The Legal Side of Real Estate

[maxgreg]

Thank you very much Sir! I shall inquire about these matters with the BIR.....but when you say make a deal, does that mean doing things under the table or they have a usual process for this that gives us an option to ask for an assistance regarding penalties...salamat po ulit!

 

On a side note, you can also try to make a deal with the BIR because odds are, if its been over 5 years, the estate tax and penalties accruing may be higher than the value of the property.

[snowman74]

good day everyone!

 

we have a lot north of metro manila. the lot was vacant and it had a caretaker before. my dad visited it after around a year and saw that the caretaker was no longer there and that people have started living on our lot. it turns out that a policeman has started to let people live on our lot for a rental fee. what are the safest procedures we can do about this? any legal methods of reclaiming our property?

[rocco69]

if the land is titled in your name (mahirap kasi pag rights lang ang meron kayo), start writing demand letters to the people living on the lot, demanding that they leave w/in 15 days from receipt of the letter. if they refuse to leave after receiving the letters, pwede ka nang magsampa ng forcible entry cases against these people.

 

likewise, if you have sufficient proof against the policeman, file a criminal and administrative complaint against him with the Office of the Ombudsman (wag sa NAPOLCOM, PLEB, IAS, etc. at nalalakad nila yan) for renting out your property without your knowledge and consent, pretending to be the owner of the lot.

 

good day everyone!

 

we have a lot north of metro manila. the lot was vacant and it had a caretaker before. my dad visited it after around a year and saw that the caretaker was no longer there and that people have started living on our lot. it turns out that a policeman has started to let people live on our lot for a rental fee. what are the safest procedures we can do about this? any legal methods of reclaiming our property?

[snowman74]

maraming salamat sir rocco69. iaadvise ko ito agad sa papa ko. sa kanya kasi talaga yung property nakapangalan and hindi lang ito rights. papa ko kasi is mabilis mawalan ng gana kaya nung nalaman nya yung nangyari sa lot eh ayun pinabayaan nalang. i hope this will enlighten him...

[omegared]

Good day po, konting payo lang po.

 

Meron kaming condo office na binili nung 2000, 6 na may ari, pinarenovate interiors, unfortunately di kami nakasundo at 10 years na kaming di nagbabayad ng buwis at di nag-uusap. Kailan po ba yun maremata ng gobyerno at paano proseso? Chances are hindi na mababayaran ang taxes non dahil sa laki ng penalties. What's the best way to get something out of it.

 

Thank you.

[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?