What is the remedy of a buyer to recover his payment upon knowing that the owner/developer of the subdivision/condominium has no license to sell?
He may demand from the seller the refund of the amount he already paid by filling a complaint with HLURB.
What is the liability of the subdivision owner if he sold subdivision lots without license to sell? What is the effect of the sale?
The sale is valid but the owner is liable to pay administrative fine for unauthorized selling.
While, the buyer may opt to rescind the contract and demand for a refund or proceed with the sale.
Is pre-selling allowed?
No. Pre-selling which is disposing for valuable consideration of subdivision lots or condominium units I a subdivision or condominium project to the public prior to the issuance of Certificate of Registration and License to Sell is a violation of PD 957.
Are owners/developers of the columbariums required to secure License to Sell?
Yes, Construction and/or development of columbariums and crematoriums, including the sale thereof to the public is subject to HLURB Rules and Regulations for Memorial Parks and Cementeries. Thereof, the owner/developer thereof is required to secure the necessary license to sell for selling the columbarium units to the public.
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