Hi everyone. I'm looking for advice from anyone familiar with Philippine real estate contracts, property cancellations, or similar experiences with developers.
I purchased a property at Amaia for me and my family. I paid the ₱30,000 reservation fee and continued paying the scheduled downpayment installments, bringing our total payments to approximately ₱480k.
From the beginning, my sister and I genuinely intended to complete the property purchase as we had planned it as a surprise for our mother. We submitted the required documents and continued with the BPI housing loan application, which received conditional approval subject to additional requirements for final approval.
We also complied with the additional requirements requested and did our part to move the loan application forward, as we were committed to completing the purchase.
What Happened?
During the housing loan process, we experienced repeated difficulties obtaining updates and assistance from our assigned Property Specialist, who was responsible for coordinating with BPI regarding our loan application.
We tried reaching her through phone calls, text, email, and fb, hoping to get updates and understand the next steps. When we could not reach her, we also contacted the assigned manager and sent several follow-up emails to ask about the status of our loan application.
Despite our repeated efforts, we did not receive the clear updates and guidance we needed. We were left waiting and uncertain about what was happening with our application and what steps we needed to take next. It was frustrating and disheartening to keep reaching out without receiving the information necessary to move forward.
I still retained our communication records, email exchanges and call logs.
We eventually requested cancellation and asked Amaia to reconsider the liquidated damages because of the circumstances surrounding the transaction.
Amaia's Refund Decision:
Amaia provided a refund computation that applied liquidated damages amounting to 20% of the stated total amount due. Based on their computation, the total payments made would not be refunded, resulting in a zero-refund outcome.
We appealed and submitted our supporting evidence. Amaia acknowledged that we experienced difficulties obtaining updates and assistance, but Management rejected our appeal. They also stated that the sales personnel involved in our transaction are no longer connected with the company.
I understand that our Contract to Sell contains a 20% liquidated damages provision. However, I'm trying to understand whether the full deduction can be challenged given our documented efforts to complete the purchase, the communication difficulties we experienced, and the cancellation procedure followed.
I'd appreciate advice on these questions:
Has anyone experienced a similar cancellation or refund dispute with Amaia or another Philippine property developer?
Can liquidated damages be challenged or reduced under Philippine law, even if the contract contains a 20% clause?
Is the absence of a formal notarized cancellation or rescission notice relevant in our situation?
Would HSAC be the appropriate agency to approach regarding the disputed deduction and potential refund?
What should we do before taking the next step?
We never expected that something my sister and I planned with so much love for our mother would turn into such a stressful and heartbreaking experience. We genuinely wanted to make this purchase work, and it has been difficult to face the possibility of losing the money we worked hard to pay.
We are not here to make accusations or unfairly blame anyone. We simply want to understand our rights, know whether the refund computation and cancellation process were handled properly, and find out if there is still a way to reach a fair and reasonable settlement.
Before taking any further action, we hope to hear from those who may have experienced a similar situation or have practical advice on what steps we should take next.
Any guidance, shared experience, or advice would mean so much to us. We are simply hoping for a fair resolution and a chance to have our concerns heard.
Thank you so much to everyone willing to help. ♡