can we pull out and get our money back on our investment condominium in philippines becuase the builder didnt sent the official receipt of our payments and didnt sent the contract to sell agreement.
Answer
Aside from the possibility that the builder or its agents have done some probably-illegal solicitation in California, your problem and your rights would be governed by the law of the Philippines, and California lawyers would generally be unable to assist you.
Answer
If the contract were governed by California law, and it was not a telephone solicitation, you probably could not void the contract as neither of these mistakes seems to go to the heart of the contract. If you have to sue the developer to get your money back, how are you going to get him served as a defendant and what assets does he have in California that you could collect against?
Since the land is abroad, California courts might not want to accept jurisdiction to hear the case as they have no control over the asset in controversy. You would have to show that the contract was made in California and you might also have to show that the California interest in protecting its own residents out weights the location of the property [does the contract say which law applies].
You might be able to strike some type of compromise with the seller, but that will depend on how honest he/she is, what your reasons for withdrawing are, and whether the unit can be sold quickly to someone else. While you are dealing with the developer, see if you can sell the contract to another person.
Answer
Unless the developer is located in California, this is a matter for a lawyer in the Philippines.
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