The Legal Side of Real Estate

[tonsi]

Thanks Bro for the answer :thumbsupsmiley:

[TheSmilingBandit]

Thanks Bro for the answer :thumbsupsmiley:

 

By the way, if they even mention the term 'les pendis', don't bother buying the property unless that has been cleared up.

[Dr_PepPeR]

By the way, if they even mention the term 'les pendis', don't bother buying the property unless that has been cleared up.

 

Maester TSB means 'lis pendens' or that the property is subject to litigation.

[satisfier69]

Technically the condominium administrations are run by the condominium associations which are elected by the unit owners. Association dues are for the maintenance of the common areas. Power usage is normally done by individual meters (or submeters) and these have to be properly billed by Meralco, likewise the water usage is billed by Manila Water (or the other company). Cable should only be charged if and when you actually have a connection, I've never heard of any condo that charges for cable billing when there is no cable connection, check if the cable connection was active, in several of the developments it was part of the package to install a cable connection. For late payments, there is usually no surcharge or penalty assessed by the cable company other than cutting your connection. Perhaps the association payed off the amounts due to the cable and decided to charge you a penalty for that, best to ask for the exact computation and bring that to a lawyer for checking, I hope that I've answered your question?

 

For #3, which penalties for what monthly charges? Cable or monthly dues?

Hi TheSmilingBandit,

 

Thanks for your time in responding to my inquiries. Basically, my question boils down to the legality or the regulation of the computation of the association dues and the penalties involved by the condominium administration. I also have the same inquiry regarding the rates being charged by the administration for the electric and water bills even if it's measured by individual submeter since it is different from the prescribed residential/commercial rates in our area.

 

Is there a law or regulation that can protect the unit owners/residents/tenants against unfair rates, being charged for non-existing facilities and other unjust practices that the administration can take advantage of? Or is it a really private contract between the administration and the owners/residents/tenants as long as the election or creation of the condominium administration is legal (i.e.: elected by the unit owners themselves).

 

Thanks again for your time. Have a good day ahead.

[TheSmilingBandit]

Maester TSB means 'lis pendens' or that the property is subject to litigation.

Mea culpa, at least I didn't go all the way ahead and call it 'le penis' LOL.

 

Hi TheSmilingBandit,

 

Thanks for your time in responding to my inquiries. Basically, my question boils down to the legality or the regulation of the computation of the association dues and the penalties involved by the condominium administration. I also have the same inquiry regarding the rates being charged by the administration for the electric and water bills even if it's measured by individual submeter since it is different from the prescribed residential/commercial rates in our area.

 

Is there a law or regulation that can protect the unit owners/residents/tenants against unfair rates, being charged for non-existing facilities and other unjust practices that the administration can take advantage of? Or is it a really private contract between the administration and the owners/residents/tenants as long as the election or creation of the condominium administration is legal (i.e.: elected by the unit owners themselves).

 

Thanks again for your time. Have a good day ahead.

Its pretty much a private contract, however, if you truly feel that the practices are unjust you could sue the association. It might be better to ask your neighbors to see what their opinions are about the aforementioned practices.

[jopok]

CLASSI- 1ST REV. INITIAL

STREET/SUBDIVISION V I C I N I T Y FICATION ZV/SQ.M. ZV/SQ.M.

- - - - -

DEMARSES SUBD. RR 1,200.00 600.00

MARY MOUNT SUBD. RR 1,400.00 700.00

RAYMUNDO COMPUND RR 1,200.00 600.00

STA. FE SUBD. RR 1,200.00 600.00

UMALI SUBD. RR 1,400.00 700.00

ALL OTHER STREETS BARANGAY ROAD RR 1,500.00 1,000.00

 

this is the zonal valuation na nakuha from BIR medyo outdated 2006 pa yata or earlier,,gusto ko kasi makwenta ung possible cost ng cap tax gain sa palno namin bilhin na property,,ang details ay 350sqm na lupa at 4,500/sqm=php1.575m base dun sa price na yan,,and yun zonal valuation na nakit kko.mga magkano ang capital tax gain, documt tax,and lawyers fee,plus other fees pa?pls help namnpara mapaghandaan ung bayarin...salamat ung sample pala ay ung umali sub..

Edited February 21, 2010 by jopok

[bicolana]

First, I would like to thank the legal minds of MTC for extending an invaluable service to all it's fellow members. Thanks for taking time to answer our queries. :thumbsupsmiley:

 

Second, my question:

We are now paying for a townhouse unit with a total cash price of 1.7 million, through the owner's in-house financing plan, payable for 10 years.

I have already paid the total of 500k (more or less).

 

Now, we want to sell the property for the same amount (500k) that we have already paid, then the buyer will assume paying the balance.

 

Is this as simple as it sounds, or do we have to pay anything to the owner/developer for the sale to take effect?

What are the legal steps to take, if any?

Can we increase our price? To compensate for the improvements that we have included in the house like- we have constructed a dirty kitchen?

Thanks in advance for your answers.

[TheSmilingBandit]

CLASSI- 1ST REV. INITIAL

STREET/SUBDIVISION V I C I N I T Y FICATION ZV/SQ.M. ZV/SQ.M.

- - - - -

DEMARSES SUBD. RR 1,200.00 600.00

MARY MOUNT SUBD. RR 1,400.00 700.00

RAYMUNDO COMPUND RR 1,200.00 600.00

STA. FE SUBD. RR 1,200.00 600.00

UMALI SUBD. RR 1,400.00 700.00

ALL OTHER STREETS BARANGAY ROAD RR 1,500.00 1,000.00

 

this is the zonal valuation na nakuha from BIR medyo outdated 2006 pa yata or earlier,,gusto ko kasi makwenta ung possible cost ng cap tax gain sa palno namin bilhin na property,,ang details ay 350sqm na lupa at 4,500/sqm=php1.575m base dun sa price na yan,,and yun zonal valuation na nakit kko.mga magkano ang capital tax gain, documt tax,and lawyers fee,plus other fees pa?pls help namnpara mapaghandaan ung bayarin...salamat ung sample pala ay ung umali sub..

ZV doesn't change all the time, sometimes it can be 10 years old without any changes.

Capital Gains/Creditable Withholding Tax is 6% of the selling price or the market value of the property, whichever is higher.

Documentary Stamps Tax is PHP15 per PHP1000 (rounding up) of the selling price or the market value of the property, whichever is higher.

Transfer Tax varies from city to city.

 

First, I would like to thank the legal minds of MTC for extending an invaluable service to all it's fellow members. Thanks for taking time to answer our queries. :thumbsupsmiley:

 

Second, my question:

We are now paying for a townhouse unit with a total cash price of 1.7 million, through the owner's in-house financing plan, payable for 10 years.

I have already paid the total of 500k (more or less).

 

Now, we want to sell the property for the same amount (500k) that we have already paid, then the buyer will assume paying the balance.

 

Is this as simple as it sounds, or do we have to pay anything to the owner/developer for the sale to take effect?

What are the legal steps to take, if any?

Can we increase our price? To compensate for the improvements that we have included in the house like- we have constructed a dirty kitchen?

Thanks in advance for your answers.

Yes you can increase your prices to whatever the market will bear, keep in mind though, the higher the price, often the harder or longer it takes to sell.

[moichi]

mga sirs,

 

am not sure kung dito ito.

 

What is the rule or regulation of using the street in front of your property as your exclusive parking space in a subdivision?

 

Can a property owner in a subdivision deny other property owners use of this space because it is "in front of his property"?

 

Any ideas on this sirs?

[yuritomo]

good day mga bro. i happen to post a question din dito sa thread about the brokers licensure exam. its april na po and im still yet to hear some announcements regarding the matter. may balita po kaya tayo jan?

[baduyboy07]

Question to Legal Eagles here:

 

I am selling a 400 sq.m. residential property in Teachers Village, Quezon City. The lawyer of the buyer insists on putting on the deed of sale the provision: "The VENDORS declare and obligate themselves to send written notices by registered mail with return cards to all possible redemptioners (adjacent lot owners) in accordance with Civil Code Article 1623 and to execute an affidavit declaring such fact and providing copies thereof to the BIR or the ROD and other government offices as the need arises."

 

I already checked this with the Examiner of the Register of Deeds of Quezon City and she said this is not applicable/needed for the transfer of the title to the Vendees. But the LAwyer of the buyer insisted that this is needed. I also read Articles 1621, 1622 and 1623 and it is very clear that this law covers RURAL LANDS and URBAN LANDS so small and bought in speculative in nature.

 

I would appreciate your valuable legal opinion on this. Thanks

Edited April 6, 2010 by baduyboy07

[rocco69]

you are right.

 

kaya lang kasi, ang bentahan ay isang kontrata.

 

sa kontrata, ang mga partido ay may karapatan na maglagay ng anumang kondisyon na gusto nila, kailangan lang na di ito labag sa batas, immoral etc., etc.

 

in other words, if the other party insists and you agree, its OK.

 

if they insist and you do not agree, its also OK, di lang matutuloy ang bentahan. wala namang pilitan sa kontrata eh.

 

kung talagang labag sa kalooban mo yung i-inform ang adjacent owners about the sale, tell the prospective buyer about your view. kung bumigay sila, OK. Kung matigas ang ulo at ayaw pumayag, nasa yo na yun kung papayag ka o hindi.

 

Question to Legal Eagles here:

 

I am selling a 400 sq.m. residential property in Teachers Village, Quezon City. The lawyer of the buyer insists on putting on the deed of sale the provision: "The VENDORS declare and obligate themselves to send written notices by registered mail with return cards to all possible redemptioners (adjacent lot owners) in accordance with Civil Code Article 1623 and to execute an affidavit declaring such fact and providing copies thereof to the BIR or the ROD and other government offices as the need arises."

 

I already checked this with the Examiner of the Register of Deeds of Quezon City and she said this is not applicable/needed for the transfer of the title to the Vendees. But the LAwyer of the buyer insisted that this is needed. I also read Articles 1621, 1622 and 1623 and it is very clear that this law covers RURAL LANDS and URBAN LANDS so small and bought in speculative in nature.

 

I would appreciate your valuable legal opinion on this. Thanks

[wizard23]

need your advice here.

 

i have a client who is having her house rented for P30,000 a month. tenant issued pdcs. however, pdcs have been bouncing since feb, mar 2010. tenant has not paid to date and upon the instruction of my client's lawyer, client still has to deposit the apr check para 3 consecutive months nag bounce ang check - grounds for ejectment.

 

but i read the rent control act of 2009, my client's situation is not covered since first P30,000 ang monthly rent nya.

 

question:

 

how do we proceed in ejecting this tenant? what are the legal procedures to file eviction case against the tenant? barangay ba dapat muna? thanks.

[TheSmilingBandit]

mga sirs,

 

am not sure kung dito ito.

 

What is the rule or regulation of using the street in front of your property as your exclusive parking space in a subdivision?

 

Can a property owner in a subdivision deny other property owners use of this space because it is "in front of his property"?

 

Any ideas on this sirs?

What is the rule established by the subdivision? Certain subdivisions allow exclusive use of frontage while others do not. Check it with the association.

 

good day mga bro. i happen to post a question din dito sa thread about the brokers licensure exam. its april na po and im still yet to hear some announcements regarding the matter. may balita po kaya tayo jan?

The PRC has yet to announce when the next exam will be held.

 

Question to Legal Eagles here:

 

I am selling a 400 sq.m. residential property in Teachers Village, Quezon City. The lawyer of the buyer insists on putting on the deed of sale the provision: "The VENDORS declare and obligate themselves to send written notices by registered mail with return cards to all possible redemptioners (adjacent lot owners) in accordance with Civil Code Article 1623 and to execute an affidavit declaring such fact and providing copies thereof to the BIR or the ROD and other government offices as the need arises."

 

I already checked this with the Examiner of the Register of Deeds of Quezon City and she said this is not applicable/needed for the transfer of the title to the Vendees. But the LAwyer of the buyer insisted that this is needed. I also read Articles 1621, 1622 and 1623 and it is very clear that this law covers RURAL LANDS and URBAN LANDS so small and bought in speculative in nature.

 

I would appreciate your valuable legal opinion on this. Thanks

I would check with the buyer if he has made that condition a part of the contract of sale or if its an attempt by the lawyer to show his self-importance.

 

you are right.

 

kaya lang kasi, ang bentahan ay isang kontrata.

 

sa kontrata, ang mga partido ay may karapatan na maglagay ng anumang kondisyon na gusto nila, kailangan lang na di ito labag sa batas, immoral etc., etc.

 

in other words, if the other party insists and you agree, its OK.

 

if they insist and you do not agree, its also OK, di lang matutuloy ang bentahan. wala namang pilitan sa kontrata eh.

 

kung talagang labag sa kalooban mo yung i-inform ang adjacent owners about the sale, tell the prospective buyer about your view. kung bumigay sila, OK. Kung matigas ang ulo at ayaw pumayag, nasa yo na yun kung papayag ka o hindi.

Very good points sir.

 

need your advice here.

 

i have a client who is having her house rented for P30,000 a month. tenant issued pdcs. however, pdcs have been bouncing since feb, mar 2010. tenant has not paid to date and upon the instruction of my client's lawyer, client still has to deposit the apr check para 3 consecutive months nag bounce ang check - grounds for ejectment.

 

but i read the rent control act of 2009, my client's situation is not covered since first P30,000 ang monthly rent nya.

 

question:

 

how do we proceed in ejecting this tenant? what are the legal procedures to file eviction case against the tenant? barangay ba dapat muna? thanks.

If the lessee is in violation of the contract of lease (and assuming that the contract of lease is duly notarized and that withholding tax and VAT are being paid by the lessor to the BIR) then the lessor can file a complaint with the barangay captain, the local police, and the courts.

[jopok]

mga sirs,

 

am not sure kung dito ito.

 

What is the rule or regulation of using the street in front of your property as your exclusive parking space in a subdivision?

 

Can a property owner in a subdivision deny other property owners use of this space because it is "in front of his property"?

 

Any ideas on this sirs?

 

hehehe ganiot ako napaaway eh..ang pag aari lang nay tao o property owner ay yung may titulo..so kalsada yun kahit ba tapat nya di nya pwede ariin un,,,(hingan mo ng titulo para sa kalye,,)basta hindi ka nakakaabala sa pag pasok at labas ng sasakyan nya sa garahe o ng nakatira sa bahay nya ok lang,,,

[moichi]

What is the rule established by the subdivision? Certain subdivisions allow exclusive use of frontage while others do not. Check it with the association.

 

bossing, walang rules na set yung homeowners. if there is none, so pwede niya ariin? or pwede i-contest?

[moichi]

hehehe ganiot ako napaaway eh..ang pag aari lang nay tao o property owner ay yung may titulo..so kalsada yun kahit ba tapat nya di nya pwede ariin un,,,(hingan mo ng titulo para sa kalye,,)basta hindi ka nakakaabala sa pag pasok at labas ng sasakyan nya sa garahe o ng nakatira sa bahay nya ok lang,,,

 

actually, mukhang doon papunta eh. meron kasi makulit na kapitbahay dito.

[TheSmilingBandit]

hehehe ganiot ako napaaway eh..ang pag aari lang nay tao o property owner ay yung may titulo..so kalsada yun kahit ba tapat nya di nya pwede ariin un,,,(hingan mo ng titulo para sa kalye,,)basta hindi ka nakakaabala sa pag pasok at labas ng sasakyan nya sa garahe o ng nakatira sa bahay nya ok lang,,,

 

What is the rule established by the subdivision? Certain subdivisions allow exclusive use of frontage while others do not. Check it with the association.

bossing, walang rules na set yung homeowners. if there is none, so pwede niya ariin? or pwede i-contest?

Without any set of rules from the homeowner's association then the default rules of the community (barangay/municipal or city ordinances) then apply.

 

While there are no titles to the road (barring certain road lots not deeded to the city but are instead the private property of certain developments), often there is the mistaken assumption made that parking on the road is a right when it is in fact a privilege that is often abused. Certain developments now no longer allow parking on the streets longer than 4 hours as the roads are for travel and parking (other than for short periods of time) is no longer allowed, with parking to be done within the property limits.

[baduyboy07]

another legal advice from legal eagles here:

 

my mom is selling her 3 hectares agricultural land in bulacan. she has a "kasama" who cultivates the land and my mom gets 20% share from the harvest as lease payment of the land. Now, my question is, what is the prescribed sharing my mom will have to shell out for the kasama. Is she allowed to decide on how much she wanted to share to the kasama or is there an existing law that requires her to pay a certain amount or percentage of the selling price?

 

is it correct to use the formula that the average cavans per harvest year times 5 years times the prevailing price should be the amount that goes to the kasama?

 

Thanks

[rocco69]

the existing law actually says that she cannot remove the "kasama". Under RA 3844, the leasehold relation is not extinguished by sale of the land. if the "kasama" agrees to move out in exchange for money, no problem. but if the "kasama" refuses to leave the land he is tilling, the law says he has a right to do so. note that even if the land is only 3 has., it is still covered by the law and the "kasama" is still protected.

 

so, lumalabas na kahit pa gustong bayaran ng mom mo yung kasama, kung ayaw niya, di nyo siya mapipilit. there is no prescribed sharing kasi nga di naman pwedeng paalisin yung tenant if you want to sell the property. bahala kayo paano nyo makukumbinsi yung "kasama" na umalis. anyway, you can still sell the land but the new owner will inherit the "kasama."

 

another legal advice from legal eagles here:

 

my mom is selling her 3 hectares agricultural land in bulacan. she has a "kasama" who cultivates the land and my mom gets 20% share from the harvest as lease payment of the land. Now, my question is, what is the prescribed sharing my mom will have to shell out for the kasama. Is she allowed to decide on how much she wanted to share to the kasama or is there an existing law that requires her to pay a certain amount or percentage of the selling price?

 

is it correct to use the formula that the average cavans per harvest year times 5 years times the prevailing price should be the amount that goes to the kasama?

 

Thanks

[baduyboy07]

thanks for the reply sir. but the kasama is the one pushing for the sale of the property cause they dont want to till the land anymore since this is not an irrigated land and with the worsening drought year after year, the copy yield is decreasing by the year. so they found a buyer of the land and is pushing for it. now, we have already informed them the amount we are going to give them. but i want to know if they have the right to ask for an amount more than what we are willing to give.. thanks again

[TheSmilingBandit]

The property is yours, you can give whatever percentage you feel like giving them. Just get a written agreement from them agreeing that they are no longer interested in tilling the land.

[rocco69]

siya pala ang me gusto eh. basta ba pumayag siya sa amount na ino-offer nyo, OK na yun, just follow the advice of smiling bandit as to the written agreement.

 

thanks for the reply sir. but the kasama is the one pushing for the sale of the property cause they dont want to till the land anymore since this is not an irrigated land and with the worsening drought year after year, the copy yield is decreasing by the year. so they found a buyer of the land and is pushing for it. now, we have already informed them the amount we are going to give them. but i want to know if they have the right to ask for an amount more than what we are willing to give.. thanks again

[baduyboy07]

thanks for the advice guys..

[Arneeious]

My grandmother is planning to transfer the title of her property from her name to me. What's the best way to do this so that we won't have to pay too much taxes? Donation? Last Will and Testament? Etc.