. Given that they're probably not obliged to give you anything, but seem to acknowledge that they've stuffed up, I think you're more likely to get something by playing on their guilt and asking for something relatively modest, rather than asking for a lot, which is likely to just make them dig their heels in and not want to concede anything.

I think I'd be asking for some money back to help you redecorate, perhaps 1-2% of purchase price. You want it to be small enough that they think it worth paying to have a happy customer. :)

Good luck, and try not to let this relatively minor incident spoil your enjoyment of your new home. In a few years, you really will have forgotten all about this. (At least, you should have! ;))
 
Madfox, just out of interest, were the selection forms you signed dated?
By that I mean is there proof that your changed selection you signed actually the second one and the first one dated before hand?

Gools
 
Madfox, just out of interest, were the selection forms you signed dated?
By that I mean is there proof that your changed selection you signed actually the second one and the first one dated before hand?

Gools

Well observed Gools, both reservation form agreements were both dated on the same date, 16 july 2007.

The type of interior was changed few minutes after. How I wish, the time was indicated. And so there's no proof within the documents that the sleek was the final option.

Although, my sales agent assisted me on the reservation day who did all my request. He is the proof but he's no longer with the developer.

His director of sales, above him signed my reservation agreement which is on the lastpage. Front page indicates the 3 types of interior to tick. I suppose my sales agent just exchanged with the same front form and the rest was history.
 
madfox, I know it's disappointing when you don't get what you thought you had agreed upon, but given that you initially chose the modern finish, it mustn't be too awful. It sounds like it's quite a white/neutral finish which is timeless and gives more scope for personalising than a darker colour scheme, anyway. So try and look on the bright side. :)

Given that the colour scheme isn't in the CTS, I think you're right that you're highly unlikely to be successful in terms of legal remedy. Given that they're probably not obliged to give you anything, but seem to acknowledge that they've stuffed up, I think you're more likely to get something by playing on their guilt and asking for something relatively modest, rather than asking for a lot, which is likely to just make them dig their heels in and not want to concede anything.

I think I'd be asking for some money back to help you redecorate, perhaps 1-2% of purchase price. You want it to be small enough that they think it worth paying to have a happy customer. :)

Good luck, and try not to let this relatively minor incident spoil your enjoyment of your new home. In a few years, you really will have forgotten all about this. (At least, you should have! ;))

Ozperp, that's good another option btw. I just hope everything goes well.. I will let you all know what will happen in the next few days.. ;)
 
Hello everybody..

Good news for me.. The developer will spend money to change my unit to what we have agreed. great! it's worth fighting and pursuing what I want rather than keep my self quiet and not insist. :D
 
Wow! I'm absolutely gob-smacked. This must be the most benevolent developer on the planet! Congratulations, madfox, that's awesome.

And sorry to be a wet blanket, but now I will keep my fingers crossed that the quality of work - and particularly re-work - is acceptable. :eek:
 
I cc Gov't consumer body every email I do to developer. I found out that there will be a penalty for the developer if they won't do any action, not sure what or how much, perhaps bad record too. I suppose they don't want to loose their reputation. So the developer started to refurbish my unit since yesterday and will take 2 months.

Now, on turn over misc. fees, an advance 1 month due was already paid. Since the is unit still on refurbishment and will take 2 months, that 1 month advance due should be offset after the unit is fully finish by September. This means from september to october condo due should be paid already, thereafter, I will start paying the condominiums dues.

I will inquire this and I think this should be the case. Right?

With regards with insurance, what sort of insurance do anybody use besides fire? earthquake? etc?? :rolleyes:
 
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