Petitioner
Megaworld Globus Asia
Respondent
Mila S. Tanseco
Citation
G.R. No. 181206
Court
Supreme Court
Division
Second Division
Decided
October 9, 2009

Summary

This case involves a pre-selling condominium contract between Megaworld and buyer Tanseco. Despite Tanseco's faithful payment of installments, Megaworld failed to deliver the unit by the October 31, 1998 deadline or the 6-month grace period. When Megaworld attempted delivery in 2002, Tanseco demanded refund instead. The Supreme Court ultimately ruled in favor of Tanseco, applying Civil Code provisions on reciprocal obligations and finding that the 1997 financial crisis was not force majeure for a real estate developer. The Court ordered cancellation of the contract, full refund with interest, and damages. This decision reinforces buyer protection in pre-selling arrangements and establishes important precedents regarding force majeure in real estate contracts, while emphasizing the need to deter unfair practices in the growing pre-selling industry.

Statutes applied

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By the Intellegal Editorial Board · October 9, 2009

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