The Legal Side of Real Estate

[rapidfayr]

The father is a compulsory heir of the lolo/lola. A disagreement between them does not constitute sufficient grounds for disinheritance.

if the owner of the property, the grandfather in this case, dies without a written will, the property will be subject to extra judicial settlement. the wife (grandmother) and all the children will have their share. but if there is a written will, its a different story.

 

too many complications.

[-wet-]

it is uncommon for parents not to forgive their children whatever the cause. im very positive that this case can settled out from legal proceedings. maari pa siguro magpatayan ang magkakapatid. but in this case, si lola (naku lalo na at nanay pa ni dad) lalambot din yan.

 

my personal advise... mahinahon na paguusap at respeto sa isat-isa.

Edited June 10, 2009 by -wet-

[play_boi]

good day! mag tatanung lang sana po ako sa mga lawyers dito. heres the situation

may bibilihin po kaming property. we found out that the title is not yet transfered to the seller mula ng kinuha nya sa isang company nung 10 to 15 years ago. so hawak nya ang title meron din na deed of sale from the company pero hindi notarized.

 

ngayon nung bibilihin na namin ang sabi nya mas ok kung hindi na muna i transfer from the company to him pero ang gusto sana namin eh i transfer from company to him (seller) and seller to us. ang sabi nya lalaki daw ang taxes so we decided na sige ok lang pero nung hinahanap na namin ang company ang problem yata eh dissolved na ang company! so paano mag execute ng deed of sale ang company? ano ba dapat ang mga hihingiin na docs? anong dapat pong transaction para malipat from the company to us?

 

TIA

 

 

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another question po paano malalaman na ang lot na bibilihin ay walang ibang nag ke claim? thanks

[Dr_PepPeR]

good day! mag tatanung lang sana po ako sa mga lawyers dito. heres the situation

may bibilihin po kaming property. we found out that the title is not yet transfered to the seller mula ng kinuha nya sa isang company nung 10 to 15 years ago. so hawak nya ang title meron din na deed of sale from the company pero hindi notarized.

 

ngayon nung bibilihin na namin ang sabi nya mas ok kung hindi na muna i transfer from the company to him pero ang gusto sana namin eh i transfer from company to him (seller) and seller to us. ang sabi nya lalaki daw ang taxes so we decided na sige ok lang pero nung hinahanap na namin ang company ang problem yata eh dissolved na ang company! so paano mag execute ng deed of sale ang company? ano ba dapat ang mga hihingiin na docs? anong dapat pong transaction para malipat from the company to us?

 

TIA

 

You need the following documents from the company:

1. Copy of SEC Certificate of Registration

2. Copy of Articles of Incorporation

3. Copy of By-Laws

4. Original of the Board Resolution or Secretary's Certificate authorizing the sale of the land to you and designating the authorized signatories thereto

5. TIN of the Company and the authorized signatories.

 

If the company doesn't exist, your Seller has a problem. Ask him to provide those documents otherwise he should transfer the title first to his name.

 

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another question po paano malalaman na ang lot na bibilihin ay walang ibang nag ke claim? thanks

 

 

Check the annotations/encumbrances at the back of the title in the Registry of Deeds.

[play_boi]

wow!! thanks a lot dr pepper! follow up question sir. if the company does exist is it safe for us to follow these ff suggestions from him

 

1. he will not transfer the property to him anymore instead, he will make another DOS and ask the company to do the transfer of ownership? to avoid double taxes

 

2. he will make another DOS (from him to US w/ the real price) aside from the DOS of company to us?

 

thanks

[Dr_PepPeR]

wow!! thanks a lot dr pepper! follow up question sir. if the company does exist is it safe for us to follow these ff suggestions from him

 

1. he will not transfer the property to him anymore instead, he will make another DOS and ask the company to do the transfer of ownership? to avoid double taxes

 

2. he will make another DOS (from him to US w/ the real price) aside from the DOS of company to us?

 

thanks

 

1. That's OK for as long as it is his responsibility to have the title registered in your name. Remember, you know nothing about the company and if their documentation is flawed you will not be able to have the title transferred to your name.

 

2. This is more expensive to whoever pays the Capital Gains Tax, but this would really be the proper way to do it.

 

Whatever method you use, I still suggest that full payment be withheld until the title is transferred to your name. The seller should ensure the new title is issued in your name.

[play_boi]

youve been very helpful!! thanks a lot ill keep you posted with the progress. God bless

[play_boi]

hi sir! at last the seller decided to transfer it from the company to the seller and seller to us. kaya lang sir ok lang ba na 2 DOS ang ipapasok para pag transfer eh deretso na from the company to us? or kelangan talaga ilipat muna sa name nila or one transaction at a time? kasi sabi pwede naman daw ng katulad ng unang binaggit ko na 2 DOS na lang ang ipapasok para hindi na humaba ang waiting time.

 

another question po

paalis na kasi ng bansa ang kapatid ko. yung bibili ng lot na yan, ano po kayang dapat na docs ang i produce dahil maiiwan lang sila mag asawa ng SPA sa akin. ano pa po kaya mga requirements ang dapat nila iwan para hindi na sila ma hassle pag nasa ibang bansa na?

 

thanks

[Dr_PepPeR]

hi sir! at last the seller decided to transfer it from the company to the seller and seller to us. kaya lang sir ok lang ba na 2 DOS ang ipapasok para pag transfer eh deretso na from the company to us? or kelangan talaga ilipat muna sa name nila or one transaction at a time? kasi sabi pwede naman daw ng katulad ng unang binaggit ko na 2 DOS na lang ang ipapasok para hindi na humaba ang waiting time.

 

another question po

paalis na kasi ng bansa ang kapatid ko. yung bibili ng lot na yan, ano po kayang dapat na docs ang i produce dahil maiiwan lang sila mag asawa ng SPA sa akin. ano pa po kaya mga requirements ang dapat nila iwan para hindi na sila ma hassle pag nasa ibang bansa na?

 

thanks

 

Yes, you can have the Registry of Deeds process the two Deeds of Sale simultaneously. Make sure your seller does that for you, because capital gains tax will have to be paid at the BIR, which can also be a long process, and then something else may happen when you go to the Registry of Deeds, like unacceptable documents or missing documents. An SPA is sufficient, just make sure it is acceptable to the Registry of Deeds.

[JohnMayall]

I own a condo and am considering selling it to a prospective party as a private sale. I think I know how to proceed but need advice on a few topics.

 

Who pays for the DOS?

How much should the DOS cost?

How does the seller know the buyer has paid the full cost of the condo before sigining a DOS?

How and when does the seller pay capital gains tax?

[Dr_PepPeR]

I own a condo and am considering selling it to a prospective party as a private sale. I think I know how to proceed but need advice on a few topics.

 

Who pays for the DOS?

How much should the DOS cost?

How does the seller know the buyer has paid the full cost of the condo before sigining a DOS?

How and when does the seller pay capital gains tax?

 

If you mean DOS = Deed of Sale:

1. Normally the Seller but sharing of expenses can be negotiated.

2. Usually you can just copy a DOS but there are other expenses like documentary stamps (I think it's 1.50 for every 1K but you should check), notarial fee (depends on what you can get away with from the Notary) and if you get a lawyer to prepare your DOS, the fee (depends on what you can get away with.)

3. When he receives the cash.

4. The seller goes to the BIR then files a return for the capital gains tax, showing a copy of the Deed of Sale. CGT should be paid within 30 days from the date of notarization of the DOS.

[JohnMayall]

If you mean DOS = Deed of Sale:

1. Normally the Seller but sharing of expenses can be negotiated.

2. Usually you can just copy a DOS but there are other expenses like documentary stamps (I think it's 1.50 for every 1K but you should check), notarial fee (depends on what you can get away with from the Notary) and if you get a lawyer to prepare your DOS, the fee (depends on what you can get away with.)

3. When he receives the cash.

4. The seller goes to the BIR then files a return for the capital gains tax, showing a copy of the Deed of Sale. CGT should be paid within 30 days from the date of notarization of the DOS.

 

 

Thanks for the info.

[SINless]

I own a condo and am considering selling it to a prospective party as a private sale. I think I know how to proceed but need advice on a few topics.

 

Who pays for the DOS?

How much should the DOS cost?

How does the seller know the buyer has paid the full cost of the condo before sigining a DOS?

How and when does the seller pay capital gains tax?

If you mean DOS = Deed of Sale:

1. Normally the Seller but sharing of expenses can be negotiated.

2. Usually you can just copy a DOS but there are other expenses like documentary stamps (I think it's 1.50 for every 1K but you should check), notarial fee (depends on what you can get away with from the Notary) and if you get a lawyer to prepare your DOS, the fee (depends on what you can get away with.)

3. When he receives the cash.

4. The seller goes to the BIR then files a return for the capital gains tax, showing a copy of the Deed of Sale. CGT should be paid within 30 days from the date of notarization of the DOS.

As an aside, normally the seller has to pay for pretty much for everything except for the Documentary Stamps, Registration (at the RD), and the transfer of the tax declaration. However most of those can be negotiated. Just remember to collect ALL the requirements of the BIR, the Assessor's Office, the Treasurer's Office, and the RD before signing the DoS, otherwise the time limitations for certain items may get you or your buyer penalized.

 

The standard list of requirements are:

Certified True Copy of the CTC/TCT (Condominium Transfer Certificate/Tranfer Certificate of Title for non-condo) at least 2, better to have 3 copies. One is required by the BIR, one is required by the City Treasurer's Office, sometimes the City Assessor's Office also requires them depending on which city.

Certified True Copy of the Tax Declaration, again at least 2 copies, better to have 3. BIR and the Register of Deeds both require them, and sometimes so does the City Treasurer's Office.

Certification of Tax Payment

Notarized Deed of Sale (at least 6 copies - 1 for the notary, 1 for you, 1 for the buyer, 1 for the BIR/Treasurer's Office to stamp and will ultimately be taken by the RD, sometimes the City Assessor wants a copy as well, so 6 is a safe number.)

 

Just remember, the time limits

Capital Gains Tax - 30 days after execution of deed of sale

Documentary Stamps - on the 5th of the following month after the execution of deed of sale

Transfer Tax - 60 days after execution of deed of sale

Edited July 21, 2009 by SINless

[Dr_PepPeR]

If you mean DOS = Deed of Sale:

1. Normally the Seller but sharing of expenses can be negotiated.

2. Usually you can just copy a DOS but there are other expenses like documentary stamps (I think it's 1.50 for every 1K but you should check), notarial fee (depends on what you can get away with from the Notary) and if you get a lawyer to prepare your DOS, the fee (depends on what you can get away with.)

3. When he receives the cash.

4. The seller goes to the BIR then files a return for the capital gains tax, showing a copy of the Deed of Sale. CGT should be paid within 30 days from the date of notarization of the DOS.As an aside, normally the seller has to pay for pretty much for everything except for the Documentary Stamps, Registration (at the RD), and the transfer of the tax declaration. However most of those can be negotiated. Just remember to collect ALL the requirements of the BIR, the Assessor's Office, the Treasurer's Office, and the RD before signing the DoS, otherwise the time limitations for certain items may get you or your buyer penalized.

 

The standard list of requirements are:

Certified True Copy of the CTC/TCT (Condominium Transfer Certificate/Tranfer Certificate of Title for non-condo) at least 2, better to have 3 copies. One is required by the BIR, one is required by the City Treasurer's Office, sometimes the City Assessor's Office also requires them depending on which city.

Certified True Copy of the Tax Declaration, again at least 2 copies, better to have 3. BIR and the Register of Deeds both require them, and sometimes so does the City Treasurer's Office.

Certification of Tax Payment

Notarized Deed of Sale (at least 6 copies - 1 for the notary, 1 for you, 1 for the buyer, 1 for the BIR/Treasurer's Office to stamp and will ultimately be taken by the RD, sometimes the City Assessor wants a copy as well, so 6 is a safe number.)

 

Just remember, the time limits

Capital Gains Tax - 30 days after execution of deed of sale

Documentary Stamps - on the 5th of the following month after the execution of deed of sale

Transfer Tax - 60 days after execution of deed of sale

 

Now this is expert advice, from a true professional.

[play_boi]

Hello magandang Hapon po. mag tanong lang sana ako regarding illegal squaters. may target na bilihin na property ang client ko. kaya lang po nung nakita nya may illegal squater pero nag sisimula pa lang mag bakod. there was one time na pinuntahan nila para kausapin pero galit pa yung mag i squat. yung bibilhan nya ipanapa ubaya na ang pag papaalis dun sa client ko kaya lang hindi nya alam kung kaninong tao sya lalapit. sa baranggay? sa city hall? sa police?

 

hindi pa naman actualy nag squat nag lalagay pa lang ng bakod pero may nag babantay. ano po ang best na gawin dito?

 

TIA

[swami]

Hello magandang Hapon po. mag tanong lang sana ako regarding illegal squaters. may target na bilihin na property ang client ko. kaya lang po nung nakita nya may illegal squater pero nag sisimula pa lang mag bakod. there was one time na pinuntahan nila para kausapin pero galit pa yung mag i squat. yung bibilhan nya ipanapa ubaya na ang pag papaalis dun sa client ko kaya lang hindi nya alam kung kaninong tao sya lalapit. sa baranggay? sa city hall? sa police?

 

hindi pa naman actualy nag squat nag lalagay pa lang ng bakod pero may nag babantay. ano po ang best na gawin dito?

 

TIA

 

 

Alisto dapat jan pre. bago pa makapag squat, ipa police or barangay nyo na agad, to remove the fences/bakod. the moment the structure has become more or less permanent, you will have to file an ejectment case before you can evict them.

 

Ganito diskarte: pa execute kayo dun sa owner ng spa, authorizing you to protect and take care of the property. yun ang gamitin nyong basis for going to the police/barangay.

 

wag nyo antayin makapagtayo ng structure. kailangan nyo pang kasuhan yan pag may structure na.

[SINless]

Now this is expert advice, from a true professional.

Professional what? :hypocritesmiley: Greetings my maester.

 

Hello magandang Hapon po. mag tanong lang sana ako regarding illegal squaters. may target na bilihin na property ang client ko. kaya lang po nung nakita nya may illegal squater pero nag sisimula pa lang mag bakod. there was one time na pinuntahan nila para kausapin pero galit pa yung mag i squat. yung bibilhan nya ipanapa ubaya na ang pag papaalis dun sa client ko kaya lang hindi nya alam kung kaninong tao sya lalapit. sa baranggay? sa city hall? sa police?

 

hindi pa naman actualy nag squat nag lalagay pa lang ng bakod pero may nag babantay. ano po ang best na gawin dito?

 

TIA

Alisto dapat jan pre. bago pa makapag squat, ipa police or barangay nyo na agad, to remove the fences/bakod. the moment the structure has become more or less permanent, you will have to file an ejectment case before you can evict them.

 

Ganito diskarte: pa execute kayo dun sa owner ng spa, authorizing you to protect and take care of the property. yun ang gamitin nyong basis for going to the police/barangay.

 

wag nyo antayin makapagtayo ng structure. kailangan nyo pang kasuhan yan pag may structure na.

The actual owner has to file a complaint, or someone with a notarized special power of attorney. File the complaint on both the police and barangay levels, with a written complaint attached to the notarized special power of attorney (photocopy) and with a duplicate copy for the police and barangay to receive it (don't forget to ask them to date the receiving of your complaint), then with a photocopy of both complaint forms, bring it up to the municipal/city level. Your client will probably also have to slip some grease money to these people to act quickly.

[timog]

Kailangan pa ho ba ng permit para ipaayos ang isang bahay? Sira na kasi ang bibilhin kong bahay. Balak kong ipaayos - pintura, papalitan ng mga bintana, pinto, gate. Wala namang babaguhin sa structure nya at division.

 

Kasi kung mayroon, balak kong ibawas sa presyo ng babayaran ko para sa bahay.

[SINless]

Kailangan pa ho ba ng permit para ipaayos ang isang bahay? Sira na kasi ang bibilhin kong bahay. Balak kong ipaayos - pintura, papalitan ng mga bintana, pinto, gate. Wala namang babaguhin sa structure nya at division.

 

Kasi kung mayroon, balak kong ibawas sa presyo ng babayaran ko para sa bahay.

Its best to check with the city engineer's office, some areas don't require a building for minor renovations, but the definition of minor renovations vary from city to city, from municipality to municipality.

[play_boi]

thanks swami and sinless! nag sisimula pa lang sila.. mga kahoy pa lang ang mga naka bakod pero nag aasintada na ng mga hallowblocks kaya ill tell the owner about what you said. nag punta na kami saupao sa demolition team ng city hall. and sa monday pupuntahan na. i dederetso na pa bakudan kaya lang nag hihintay pa lang ng fencing permit. ok lang ba na bakuran na maski hindi pa released ang permit?

[SINless]

thanks swami and sinless! nag sisimula pa lang sila.. mga kahoy pa lang ang mga naka bakod pero nag aasintada na ng mga hallowblocks kaya ill tell the owner about what you said. nag punta na kami saupao sa demolition team ng city hall. and sa monday pupuntahan na. i dederetso na pa bakudan kaya lang nag hihintay pa lang ng fencing permit. ok lang ba na bakuran na maski hindi pa released ang permit?

 

Depends on how close the owner is with the City Government, generally though you have to wait for it, though it is only a few hours for that to be released.

[Obese_F]

My friend is in need of an advice. Nakatira kasi sila sa isang NHA project na matatamaan ng Rail Linkage Project ng government. Though hindi naman maapektuhan directly ang bahay nila kasi may bahay pa betwen their house and the railroad. May required number of meters kasi from the railroad dun sa residential area. Until now hindi klaro sa kanila kung 17 meters or 20 meters. Yugn bahay between sa bahay nila at dun sa railroad eh hinarangan ang eskinita na daanan na dati pa ng mga tao dun. Ang rason nung nakatira dun eh base raw sa NHA housing project, sakop nila yun. kung baga kasama sa 21 sq. meters ng lupa na sakop niya. Ang siste, pare-pareho silang wala pang titulo to claim kung ano ang talaga ang sukat ng houses nila at ang mga boundary. apektado ang apat na pamilya sa ginawang paghaharang o pagsasara ng eskinita. Imbes na easy-access papuntang railway ala nang madaanan ang mga 4 families. what they fear most is paano kung magkasunog since dikit-dikit ang NHA housing na yun.

Ano kaya ang maganda i-advicde sa kanya? yung kapitbahay nila eh pinapagawa pa yugn bahay niya kahit wlang titulo pa at walang building permit. sa manila ang area nila.

[SINless]

My friend is in need of an advice. Nakatira kasi sila sa isang NHA project na matatamaan ng Rail Linkage Project ng government. Though hindi naman maapektuhan directly ang bahay nila kasi may bahay pa betwen their house and the railroad. May required number of meters kasi from the railroad dun sa residential area. Until now hindi klaro sa kanila kung 17 meters or 20 meters. Yugn bahay between sa bahay nila at dun sa railroad eh hinarangan ang eskinita na daanan na dati pa ng mga tao dun. Ang rason nung nakatira dun eh base raw sa NHA housing project, sakop nila yun. kung baga kasama sa 21 sq. meters ng lupa na sakop niya. Ang siste, pare-pareho silang wala pang titulo to claim kung ano ang talaga ang sukat ng houses nila at ang mga boundary. apektado ang apat na pamilya sa ginawang paghaharang o pagsasara ng eskinita. Imbes na easy-access papuntang railway ala nang madaanan ang mga 4 families. what they fear most is paano kung magkasunog since dikit-dikit ang NHA housing na yun.

Ano kaya ang maganda i-advicde sa kanya? yung kapitbahay nila eh pinapagawa pa yugn bahay niya kahit wlang titulo pa at walang building permit. sa manila ang area nila.

First of all they have to file a complaint with their barangay, then bring a copy of that complaint to the City Engineer's Office.

[Red light]

Good afternoon maestros!

 

I bought a subdivision lot in Bulacan developed by a 'big player' when it comes to real estate. It was fully paid as of last year pa, and was constantly asking the developer via phone for the title (TCT right?). I'm aware of the fee that I need to pay (around 40T plus; CGT right?). They sad the title is not ready because it was still not released by some person/company, and I thought the title should directly come from them since they are the developer. Anyway my questions are:

 

(1) Is there a legal basis for demanding for the TCT which you have fully paid (since last year)? Can I threat them with legal actions?

(2) Does the purchase comes with a drawn survey with technical description of the subdivision lot? I assume it does, but to make sure, I'll take your advise on this one.

 

By the way, I cannot accept an excuse by the developer that all other purchased lot titles has not been released, because I recently visited the subdivision and there are about 5 finished and 10 or more on-going construction. Thanks in advance for your expert advise and hope to see these familiar names in the Clubs/KTV forums!

[swami]

Good afternoon maestros!

 

I bought a subdivision lot in Bulacan developed by a 'big player' when it comes to real estate. It was fully paid as of last year pa, and was constantly asking the developer via phone for the title (TCT right?). I'm aware of the fee that I need to pay (around 40T plus; CGT right?). They sad the title is not ready because it was still not released by some person/company, and I thought the title should directly come from them since they are the developer. Anyway my questions are:

 

(1) Is there a legal basis for demanding for the TCT which you have fully paid (since last year)? Can I threat them with legal actions?

(2) Does the purchase comes with a drawn survey with technical description of the subdivision lot? I assume it does, but to make sure, I'll take your advise on this one.

 

By the way, I cannot accept an excuse by the developer that all other purchased lot titles has not been released, because I recently visited the subdivision and there are about 5 finished and 10 or more on-going construction. Thanks in advance for your expert advise and hope to see these familiar names in the Clubs/KTV forums!

 

Check first all the contracts/agreements you signed with the developer. Verify any provisions therein which will justify them to withhold the release of the tct. Even the technical description you're looking for may be indicated in any of those contract/agreements.

 

Of course, you could compel them to deliver to you the tct through legal actions.