Can a real estate developer forfeit buyer’s payments?

It is really painful to hear from our fellow Filipinos that their hard earned money can easily be forfeited by some of the real estate developers without proper guidance on their part. Agents and brokers do not even discuss this with the buyers during the presentation and signing of the reservation agreement.

As per your reservation agreement, reservation fee is non-refundable if you wish not to continue with the payment. Most of the reservation agreements further provide that your payment will be forfeited if you delay in payment, thus your purchase of the property will be canceled.

However, real estate developer cannot forfeit your equity payment or what we called instalment of your down payments for two main grounds: (a) developer did not develop or construct the property as prescribed and approved by the government (Housing and Land Use Regulatory Board –HLURB), (b)developer  did not deliver the property to the owner on the time specified  in the License to Sell (LTS)  issued by the HLURB (government agency).

Furthermore, the buyer must notify or inform the real estate owner or developer, not just to the agent or broker of his or her interest to suspend payment or his/her interest to refund due to the non-compliance of the approved specification and non-delivery of the property on the specified timeline.

Written and curated by: Exequiel Mondejar, REB, BSC, MBA, LLB/JD. Source: http://www.mondexpro.com/real-estate-broker-can-a-real-estate-developer-forfeit-buyers-payments/

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Effects of RA 9679 on OFW Pag-IBIG members

How does my POP membership differ from that under RA 9679?

The Pag-IBIG Overseas Program is entirely different from Pag-IBIG I. POP was a voluntary savings scheme for Filipinos abroad while membership under Pag-IBIG I is mandatory for Filipinos working abroad by virtue of RA 9679.

Do I have the option not to register under Pag-IBIG I since I am already a POP member?

Under RA 9679, all Overseas Filipino Workers are required to register under Pag-IBIG I, regardless if they are POP members or not. Other POP members (immigrants and those naturalized in other countries) may register voluntarily under Pag-IBIG I.

I am an OFW and a POP member as well, do I have the option to stop my POP membership and re-register for Pag-IBIG I membership instead?

Yes, you may discontinue your POP membership, provided you do not have an existing housing loan with Pag-IBIG Fund.

Can I continue with my POP membership and be a member under RA 9679 simultaneously?

Yes, a POP member is required to register under Pag-IBIG I but, at the same time, he may also opt to continue his POP membership.

When can I withdraw my POP TAV if I stop my POP contributions and register under RA 9679?

POP TAV may be withdrawn at point of maturity of POP membership.

Will my POP TAV and TAV under RA9679 be merged?

No, your TAV under both programs shall be kept separate. Your POP TAV will be released to you upon maturity of term even if your Pag-IBIG I membership is not yet due for release.

source:  www.pagibigfund.gov.ph