The Legal Side of Real Estate

[moichi]

Sirs,

 

Meron pong lote na binebenta sa kapatid ko. In an area where the lots sell for 5k per sqm, the lot offer is 100sqm at 1M. Sabi ko sa kanya, doble ang turing ng lote. And nung binisita ko yung property wala naman pong special doon.

 

Question po: In buying property such as this, what exactly are we supposed to pay for? At bakit dobel ang presyo ng lote? Pwede po ba yun?

 

Advise lang po sana.

 

TIA!

[rocco69]

1. In buying property such as this, what exactly are we supposed to pay for? you pay for the land, plus whatever other advantages it gives you

 

2. bakit doble ang presyo ng lote? yun ang ang gusto nilang i-presyo sa lote

 

3. Pwede po ba yun? pwede yun. in fact, kahit triple, o sampung beses na mas mahal sa presyo ng katabing lote, pwede. nasa kagustuhan ng seller yun. ang tanong, me bibili ba sa presyong gusto nila. wala namang pumipilit sa inyo na bilhin ang loteng yan. ngayon, sabi nyo ang market price sa lugar na yan ay P5k per sqm. kung gusto ng kapatid mo na magpakatanga at bibilhin nya ang lote sa 10k per sqm., go. pero, kung gagamitin nya ang utak nya, maghahanap na lang siya sa lugar na yan ng magbebenta ng lote at P5k per sqm, tutal wala namang special sa loteng inaalok sa inyo.

 

Sirs,

 

Meron pong lote na binebenta sa kapatid ko. In an area where the lots sell for 5k per sqm, the lot offer is 100sqm at 1M. Sabi ko sa kanya, doble ang turing ng lote. And nung binisita ko yung property wala naman pong special doon.

 

Question po: In buying property such as this, what exactly are we supposed to pay for? At bakit dobel ang presyo ng lote? Pwede po ba yun?

 

Advise lang po sana.

 

TIA!

[moichi]

1. In buying property such as this, what exactly are we supposed to pay for? you pay for the land, plus whatever other advantages it gives you

 

2. bakit doble ang presyo ng lote? yun ang ang gusto nilang i-presyo sa lote

 

3. Pwede po ba yun? pwede yun. in fact, kahit triple, o sampung beses na mas mahal sa presyo ng katabing lote, pwede. nasa kagustuhan ng seller yun. ang tanong, me bibili ba sa presyong gusto nila. wala namang pumipilit sa inyo na bilhin ang loteng yan. ngayon, sabi nyo ang market price sa lugar na yan ay P5k per sqm. kung gusto ng kapatid mo na magpakatanga at bibilhin nya ang lote sa 10k per sqm., go. pero, kung gagamitin nya ang utak nya, maghahanap na lang siya sa lugar na yan ng magbebenta ng lote at P5k per sqm, tutal wala namang special sa loteng inaalok sa inyo.

 

salamat po ng marami!

[LoneTiger]

is the installment Buyer required to pay the Real Estate Tax even if nasa name pa ng Developer ang property?

[redblack]

is the installment Buyer required to pay the Real Estate Tax even if nasa name pa ng Developer ang property?

 

It depends. If the contract states that you are also answerable for the Real Property Tax even if the developer still holds title to the property, then you are going to pay for the RPT. Usually the contract has a provision as to who answers for the RPT during the lifetime of the contract. But if it does not state who pays for the RPT, its the registered owner who pays for the RPT, since as far as the city government is concerned he is the taxpayer on record. However, make sure that the RPT payments are updated, since if the developer does not pay it, the city or municipal government may collect the unpaid RPT, seize the lot and sell it at auction; that is even if it is subject to a contract to sell or contract of sale. If you do not check on it regularly you may be saddled with unpaid RPT and prevent eventual transfer of the title to the property to your name.

[LoneTiger]

It depends. If the contract states that you are also answerable for the Real Property Tax even if the developer still holds title to the property, then you are going to pay for the RPT. Usually the contract has a provision as to who answers for the RPT during the lifetime of the contract. But if it does not state who pays for the RPT, its the registered owner who pays for the RPT, since as far as the city government is concerned he is the taxpayer on record. However, make sure that the RPT payments are updated, since if the developer does not pay it, the city or municipal government may collect the unpaid RPT, seize the lot and sell it at auction; that is even if it is subject to a contract to sell or contract of sale. If you do not check on it regularly you may be saddled with unpaid RPT and prevent eventual transfer of the title to the property to your name.

 

thanks for the info

[Itto Ogami]

greetings, dear GM-master-lawyers!

hope you could help me out.

 

just paid off the PAG-IBIG loan for my condo unit.

am scheduled to claim the CCT next month.

 

paano po arrangement sa amillar nito?

automatic po ba na yung developer ang nagbabayad

habang wala pa sa kin ang titulo?

 

if not at lilitaw na may arrears ako,

may habol po ba ako sa developer?

 

maraming salamat!

[redax]

greetings, dear GM-master-lawyers!

hope you could help me out.

 

just paid off the PAG-IBIG loan for my condo unit.

am scheduled to claim the CCT next month.

 

paano po arrangement sa amillar nito?

automatic po ba na yung developer ang nagbabayad

habang wala pa sa kin ang titulo?

 

if not at lilitaw na may arrears ako,

may habol po ba ako sa developer?

 

maraming salamat!

Post 586 answers this.

[Itto Ogami]

^many thanks, saer.

 

 

greetings, dear GM-master-lawyers!

hope you could help me out.

 

just paid off the PAG-IBIG loan for my condo unit.

am scheduled to claim the CCT next month.

 

paano po arrangement sa amillar nito?

automatic po ba na yung developer ang nagbabayad

habang wala pa sa kin ang titulo?

 

if not at lilitaw na may arrears ako,

may habol po ba ako sa developer?

 

maraming salamat!

 

It depends. If the contract states that you are also answerable for the Real Property Tax even if the developer still holds title to the property, then you are going to pay for the RPT. Usually the contract has a provision as to who answers for the RPT during the lifetime of the contract. But if it does not state who pays for the RPT, its the registered owner who pays for the RPT, since as far as the city government is concerned he is the taxpayer on record. However, make sure that the RPT payments are updated, since if the developer does not pay it, the city or municipal government may collect the unpaid RPT, seize the lot and sell it at auction; that is even if it is subject to a contract to sell or contract of sale. If you do not check on it regularly you may be saddled with unpaid RPT and prevent eventual transfer of the title to the property to your name.

[alpha quadrant]

we have a condo under my brother's name, and my mom wants to transfer it to my name. do i need to pay some taxes even though its just name transfer?

[rocco69]

yup. a so-called "name transfer" will be allowed only if the person in whose name the title will be transferred is the new owner. sa madaling salita, hindi pwede yung sasabihin nyo na "trip" nyo lang ilipat yung titulo, napapalitan lang ang nakarehistrong pangalan at naililipat sa iba kapag meron nang bagong may-ari nito - in short, para mailipat, kailangan nyong palabasin na ikaw na ang bagong may-ari ng condo, usually sa pamamagitan ng Deed of Sale o Deed of Donation. kapag deed of sale, may babayaran kayong capital gains tax. kung deed of donation - donor's tax naman. meron pang bayarin na documentary stamp tax. ang munisipyo, naniningil din ng transfer tax para sa pribilehiyong mailipat ang titulo sa pangalan ng iba.

 

bakasakaling makalusot sa taxes (suntok sa buwan) kung palalabasin nyo na hindi siya sale o donation kundi recognition lamang ng existing na ownership mo, i.e. palalabasin nyo na hindi ang kapatid mo kundi ikaw talaga ang tunay na may-ari ng condo simula't sapul; at kinikilala lamang ng kapatid mo ang tunay na ownership mo. dito, ang gagawin nyo ay hindi deed of sale o deed of donation but an acknowledgment of your ownership (pero medyo mahigpit na paliwanagan ito sa BIR, at baka sakit sa ulo lang)

 

we have a condo under my brother's name, and my mom wants to transfer it to my name. do i need to pay some taxes even though its just name transfer?

Edited January 8, 2011 by rocco69

[wildswans]

sir,

 

i would like to ask for some legal advice on a case regarding my parent's property. basically, a buyer wasn't able to fulfil his responsibility anymore and my parent's have no choice but to bring it to court. after several delaying tactics from the buyer to lenghten the court proceedings, the judge junked their memorandum to dismiss the case. the sheriff wasn't able to locate the other party to give him the notice of eviction as he have moved out of the property and he has closed down or relocated his business so the sheriff suggested that he will make a memorandum to the judge that we be allow to reposses our property since the other party is nowhere to be found. now the problem is, when the other party moved out of our property, he asked a relative to stay in the property while the case is going on and just recently we found that the relative was already gone and now the other party is renting out our property to someone else. this is really frustrating especially to my parents since they are old already and the problem is an added stress to them. by the way the property is lease to own type. i have some questions:

 

1. will the sheriff's recommendation about making a memorandum for repossesing the property since the other party can't be located work?

 

 

2. can we bribe the sheriff to go in the property and repossess it even if it's not stated in the contract that we can forcibly take possession of the property should the event that he cannot pay the monthly payment? if so, how can we deal with the tenant presently renting the property from the other party?

 

3. are there any other solution to this problem to finally get our property back and relieved some stress from my parents? i was thinking if only the property is vacant and we force our way in, we would end up getting hold of the property even if he makes an appeal compare to the situation right now where someone is renting our property, the other party might made an appeal when he finds out that we are going to drive his tenant out.

 

any info/advice will be much appreciated.

[TheSmilingBandit]

,

 

i would like to ask for some legal advice on a case regarding my parent's property. basically, a buyer wasn't able to fulfil his responsibility anymore and my parent's have no choice but to bring it to court. after several delaying tactics from the buyer to lenghten the court proceedings, the judge junked their memorandum to dismiss the case. the sheriff wasn't able to locate the other party to give him the notice of eviction as he have moved out of the property and he has closed down or relocated his business so the sheriff suggested that he will make a memorandum to the judge that we be allow to reposses our property since the other party is nowhere to be found. now the problem is, when the other party moved out of our property, he asked a relative to stay in the property while the case is going on and just recently we found that the relative was already gone and now the other party is renting out our property to someone else. this is really frustrating especially to my parents since they are old already and the problem is an added stress to them. by the way the property is lease to own type. i have some questions:

 

1. will the sheriff's recommendation about making a memorandum for repossesing the property since the other party can't be located work?

 

2. can we bribe the sheriff to go in the property and repossess it even if it's not stated in the contract that we can forcibly take possession of the property should the event that he cannot pay the monthly payment? if so, how can we deal with the tenant presently renting the property from the other party?

 

3. are there any other solution to this problem to finally get our property back and relieved some stress from my parents? i was thinking if only the property is vacant and we force our way in, we would end up getting hold of the property even if he makes an appeal compare to the situation right now where someone is renting our property, the other party might made an appeal when he finds out that we are going to drive his tenant out.

 

any info/advice will be much appreciated.

My advise is to get a court order giving you possession of the property. Does the other party have any contract of lease with your parents?

[wildswans]

My advise is to get a court order giving you possession of the property. Does the other party have any contract of lease with your parents?

 

yes sir, there's a contract of lease. actually, it's a lease to own contract but it wasn't stated that the other party cannot sublease the property nor can we padlock the gate so they cannot go inside anymore. last night, my mom told me that the sheriff's notice was already served to the other party but she wasn't sure if the other party signed it or not. we also learned that the other party removed the built in cabinets of each room as well as the railing/handle of the staircase.

[TheSmilingBandit]

yes sir, there's a contract of lease. actually, it's a lease to own contract but it wasn't stated that the other party cannot sublease the property nor can we padlock the gate so they cannot go inside anymore. last night, my mom told me that the sheriff's notice was already served to the other party but she wasn't sure if the other party signed it or not. we also learned that the other party removed the built in cabinets of each room as well as the railing/handle of the staircase.

If it was a lease to own contract and the other side violated their part of the agreement then the contract is null and void. Kick their sorry asses out of there. In fact you can (albeit with the caveat that this might cost you more than you'll get back) sue them for damages to property.

[wildswans]

If it was a lease to own contract and the other side violated their part of the agreement then the contract is null and void. Kick their sorry asses out of there. In fact you can (albeit with the caveat that this might cost you more than you'll get back) sue them for damages to property.

 

thank you sir. i'm glad to inform that we have already repossessed the property. the other party leased the property for 6 months and got 20k in deposit and advance. the tenant had all their things moved in already but the other party that we are suing asked them to leave right away due to the eviction. the tenant was so mad coz they didn't realized the other party would do such a thing and what's worst the 20k was not returned to them so they plan to sue him.

 

there are lots of things to fix...the door to the patio was missing, the parquet of the stairs are gone, the railings of the staircase was gone, the built-in cabinet of the 2BRs were gone, the window downstair was altered, the kitchen cabinet had no doors already and was few inches away from the wall, seems like they plan to take it off but wasn't able to. it would be nice to sue them for damage to property but my parents don't want to go through the stress again much more the added expenses. we will just use to money to slowly repair the damages.

 

thanks again for the advice.

[redblack]

thank you sir. i'm glad to inform that we have already repossessed the property. the other party leased the property for 6 months and got 20k in deposit and advance. the tenant had all their things moved in already but the other party that we are suing asked them to leave right away due to the eviction. the tenant was so mad coz they didn't realized the other party would do such a thing and what's worst the 20k was not returned to them so they plan to sue him.

 

there are lots of things to fix...the door to the patio was missing, the parquet of the stairs are gone, the railings of the staircase was gone, the built-in cabinet of the 2BRs were gone, the window downstair was altered, the kitchen cabinet had no doors already and was few inches away from the wall, seems like they plan to take it off but wasn't able to. it would be nice to sue them for damage to property but my parents don't want to go through the stress again much more the added expenses. we will just use to money to slowly repair the damages.

 

thanks again for the advice.

 

I have a theory about this kind of stuff, pero hindi ko lang na-implement sa client ko kasi I had to leave for the US. I had thought that since the lessor had been compelled to shell out money to cause repairs on the property, there now exists a money claim against the lessee, which may fall under the Small Claims Court. Yon nga lang up to P100,000.00 lang ang pwede mo i-claim don sa court na yon pero makakatipid yong lessor kasi no lawyers are allowed to be involved during the hearing (although pwede lawyer ang tumulong mag-prep nong mga pleadings and other docs) . Ang problem mo na lang dyan is finding the tenant and serving him notices so he would become a party to the case.

 

Ano sa tingin nyo mga fellow lawyers? Pwede di ba?

[kissing_bandit2]

Good morning to MTCs Legal minds!

 

Please help me on my predicament. Kindly spend some time in reading the events that happened. I tried to present this as clear and simple as possible(apologies if still not clear). I hope to get your thoughts and advice.

 

 

Chronology of events:

 

1. Around 2005:

-- Condo was purchased at pre-selling.

-- Property is scheduled to be completed by 2008.

-- Contract stipulates the monthly payments until completion and the LUMP SUM amount to be settled upon TURN-OVER. This mentioned that interest charge(interest rates not defined) will be added if balance is not settled upon Turn-over.

 

2. Early 2008

-- Scheduled completion date was not met.

 

3. Late 2008

-- Property was ready for viewing.(but not liveable)

-- Acceptance agreement was signed as were told that this is only for the building contractors to say that they have finished their jobs. Acceptance agreement does not mention anything about settling the LUMPSUM payments, interest rates if Lumpsum is not settled, amounts of interest.

-- FYI: If we know that interest payments will be made if LUMPSUM is not settled immediately then of course we will not sign the acceptance agreement until we have the money for the LUMPSUM.

 

4. Late 2010

-- As the property is not in a liveable state i.e. our property is on the lower floors but construction are on-going on upper floors thus health and safety is compromised. We waited for a few more years.

-- We are trying to settle the full LUMPSUM amount by this time.

-- We were told that we have to pay late payments based on the interest rates they specified.

 

QUESTIONS:

1. Is the collection of late payment allowed, considering that:

a. Contract states that interest will start upon TURN-OVER of property. Since keys are still with them then no TURN-OVER has happened yet.

b. The acceptance agreement does not mention anythign about the process of TURNOVER and didn't even mention any word "TURNOVER" in the agreement. This is misleading and a bit malicious as it seems this was done deliberately.

c. The Contract nor the acceptance agreeement does not mention anything about how interest rates will be computed.

d. Since acceptance agreement was signed in 2008, there was no letter or reminder sent regarding the incurring penalties.

2. After a few email exchanges with them, they are still adamant on adding late penalties, how should I deal with this matter?

 

3. Are there any government agencies (DTI?) who can help and mediate on this matter?

 

To everybody and specially my fellow 'Bandit', (what a coincidence ). My advance thanks for sparing your time and sharing your thoughts.

 

Thank you very much in advance!

 

[TheSmilingBandit]

Try contacting the HLURB (Housing and Land Use Regulatory Board) but only after you show your documents to a lawyer, its hard to answer your questions without seeing the actual documents (and any fine print as may apply.)

[zilch45]

Good morning to MTCs Legal minds!

 

Please help me on my predicament. Kindly spend some time in reading the events that happened. I tried to present this as clear and simple as possible(apologies if still not clear). I hope to get your thoughts and advice.

 

 

Chronology of events:

 

1. Around 2005:

-- Condo was purchased at pre-selling.

-- Property is scheduled to be completed by 2008.

-- Contract stipulates the monthly payments until completion and the LUMP SUM amount to be settled upon TURN-OVER. This mentioned that interest charge(interest rates not defined) will be added if balance is not settled upon Turn-over.

 

2. Early 2008

-- Scheduled completion date was not met.

 

3. Late 2008

-- Property was ready for viewing.(but not liveable)

-- Acceptance agreement was signed as were told that this is only for the building contractors to say that they have finished their jobs. Acceptance agreement does not mention anything about settling the LUMPSUM payments, interest rates if Lumpsum is not settled, amounts of interest.

-- FYI: If we know that interest payments will be made if LUMPSUM is not settled immediately then of course we will not sign the acceptance agreement until we have the money for the LUMPSUM.

 

4. Late 2010

-- As the property is not in a liveable state i.e. our property is on the lower floors but construction are on-going on upper floors thus health and safety is compromised. We waited for a few more years.

-- We are trying to settle the full LUMPSUM amount by this time.

-- We were told that we have to pay late payments based on the interest rates they specified.

 

QUESTIONS:

1. Is the collection of late payment allowed, considering that:

a. Contract states that interest will start upon TURN-OVER of property. Since keys are still with them then no TURN-OVER has happened yet.

b. The acceptance agreement does not mention anythign about the process of TURNOVER and didn't even mention any word "TURNOVER" in the agreement. This is misleading and a bit malicious as it seems this was done deliberately.

c. The Contract nor the acceptance agreeement does not mention anything about how interest rates will be computed.

d. Since acceptance agreement was signed in 2008, there was no letter or reminder sent regarding the incurring penalties.

2. After a few email exchanges with them, they are still adamant on adding late penalties, how should I deal with this matter?

 

3. Are there any government agencies (DTI?) who can help and mediate on this matter?

 

To everybody and specially my fellow 'Bandit', (what a coincidence ). My advance thanks for sparing your time and sharing your thoughts.

 

Thank you very much in advance!

 

 

File a complaint with the Housing and Land Use Regulatory Board (HLUB). Their office is located at Kalayaan Avenue, Q.C. Just opposite Quezon City Hall along Kalayaan Avenue. Bring all documents you have. Even the exchange of emails

Edited March 11, 2011 by zilch45

[jazon7099]

good day mga sir. ask ko po sana regarding the property of my late lola.

The property is not titled and only under tax dec. my lola died na in 2008.

How do we transfer it to one of her sons? what office of the government are we going to process the transfer?is there a need to pay for estate tax, notwithstanding that it is not titled?

maraming maraming salamat po

[rocco69]

kung magkakasundo ang lahat ng heredero ng lola mo (asawa niya kung buhay pa; lahat na nabubuhay niyang anak; kung may patay na siyang anak, lahat ng anak nun), gagawa sila ng "Extrajudicial Settlement of Estate" kung saan yung ari-arian ng lola mo na minana nila ay ibinibigay nila dun sa isang anak. ipapadyaryo ito (yung maliit na "Legal Notice" na nababasa mo paminsan0-minsan sa tabloid), at ayun, siya na ang may-ari.

 

kung gusto ng anak na malipat sa kanya ang tax declaration, punta siya sa Munisipyo at kunin ang requirements dun sa pagpapalipat (kailangang bayaran ang mga buwis tulad ng transfer tax, amilyar, at estate tax naman sa BIR).

 

kung gusto naman niyang magkatitulo na ang lupa, sumangguni na sa abugado kung pwede ang lupa mapatituluhan (at ang prosesong ito ay dadaan sa husgado muna)

 

 

good day mga sir. ask ko po sana regarding the property of my late lola.

The property is not titled and only under tax dec. my lola died na in 2008.

How do we transfer it to one of her sons? what office of the government are we going to process the transfer?is there a need to pay for estate tax, notwithstanding that it is not titled?

maraming maraming salamat po

[jazon7099]

maraming salamat po sir. malaking tulong po.

[wizard23]

my friend's property has a lispendens dating back circa 1940s. the lispendens in the property is P1000 plus.

 

my question is:

 

1. how do you remove the lispendens?

2. do you have to prove that the claimant is already deceased? from my friend's story, he has lost contact with the claimant.

 

appreciate advice in legal steps to remove the lispendens in the tct. thanks.

[rocco69]

sabi sa Section 77 ng PD 1529:

 

Section 77. Cancellation of lis pendens. Before final judgment, a notice of lis pendens may be canceled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered. It may also be canceled by the Register of Deeds upon verified petition of the party who caused the registration thereof.

 

At any time after final judgment in favor of the defendant, or other disposition of the action such as to terminate finally all rights of the plaintiff in and to the land and/or buildings involved, in any case in which a memorandum or notice of lis pendens has been registered as provided in the preceding section, the notice of lis pendens shall be deemed canceled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending stating the manner of disposal thereof.

 

dahil 1940 pa yung lis pendens, mas malamang sa hindi, na-decide na yung kaso na basehan nung lis pendens.

 

pumunta ka sa court kung saan na-file yung kaso, tapos kumuha ka ng copy ng decision dun. depende sa decision kung pwede mo nang ipa-cancel yung notice of lis pendens.

 

assuming na hindi ka na makakuha ng copy nung decision (dahil 1940s pa nga yung kaso at baka wala nang record yung korte nung kaso), baka kailangan mong pumunta sa National Archives para maghanap ng kopya.

 

assuming na wala ka talagang makitang kopya nung decision, sa aking palagay, mangangailangan kang maghain ng kaso sa hukuman para ipa-kansela yung notice of lis pendens, gtagamitin mong basehan, prescription at laches.

 

my friend's property has a lispendens dating back circa 1940s. the lispendens in the property is P1000 plus.

 

my question is:

 

1. how do you remove the lispendens?

2. do you have to prove that the claimant is already deceased? from my friend's story, he has lost contact with the claimant.

 

appreciate advice in legal steps to remove the lispendens in the tct. thanks.