Aboitizland: Ethical or Not?

[brian_d]

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CAVEAT EMPTOR = BUYERS BEWARE. I don't see any problem, like you said Mr. Rance. They didn't change the CONTRACT PRICE/SQM. Dakong problema kung nausab ang presyo PER SQUARE METER. Please try to remember ka kung mupalit ka ug yuta YOU ARE BUYING IT PER SQUARE METER.

Your friend should have asked for the copy of the contract, and if you noticed on the fine print of the brochures of real estate companies, NAA na'y disclaimer that says "SPECIFICATIONS ARE SUBJECT TO CHANGES".

Besides, why after paying two months mag pa refund man imong friend? Buying a LOT is a huge investment wherein a lot of thought and prior research should have been made. Dli man na pagkaon, nga kung wla ka ka gusto sa taste imong lang iluwa.
Regarding the 50% refund, please check if its company policy. Kung naa'y napirmahan ang imong migo to stipulate nga ni agree sya ana nga policy, well luoy na lang sya.

IT'S not the fault of ABOITIZ, its your friend's. AS THEY SAY CAVEAT EMPTOR

[peter_i]

sakto ka bay brian... buying a property is really a big decision to make.. i have deal with ablitizland before because i am an agent... i think they have a "no refund policy".. swerte na imo migo bay rance nga na refunan og 50%... maybe nasayop guid ang aboitizland thats why ni refund na cla... to my understanding, nausab man ang area, so mausab pud ang price, og kung ingnana mausab pud na ang contract kay ang contract mag depende man sa price... the aboitiz companies are really big, thats why, they are strict. mao na usahay nga mo appear cla as rude people, but no, they are just following processes, ingnana guid na ang mga dagkong companya... dili man na merkado nga puede i-uli og maghangyo hangyo.. dili na puede bay rance...

ako pa sa imong migo maayo pa nga nipadayon na lang siya... dili man na mangilad cla kay dagko na cla nga companya... murag dili cla managinot ana...

saludo ko sa imong sempatiya sa imong migo bay rance... pero murag one sided ra kaayo ka, kay wala ka kadungog sa side sa aboitizland...

[Minuano27]

Sir is there any law in the Phils that can justify this? thank you.

yup..the law on sales

[dagget]

If aboitiz land admitted to errors on their survey they should refund 100%..............

you didn't sign a contract because aboitiz land hasn't finished it yet.... so you should get back all 100% of your money..........

to peter_i:

Kung ang amortization mo dako because the lot area was bigger.... then more and monthly bayad sa migo ni Rance.... If napili to sa migo ni Rance mao ang pwede sa iyang monthly nga sweldo.... karon ni dako naman ang amortization asa man siya mangita para bayad sa increase....

Strict is alright with me..... but if aboitiz land made a mistake or their surveyor made a mistake.... they have to admit fault and they have to refund the whole amount............... ila ang sayop ngano mo suffer man ang customer..... mo sabot ko kung ni back out ang customer without any valid reason kana they should be strict.....

So katong gi buhat sa Aboitiz RUDE gyud TO.... sila pay sayop... sila pa ma ngasaba sa customer...

kung ikaw peter_i naka buhat ko ug sayop sa imo.... sugot baka ako mo kasaba nimo? or ikaw dapat mo kasaba nako?

[peter_i]

ayay, murag ni-init na ni atong discussion da... basin kita na noon mag-away ani diri nga wala man ta labot.. heheheh.

focused na lang ta kung unsay dapat buhaton sa amigo ni bay rance... mas maayo mo konsulta na lang og abogado... kaafford man kaha cya og palit yuta, then i think kaaford cya lawyer... mahalon baya nang mga property sa aboitizland...

dili na lang ko mo comment diri mga bay kay wala man ko kabalo sa both sides, basin pud d-i ang amigo ni bay rance, ang pulos ra pud bati ang nasulti ba.. ingnana guid baya na ang nature sa tawo, usahay gani pun-an gamay ang storya para lang mogawas na looy guid pa. to win sympathy of the people heheheh... maayo unta naay taga aboitizland diri nga maka defend sa ilang side ba.. what if kun kita ang naa sa aboitizland, d ba unfair pud nila d ba, mura ta og nang libak nila.. hehehehe... cge ta lalis diri nya wala tay authority... hehehe.. so focus lang ta sa legal matter na ma apply sa situation.

so mao to mga bay.. bay rance konsulta na lang og lawyer bay.. aron ma guided pud ka maayo kay wala pud ta kabalo kinsay sakto nato diri.. peace mga bro!

[pandisal]

Kung ang side sa vendor ang nasayop.. sila ang hing break sa contract (verbal or written) angay gyud na
nga ang customer ma full 100% refund (minus sa expenses kung naa man gani). Base sa original story,
ang aboitizland man ang hing break sa contract due to their surveyor's fault, it is rightfull para sa customer
to backout and ask for the refund.

Sometimes ang vendor will always give a choice for the customer nga favorable sa vendor, kung dili gani
mo reklamo ang customer... impas... pero kung mo reklamo ang customer diha pa nila tarungon ug asikaso...
ana nang negosyo...

[Rance]

Thank you all for your insights.. What I am sharing here are based on facts (copy of the exchanges of emails between my friend and Aboitizland managers or even the senior managers and the original documents like the reservations terms and condition, original copy of the contract that was not materialize, official Aboitizland receipts of the reservation fee plus the two months amortization and other related documents that they shared to me.. and I believe him and I'm not exaggerating the story that will look like it is a one sided.

I’m only asking on why? is this a fair resolution for my friend and for Aboitizland?. I’m seeking opinions what should be the correct way of resolving this.. my friend is thinking of litigation expenses plus the time would not be worth it because if mo gasto pa sila then it doesn’t make any sense for them.. that is why I am questioning if this is ethical or not.. I might use this case in my Ethics and Law subject and learn what the different opinions from others are.

I cannot also blame my friend why they are not meticulous about the paper works and contracts etc.. again, they have trusted the company and they have learned their lesson that it is not always based on trust because of what happened to them.

I hope that this is not only a learning (bad) experience for my friend but also for others.. they talked to the lawyers of Government regulatory body for housing and land development and they found out that there are similar cases like this.. and most of them got 100% refund and some are not and they encourage my friend to file a report of the problem and the government lawyers would like to study and take action of it.. but mau lagi na my friend has higher priority than this and their family and friends cannot force them if unsa ilang action on this.. it’s up to them.

[tolstoi]

this is a very informative topic..keep the ideas flowing guys :mrgreen:

[Rance]

Is this the practice of the industry?

This thread is sponsored by www.aboitizland.com[br]Posted on: September 18, 2006, 01:18:13 PM_________________________________________________

Kung ang side sa vendor ang nasayop.. sila ang hing break sa contract (verbal or written) angay gyud na
nga ang customer ma full 100% refund (minus sa expenses kung naa man gani). Base sa original story,
ang aboitizland man ang hing break sa contract due to their surveyor's fault, it is rightfull para sa customer
to backout and ask for the refund.

Sometimes ang vendor will always give a choice for the customer nga favorable sa vendor, kung dili gani
mo reklamo ang customer... impas... pero kung mo reklamo ang customer diha pa nila tarungon ug asikaso...
ana nang negosyo...

Mau gyud..

[Rance]

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.”
[/quote]