The customer is king. That maxim applies not only in the trade of goods and services but also in the real estate business, particularly in the buying and selling of condominium units.
David Leechiu, country head of Jones Lang LaSalle Leechiu, advises condominium buyers who are unhappy with their payment situation to practice “plenty of due diligence” when filing complaints against developers and their selling agents. Fortunately, he says there are many public forums today which are on the side of legitimate complainants.
The Housing and Land Use Regulatory Board, he points out, would be able to help if it will provide a public service by publishing the complaints on developers’ projects. And when developers threaten to sue in return, Leechiu says a class action suit of buyers with similar complaints would be a stronger option.
False claims
Leechiu says false claims (of developers) will need to be proven and the HLURB has enough policies and regulations to protect buyers to date.
“The other route is to go high up the organization to voice issues and many times developers will settle rather than risk having disgruntled buyers,” Leechiu adds.
Inquirer Property has checked the HLURB website (http://www.hlurb.gov.ph/). It has an online folder for “services” for buyers’ guide, rights, how to file a complaint, developers’ guide, responsibilities, obligations and other related laws, updates on LGUs, frequently asked questions and other homebuyers’ concerns.
It also has an online forum for complainants as well as master list of developers and their addresses. It also includes the phone number and e-mail address of the Legal Affairs Group.
HLURB legal officer Mike Denava told Inquirer Property over the phone that HLURB would not know of preselling (problems) involving any developer until a complaint surfaces. He confirmed that there are developers doing preselling on projects that have not been registered yet.
An Inquirer Property reader a few weeks ago commented: “There’s poor regulatory enforcement by HLURB or other government agencies.” The reader cited that “no preselling should be the rule, unless the project is at least 80 percent complete.” The reader went on to say that “as it is, the delay in the delivery of the units and the documentary proof of ownership is the common practice by most developers.” This reader added that one should “stay away from developers whose come-on is the project’s proximity to malls.”
Appropriate agency
Enrique Soriano, Ateneo program director for real estate and senior adviser for Wong+Bernstein Business Advisory, agrees that the appropriate agency to address buyer and homeowner grievances would be the HLURB. “With the passage of the Resa (Real Estate Service Act) law, regulatory control of erring agents will now be under the jurisdiction of the Board.”
Claro dG. Cordero Jr., Jones Lang LaSalle Leechiu’s head of research, consulting and valuation, says, “Ideally, the HLURB should have full control on the strict compliance of the developers with their suggested construction schedule and deliverables.”
Cordero adds that “a prudent buyer should ‘double-check’ with HLURB regarding the reputation of the developer, and the proposed masterplan of the entire development.”
He explains: “It would also help if the buyer would check with relevant authorities regarding updated Land Use Plans and other plans for developments in the area that would have favorable and deteriorating effects to their developments.”
Cordero clarifies that there are a number of reputable developers who deliver on their promised units in a timely manner, along with the proper documentation on the proof of ownership (i.e., transfer of titles).
Soriano says, “As a general rule, buyers must make sure representations made by agents and the marketing collaterals presented must be duly acknowledged and validated by their superiors.”
“There are instances where collaterals are made through the initiatives of the sales agents and without the clearance of the developer. When necessary, certifications may be requested from the developer attesting to the truthfulness of the marketing promise.”
Soriano says, “With the bureaucracy and the volume of work in HLURB, I have reservations if they can provide answers in real time. In the end, verification of claims is still the buyers’ primary responsibility.”
SOURCE; INQUIRER, Tessa R. Salazar
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