HLURB imposes stricter rules to deter pre-selling scams - VP Binay
By OVP Media
July 2, 2012
MANILA – Vice President Jejomar C. Binay said the Housing and Land
Use Regulatory Board (HLURB) will now require real estate developers,
brokers and contractors to strictly comply with rules on requisite
permits before they could sell housing units.
Binay said HLURB Chief Executive Officer Antonio Bernardo met with
officers of the Subdivision and Housing Developers Association (SHDA)
and discussed various complaints of homebuyers.
Bernardo noted that some developers market lots or housing units of
their projects even without having complied with certain HLURB
requirements.
“Some developers offer attractive and lower prices and incentives to
prospective buyers during the pre-selling stage. This is done to
ensure a successful marketing strategy while at the same time avoiding
paying a premium for the cost of developing and completing the
project,” Binay said.
“Hence, the law has set certain guidelines to safeguard the interest
of the buying public,” he added.
Binay reminded developers that under PD 957, otherwise known as “The
Subdivision and Condominium Buyer’s Protective Decree”, a project
developer, owner or dealer may not sell any subdivision lot or
condominium units unless it first obtains a license to sell from HLURB.
The same law defines “sale” or “sell” as “every disposition, or
attempt to dispose, for a valuable consideration, of a subdivision
lot, including the building and other improvements thereof, if any, in
a subdivision project or a condominium unit in a condominium project.”
Binay said this mode of disposition includes a contract to sell, a
contract of purchase and sale, an exchange, an attempt to sell, an
option of sale or purchase, a solicitation of a sale, or an offer to
sell, directly or by an agent, or by a circular, letter, advertisement
or otherwise.
Meanwhile, the SHDA promised to cooperate with HLURB and to remind its
members to comply with the rules on registration and issuance of
license to sell for residential subdivision or condominium project.
The HLURB is the national government agency tasked with regulating the
real estate industry.