Aboitizland: Ethical or Not?

[Rance]

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Aboitizland: Ethical or Not?

A friend of mine shared to me about their bad experience with Aboitizland and I know if the officers of Aboitizland will have a chance to read this thread and they should know the customer that I am talking about.

Anyway, here’s the summary of the story: My friend decided to purchase one of the lots of Kishanta project of Aboitizland in Talisay, Cebu. My freind and the sales person of Abotizland have agreed on the price, lot area and other details and my friend decided to reserved and started paying the monthly amortization payment.. while Aboitizland is on the process of finalizing the contract, after two months that my friend paying the monthly amortization they were informed that there has been a discrepancy in the lot specifications and will involve changes in the lot area and in effect they were informed that the purchase price will also change.

Now here comes the problem: My friend was disappointed about the changes on the pricing and they feel that this is very unfair on their part because the contract was not finalized (Aboitizland said that it will take several months to process and finalize blah blah) and they thought that everything was in order.

To make the story short, my friend is trying to negotiate if Aboitizland can give them the same price and they tried to communicate to the management team of Aboitizland and approach the customer service manager but then at first, Aboitizland was really pushing for the new price and will replace the original agreement with the new contract price. Now, my friend is not happy because Aboitizland is assuming that since they are the developer they can command if there is a new price and apply to their customer without any consultation but my friend has decided that they will not continue investing a lot from Aboitizland anymore because they lost confidence in dealing with the Aboitizland customer service manager because for them a buying experience should be a happy one.

Now Aboitizland customer service manager realizes that my friend is trying to escalate the issue to the Aboitizes. They have submitted a counter-offer to re-consider of the same price and they also stated that if they will continue to withdraw the investment then as per policy “kuno” they will not refund. But it's too late, what if my friend agreed to make the additional payments the first time that Aboitizland informed them that there are changes? Wouldn't you think that they will feel deceived if they found out later that Aboitizland still can leave the price as is? Aboitizland cannot blame them if they are losing confidence in the investment and in the company as a whole.

To end the story, my friend is very consistent NOT to continue the investment and end up that Aboitizland will only refund 50% of the investment.

I would like also to hear your opinions and thoughts about this and asking help from fellow Istorya Dot Net who are familiar with the law in the Philippines if there is a protection of property investors from the developers.

My friend believes that it is very unethical to make changes on what was initially agreed between them and Aboitizland specially that the contract was not materialized and the rules regarding refunds are on the premise that everything is in order and my freind thinks that there is an exemption in their case since Aboitizland was the one who initiated the unexpected changes along the way and if they had known that they will encounter such an experience they would have invested their money in the purchase of other lots offered by the industry and be able to sleep at night knowing they made the right choice.

Quote by Laurence J. Peter
“There is only one thing more painful than learning from experience, and that is not learning from experience.”

[weedmeister2]

depends what papers your friend signed... if there was no contract, what, if any locked the purchase price? or payment terms? or refund policy?

was there a pricelist that your friend was able to hold on to? a signed agreement? receipt for the downpayment?

this case depends entirely on the amount of documentation your friend was able to hold on to to prove the fixed price, the refund policy, and other terms.

I suggest that your friend file a complaint with the HLURB ---> http://www.hlurb.gov.ph/article/archive/48/


Here is the regional director's contact details:


Dir. ANTONIO B. DECATORIA Sr.
Regional Officer, RFO VII
L.D.M. Bldg., Mezzanine Flr., cor. M.J. Cuenco Avenue
& Legazpi Sts., Cebu City
Tel. No. (032) 254-8529/ 254-4564

E-mail 1: hlurb7@cebu.weblinq.com
E-mail 2: adecatoriasr@hlurb.gov.ph


I also suggest that your friend send a copy of the complaint to Aboitizland, they might just change their mind on the "refund policy"...

[Rance]

depends what papers your friend signed... if there was no contract, what, if any locked the purchase price? or payment terms? or refund policy?

My understanding is that they have trusted the company.. anyaway, I think they have kept one copy of the original copies of the contract that has original price on it for signature but then since it will be replaced with a new one then the four copies was retured.

I think they have also the original copy of the reservation agreement with the contract price, lot area and other details as well as shcedule of amortization.

was there a pricelist that your friend was able to hold on to? a signed agreement? receipt for the downpayment?

Yes.. and I think they also kept the Official reciept of the reservation downpayment and the monthly amortization.

this case depends entirely on the amount of documentation your friend was able to hold on to to prove the fixed price, the refund policy, and other terms.

I suggest that your friend file a complaint with the HLURB ---> http://www.hlurb.gov.ph/article/archive/48/

I also suggest that your friend send a copy of the complaint to Aboitizland, they might just change their mind on the "refund policy"...

OK Sir I will let them know.. thank you very much for the information.

[brian_d]

As long as there is no change in price/sqm. Of course when there is discripancy in measurement say from 200 sqm., 225 sqm ang real measurement sa land of course mutaas gyud ang total amount nga mabayran.

Ex.
P500/sqm x 200 = P1,000,000 vs. P500/sqm x 220 = P1,100,000

[Rance]

@brian_d: Yes there was a change in the lot area but the price per sq. meter is the same therefore, the total contract price will also change because of the increase of the land area you example represents that. My friend also told me that it because of the surveryor's mistake and Aboitizland accepted that it happend after they started selling it, produces the brochures, maps and other promotional materials that reflect the size of the land area and the price. Thanks

[slakker]

for me, if the land area increased in size, it is just fair that the price will also increase proportionately. i have also experienced a problem with one of aboitizland's survey officer. if your friend really feels that he is being treated unfairly, my suggestion is for him to put his complaint on paper and e-mail it to the bosses of aboitizland.

[Sanosuke]

anyone here from aboitizland who could shed some light about this thread?

[SPRINGFIELD_XD_40]

The thing is , why would they , the CONSUMER , AGREE on a PAYMENT when there is NO CONTRACT FINALIZED yet ? A reservation fee will do the job just right to reserve a spot . The mistake can be weight more on the CONSUMER w/c is your friend because they agreed to start payments when there is no contract yet . Every entity has the right to CHANGE anything they want worst comes to worst w/o any NOTICE as long as there is no EXISTING CONTRACT in BLACK and WHITE DOCUMENTATIONS , mao bitaw na ang reason why we need such NOTARY PUBLIC services .

[Rance]

for me, if the land area increased in size, it is just fair that the price will also increase proportionately. i have also experienced a problem with one of aboitizland's survey officer. if your friend really feels that he is being treated unfairly, my suggestion is for him to put his complaint on paper and e-mail it to the bosses of aboitizland.

@slakker Just wondering bro, in your case did you accept the changes?.. I'm interested to know. Thanks

The thing is , why would they , the CONSUMER , AGREE on a PAYMENT when there is NO CONTRACT FINALIZED yet ? A reservation fee will do the job just right to reserve a spot . The mistake can be weight more on the CONSUMER w/c is your friend because they agreed to start payments when there is no contract yet . Every entity has the right to CHANGE anything they want worst comes to worst w/o any NOTICE as long as there is no EXISTING CONTRACT in BLACK and WHITE DOCUMENTATIONS , mao bitaw na ang reason why we need such NOTARY PUBLIC services .

@SPRINGFIELD_XD_40 - I would also do the same thing as long as there there is a proper communication of the changes to the customer. My understanding is that in the document of the terms and conditions during the transaction when my friend decide to reserved I think they have stated that after one month of the reservation was made the customer should start paying the monthly amortization of the apecifc amount assuming that the agreed price will be executed in the contract which Aboitizland will do the paper work so for time... and I have no idea why it took them long.

I think for us consumers we have to make sure that we will not agree to start paying unless the contract will be finalized.. because we might be taken advantage even if you trust the company or your close friend or even your family. *whoa* I just hope that this kind of transaction will be regulated and the developers should not apply terms and condiions to the buyers without a final contract because it is not the buyers responsibility to execute the contract but the business of the developer or the seller in this case becuase the consumer will be a great loss at the end.

[SPRINGFIELD_XD_40]

The only TIME there is a FINALIZED CONTRACT is when kita mga CONSUMERS ni PIRMA sa papeles . Without that authograph , it is good for nothing , pangwarta ra to nahitabo bai sa middle man cguro na na pabayron ka w/o any PAPERS ? Wala sila kyapeh ??ABOITIZ either doesnt deal like that considering dinagko na gud na sila ngano mo scam pa man sila .