Responsibility for Past Delinquent Subdivision Dues

[Clermont]

2 hours ago, insite said:

• Are we liable for this debt ?
• Is there somewhere in written or case law to cover this issue we can refer to ?

I have been studying Foreclosed properties and this is in all the literature, it says "use due diligent". As you are finding out it can become costly if documentation is not sighted, word of mouth doesn't hold water over there. The only recourse is to try and bluff the lawyer into paying some of the dues with a bluff of reporting him to the law society for his incompetent in handling a conveyance job. It is his job to compile all legal documents and make sure all taxes and fees are paid or get it in writing from you that it will be your responsibility. Foreigners do have a bit of legal standing over there, although the house might be in her name or 60/40, or other arrangement, don't let him talk to her in their own lingo, a must. The average PI doesn't understand law and are easily hoodwinked by technical talk. Good luck. 

[Dave Hounddriver]

1 hour ago, insite said:

The point now is to establish in law if one can be held liable for a debt incurred by another

You can fight it, with your water turned off, if you like.  When I consulted a lawyer about a similar situation he said they cannot turn off my water EXCEPT if there is an unpaid bill.  Do the people who control the HOA also control the water?  If so, better stock up.

There is little else they can do to enforce payment.  The bill is on the property and is attached to the owner they have on record.  If you want to change ownership you have to notify them and get the previous owner to pay up on all past due bills.  So it is not your responsibility, but it IS your problem.  Headaches, or pay it, up to you.

[hk blues]

1 hour ago, insite said:

If a seller gives erroneous information in front of a Notary Public and Lawyer surely that is fraud and the word of the NP would hold some considerable sway ?

That is my thinking too hence my comment about verbal assurances

[Arizona Kid]

I retired here to get away from the stress and hassle of the rat race type of thing. No regrets since 2002. I would just pay the dang thing and let it go. Nobody likes to get screwed over, but is it worth it to try and fight a most likely losing battle? 

[Hobbit112]

19 hours ago, insite said:

If a seller gives erroneous information in front of a Notary Public and Lawyer surely that is fraud and the word of the NP would hold some considerable sway ?

A Notary Public, if based on the same licensing as in the USA, is mainly there to certify that the people who sign legal documents are actually the people named in the documents.  What is said in front of them typically means nothing unless it pertains to the identity of the people signing said documents.

If it isn't in writing, it typically is not legally binding.  There are a few times where a verbal contract may be enforceable, mainly in small claims court.  The more important the item, the more it needs to be in writing and notarized to be enforceable. 

HOA dues CAN run with the land, no matter who incurred them, as can some utility bills, just like taxes.  It depends on the structure of the utility/municipality/HOA/Subdivision/Province.

Were HOA dues and other potentially unpaid bills addressed in the written agreement to purchase said property?

I won't go into potential lawyer responsibility as that can be another convoluted nightmare.

Due diligence ultimately falls to the purchaser.

Edited May 13, 2019 by Hobbit112

[insite]

Yes Hobbit , I agree with what you say however ,

The Agent we were dealing with was directly employed by the Developers and had access to all records as to the previous owners dealing with them.

The Agent give us assurances that the dues were paid up but that we did not get this in writing I accept is a failure on our part and that of our Lawyer whom we paid to represent our interest.

[JJReyes]

Legally, you can be held responsible but it is highly unlikely the developer will take you to court.  I assume the unpaid dues are relatively small and not worth the cost in time or money to litigate.  You may also have recourse because it sounds like the resale was handled by an authorized agent of the developer.  The developer would therefore be aware of the resale and have the opportunity to file a claim on the proceeds of the sale.  Chances are you will be sent letters of demand and even threats, but a court case will never be filed.  (There is no such thing as a small claims court in the Philippines.)

[Jack Peterson]

10 minutes ago, JJReyes said:

(There is no such thing as a small claims court in the Philippines.)

 

*****Small Claims in the Philippines. The Revised Small Claims Procedure was developed by the SupremeCourt to provide a simple, speedy, and inexpensive means of dispute settlement in courts.*******

 Just so we will all know 

 

https://www.fnslaw.com.ph/small-claims-cases/

 

[insite]

Thanks JJ - most likely you are correct however there is a a newly appointed ( and not elected ) Board of Directors taking control who are about to start disconnecting the water supply for all delinquent accounts so the upper hand goes to them in this regard - this is provided for in the SD rules

[Dave Hounddriver]

1 hour ago, insite said:

there is a a newly appointed ( and not elected ) Board of Directors taking control who are about to start disconnecting the water supply for all delinquent accounts so the upper hand goes to them in this regard - this is provided for in the SD rules

And that is why I went to a lawyer over something similar.  He told me to pay.  Cost me 1000 pesos for that info.  I give it to you for free.