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Hi everyone. I’m hoping to hear from people who have gone through a similar condo refund dispute, especially those who have dealt with DHSUD or a developer buyback. We already have lawyers handling our case, but I’d like to get a realistic idea of what might happen rather than just what is legally possible.
We reserved a pre-selling condo unit in October 2021 and paid a ₱15,000 reservation fee. Over the next year or so, we paid approximately ₱500,000 in total. We eventually pursued a refund and are now pursuing a full refund through DHSUD. Upon the advice of our lawyer, we stopped paying the monthly amortizations while the refund dispute is being pursued.
There are several issues that led us to pursue the refund.
First, the financing arrangement. We were led to believe that the property could be financed through Pag-IBIG, which was an important consideration when we decided to purchase. We only found out that this would not be possible when we were finally asked to choose a financing option. By then, we had already committed to the purchase and paid a substantial amount. We eventually ended up with a BPI housing loan instead. We feel that the Pag-IBIG financing was misrepresented to us, and that we were left with a bank loan arrangement that was not what we originally expected or agreed to when we first decided to buy the property.
First, the delayed turnover. One of the selling points when we purchased was that the unit would be turned over by Q2 2025. However, we were only given a punchlisting schedule for April 21, 2026, almost a year after the promised turnover period. By that point, the delays and financing issues had already significantly affected our plans and confidence in the purchase.
There is also a potential License to Sell issue. Our reservation fee was paid on October 24, 2021, but the DHSUD record we found for the specific building lists License to Sell LS 0001112, issued on November 29, 2024. The record specifically names Lions Park Residences Phase 2 – Dove Lofts and Parking Building, developed by CDC Realty, Inc.
That is a gap of more than three years. We understand that an earlier license or temporary authority might have covered the building, so we are not assuming that the sale was automatically illegal. We are planning to obtain an official DHSUD certification to confirm whether our unit was actually covered by a valid License to Sell at the time of reservation.
Recently, the situation became more complicated because of the BPI housing loan. We received a formal letter dated September 7, 2026, denying our refund request and demanding an additional ₱142,800, which the developer says represents Creditable Withholding Tax (CWT) that it paid. They gave us 10 days from receipt to reimburse them and threatened collection proceedings and/or a Small Claims case if we do not comply.
The BPI notice also says the developer failed to deliver the title and/or updated tax declaration within the required period, which prevented the bank from commencing foreclosure proceedings. The bank is now requiring the developer to deliver the documents or face a demand for the buyback amount. We are trying to understand why we are being asked to pay additional expenses while our refund dispute is still unresolved.
Given all of this, what do you think is the most likely outcome of a case like ours?
Is a full refund realistically possible, or are these cases more commonly resolved through a partial refund or settlement? How much weight would the delayed turnover and alleged misrepresentation of the Pag-IBIG financing carry? If DHSUD confirms that there was no valid License to Sell covering our unit when we reserved it, would that significantly change the likely outcome?
I’m also particularly concerned about the ₱142,800 demand. Is it realistic that we could lose the refund case and still be required to pay this additional amount? Or is it more likely that these charges would be disputed, waived, or dealt with as part of a settlement? What usually happens when a developer buyback is involved while the buyer is pursuing a refund?
I know nobody can predict the result without reviewing the contracts and evidence, and we will continue relying on our lawyers. I’m mainly hoping to hear from anyone who has experienced something similar or has knowledge of how DHSUD typically handles these disputes. Did you end up receiving a full refund, settling for a percentage, or being required to pay additional charges?
At this point, it is honestly difficult to process that we could lose around ₱500,000 in payments and then potentially be asked to pay another ₱142,800.
Thank you to anyone who can share their experience or insight.