THE proprietor of a real estate consultancy services company has filed a civil case against developer Sunkailand Inc., alleging breach of contract and failure in the performance of an obligation, in a bid to compel the developer to release over P7 million in unpaid commissions and a promised car.
In a complaint filed on Feb. 3, 2023 at the Regional Trial Court Branch 5 of Cebu City, Von Jeric Tima-an, a licensed real estate broker and the proprietor of Bepro Cebu Real Estate Property Consultancy and Services, said that in 2015, he and Sunkailand entered into a contract that stated that the developer would pay a five percent commission for each sale of condominium units and/or parking spaces in Sunvida Tower, based on the total selling price of the units.
Sunkailand is the developer and owner of Sunvida Tower located on Juan Luna Ave. Ext. in the North Reclamation Area in Cebu City.
The commissions should have been paid by the end of 2019, but according to the complaint, Sunkailand has refused to pay Tima-an the P7,196,451.25 worth of commissions.
Tima-an said Sunkailand “already incurred delay by failing to fulfill its obligation despite valid demand.”
From May 12, SunStar Cebu reached out to Sunkailand through the cellphone number indicated on its Facebook page, and a landline number, but no one picked up the calls.
SunStar also visited the Sunkailand office on Juan Luna Ave. on Friday, May 26; however, after inquiring with the office personnel inside, the security guard relayed the message that the office staff did not wish to make any comment or give a statement on the matter.
According to Tima-an, he and his team of agents made 106 sales transactions worth a total of P192.53 million that entitled them to commissions worth P9.63 million, of which only P2.43 million had been released.
The balance of P7.2 million, however, has not been released despite repeated demands for payment, including an Aug. 20, 2019 demand to Sunkailand addressed to its president and chief executive officer Ferdinand Tio and a Dec. 16, 2020 final demand, despite the accompanying “threat to enforce the claim by judicial action.”
Tima-an also alleged that he is owed a Kia Picanto, which he said Sunkailand had made a “promise and voluntary commitment” to give for meeting a sales target.
In his complaint, Tima-an asked the court to have Sunkailand pay the 7,196,451.25 in outstanding commissions, along with a “reasonable amount of interest” from when the amount should have been paid; P300,000 in moral damages, P200,000 in exemplary damages, litigation expenses; as well as deliver his Kia Picanto car. (EKV, CTL)