Unlawful Detainer Filed Against Me as Buyer Under Notarized Contract to Sell – How to Secure Full Refund?
I’m seeking guidance regarding a property dispute. Here’s the situation:
I entered into a notarized Contract to Sell for a house worth ₱7.7 million.
I have already paid approximately ₱4.8 million to the seller.
The contract includes a clause stating that if the balance is not fully paid, the buyer shall vacate the property, and the seller must return all amounts paid.
I have been granted possession of the property under the contract.
Recently, the seller filed an unlawful detainer case against me, claiming I have no right to occupy the property.
I am represented by a lawyer, and we are considering filing a counterclaim for specific performance to protect my payments.
My goal is to secure a 100% refund of all amounts paid (₱4.6M) before any eviction occurs, based on the clause in the notarized contract.
My questions:
What is the best legal approach to enforce the refund under these circumstances?
How does filing a counterclaim for specific performance interact with the unlawful detainer case?
Are there any risks or pitfalls I should be aware of to avoid losing leverage or money?
Any advice or insights on the legal strategy to ensure full refund would be greatly appreciated.
Thank you.
Avukat Yanıtları
CAGUIA TAN & CUA Law Offices
Romano Law Office
The problem with making a counterclaim for specific performance under an unlawful detainer case is the possibility that the court will evict you first pending your counterclaim, which you don't want to happen. If you think you have a valid reason for not paying the full price, you may consider going for rescission of your contract plus damages. This way, even if you get evicted before getting a refund of the whole amount you paid, at least you will get extra amount in the form of damages on top of the amount you already paid to the seller.
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