I have the most recent experience of being questioned by someone for a probable deception due to undeclared attached fees for the property that i sold. My buyer opted to file a case against me but per legal consultation, it appeared that we are both victims of the situations.
What i did was to ask for legal assistance. It turned out from the legal point of view that my property developer did a gross negligence. From the contract signed, the following information appeared :
1. that i need not pay the Homeowner's association monthly dues since mine is only a lot (homeowner was not specifically defined in the contract so the law interprets it according to the meaning of the word)
2. That the contract has to be explained to me in a language understandable outside legal jargon (due to the lengthy and voluminous content of the contract, the Buyer would not have the time to read everything and so adheres to signing the contract - contract of Adhesion).
3. The contract should respond to the requirement of " justice and good faith" as stated in Article 19 of the Civil Code of the Philippines(gosh ma shock ka ...i'm now discussing laws of the Philippines).
But ultimately, i realized the beauty of knowing a little about our laws with my experience. You know why? The law neutralizes malpractices and corrects contracts that violates rights.
Lastly, signing a contract with anybody on properties does not necessarily mean that despite violations we adhere to everything stated in the contract. "It is an elementary rule that in case of conflict between a law and a contract, the former must always prevail."
Mabuang ko bayot...heavy jud diay ako topic ...gasunggo nako hahahhahahahah. But this time i appreciate making the law prevail in the midst of injustices and malpractices in all aspects of our lives (tinuod ko? hehehhe). I hope i did my research well...
A REMINDER FOR ALL OF US :
Get to know a little of our laws especially (or ask for legal advise) when there are concerns that hit us and can and may be addressed by the Philippine laws. I panicked at first when i learned that i am going to be sued but when i slowly got the orientation regarding my case...I rested... IT IS REALLY GOOD TO KNOW THE LAW... and resist any abuse...
Note : Please correct me if there are things I said here that are not fit to be included...thanks
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