“Conflict cannot survive without your participation.” WAYNE DYER
By Alex P. Vidal
Instead of being mad at IVQ Landholdings, Inc., Thomas “Tom” Patrick Joseph Doyle should be thankful that the realty company did not forfeit his downpayment for the purchase of a subdivision lot in Arevalo district, Iloilo City when he failed to settle his monthly amortization on time.
This was the contention made by IVQ Landholdings, Inc. president Ian Eric Pama in an exclusive interview at the Promenade of Days Hotel March 6.
“Under the Maceda Law,” Pama pointed out, “we have the option of full forfeiture of Mr. Doyle’s money after he failed to honor his obligation to pay the monthly amortization as stipulated in the contract.”
Mr. Doyle had been remiss on his monthly payment obligations, asserted Pama, who was accompanied by his vice president Joel Nermal, lawyer GV Eutiquio Cunada, and three female sales executives.
“But instead of forfeiting his downpayment, we did not touch him for one year. We even assisted him in finding a buyer for the lot when he could no longer sustain the monthly payment,” added Pama, who is also president of Valiant Bank, sister company of the IVQ Landholdings, Inc.
Nermal, who admitted meeting Doyle only once, confirmed that “Doyle was already due for forfeiture but we gave him a chance after he came to us and made an appeal.”
Nermal denied Doyle’s accusation that they swindled him. Doyle had claimed that his application for a loan to pay the remaining balance of P1,7393,140 at Valiant Bank was denied because he is 76 years old and an alien. Doyle and wife Mesalie had paid a total downpayment of P348,285 for the subdivision lot worth P1,741,425 on Princedale Residences at Yulo St., Arevalo district.
Had he known that his application for a loan would be rejected, Doyle said he would not have bought the property.
But Nermal said it was Doyle himself who informed them he was able to secure a loan from Wealthbank on Ledesma St. after he presented a collateral to the bank.
“We learned that his application was approved but only for a short term,” disclosed Nermal.
Nermal also denied giving Dolye a run around every time the Australian national went to their office on Mabini St. “We are not shrugging him away. The problem is every time Mr. Doyle arrived, he was already agitated to the point that it’s impossible to deal with him civilly.”
“If he will only approach us professionally and refrain from his armed force-style demands out of logical reason, we are always willing to sit down and come up with a solution,” explained Nermal.
Nermal said they continued to accommodate Doyle despite his “abrasive” behavior “for humanitarian reason considering that he is already old and a foreigner.”
Cunada described Doyle’s case as “fund-management” problem.
“Mr. Doyle is actually changing his tune. He wants us to dance on his own tempo. First he insisted before the Housing and Land Use Regulatory Board (HLURB) that he wanted to go on with the deal based on his own terms. Then he wanted a refund,” the lawyer observed.
“The IVQ Landholdings can’t control his own finances. He has to honor his obligations in the contract to sell.”
IVQ Landholdings denied there is another contract to sell aside from the one signed by the Doyle couple, Pama, and witnesses Winie Gopio and Beverly Vargas dated Nov. 27, 2012 and notarized by lawyer Mary Milagros Hechanova.
The other paper, a “reservation agreement” bearing the signatures of the Doyle couple dated October 10, 2011, is not a contract because only the couple signed it, Cunada insisted.
“Anybody can use a Microsoft word and type a contract,” Cunada said.
Cunada showed a copy of Mesalie’s hand-written note to IVQ Landholdings, Inc. dated November 23, 2012 where she appealed that they be allowed to “start paying our bridge financing start (sic) on January 28, 2013.”
Cunada said the act of Doyle in claiming that he was a victim of fraud is not fair. “He is appealing on emotion and using the culture of Filipinos,” he said.
Cunada added: “Doyle can’t claim a full refund (of the amount he paid for downpayment) because IVQ is not at fault.”
Pama said they are willing to abide by the HLURB order to refund Doyle “but we have to deduct some expenses including administrative costs.”
“The HLURB decision is not yet final so we cannot reveal the other details of the case for fear of subjudice,” Cunada contended.
Doyle said he sacked his lawyer Rey Candido “for not following what I want.” He wanted a refund of the total amount he paid for downpayment “plus interest of 18 percent per annum.”
Pama said “it is beneficial on our part if we refund Mr. Doyle so we can resell the property which has gone up from its original price since 2011.”
Pama said they have no problem disposing off the property because their subdivision lots are sold out.