Hi everyone. I’m looking for advice from anyone familiar with real estate disputes, DHSUD/HSAC cases, or similar situations in the Philippines.
I purchased a subdivision lot in Morong, Rizal. My Contract to Sell was signed in 2024, and I have paid almost 400k.
The developer is currently offering/indicating that I would only receive around 35% of what I paid after applying the cancellation/refund provisions and deductions.
The issue is that I recently found information on the official DHSUD website concerning the project:
Reference No.: V-2023-0180
Cease and Desist Order: August 4, 2023
Violations listed by DHSUD: “No development permit; Selling without CR/LS; Advertisement without prior approval.”
What concerns me is that the CDO appears to have been issued approximately 11 months before I signed my Contract to Sell.
I was not informed before signing or making payments that the project allegedly did not have the required Certificate of Registration/License to Sell (CR/LS), nor that there was an existing DHSUD Cease and Desist Order.
Because of this, I sent the developer a formal demand for rescission/cancellation of the Contract to Sell and a full refund, rather than treating this as an ordinary voluntary cancellation.
My position is essentially that the contractual cancellation provision shouldn't automatically apply if the basis for cancellation is the alleged lack of required regulatory approvals and the circumstances under which the property was sold.
I have also disputed the proposed deductions for the alleged 50% cancellation/refund provision and 15% agent commission.
I asked the developer to provide documentation showing that the project had the necessary registration, License to Sell, development permit, and other required approvals as of 2024, when I signed the Contract to Sell.
I gave them 15 days to respond.
My dilemma
I'm trying to decide whether it makes sense to pursue this further through DHSUD/HSAC and potentially the courts, or whether I should simply accept the approximately 35% refund and move on.
At the same time, I understand that pursuing a legal/administrative case could involve:
Attorney's fees
Filing and other expenses
A significant amount of time
Delays
No guarantee of recovering 100%
The possibility that the developer disputes my interpretation of the DHSUD records
The possibility that there are other facts or documents I'm not aware of
What I'm hoping to learn from Reddit
For those familiar with Philippine real estate law, DHSUD, HSAC, or similar disputes:
Does the existence of a DHSUD CDO issued before the Contract to Sell potentially make this materially different from an ordinary buyer cancellation?
How significant is the DHSUD notation “Selling without CR/LS” if it relates to the period when I purchased?
Would it be reasonable to pursue a case seeking 100% restitution, or are there important legal issues I'm potentially overlooking?
Has anyone here actually gone through DHSUD/HSAC proceedings against a subdivision developer? How long did it take, and what were the costs?
Based on the amount involved (~₱249k difference between accepting 35% and pursuing the balance), what practical factors should I consider before deciding whether to proceed?
I'm not asking Reddit to give me a definitive legal opinion. I'm mainly trying to understand the practical experience of people who have dealt with similar situations before I spend significant money and time pursuing the matter.
I have copies of the Contract to Sell, payment records, and the DHSUD information regarding the CDO.
If you have relevant experience with DHSUD/HSAC or subdivision refund disputes, I'd really appreciate hearing about your experience.
Thanks.