The Legal Side of Real Estate

[mike71]

The 3 weeks refers to the publication of the estate settlement agreement in the newspaper...

[menk]

Extrajudicial settlement of a lot? 3 weeks? WOW, never knew it could be done anywhere close to that speed, I guess my 25 years in the real estate business has been wasted.

 

Seriously now, don't rush it, and always double check yourselves or have a licensed broker check for you. Get certified true copies of every document because years down the road, you'd hate to kick yourself if your title gets declared to be a fake.

 

We have a licensed broker helping us already. I think the 3 weeks pertains to the publication of the extrajudicial particion. According to the son, the remaining heirs of the seller had already signed the docs.

What about the reconstitution aspect? Is it safe to purchase a property that is yet to be reconstituted? Thanks!

[play_boi]

Good day po! Tatanung ko lang kung kalian kailangan mag file ng extra judicial. May kaibigan kasi ako na ang FATHER ay na matay few months ago. Ang nakalagay sa title ay MOTHER married to FATHER at hindi spouses . Pag kailangan po ba i benta dadaan padin sa extra judicial settlement or waiver of rights lang? Lahat naman po ng anak ay willing na i benta ang property.

 

Thanks

[Viola]

guys question, i purchased a condo unit a few years ago. hinuhulugan ko pa sya until now. it's pre-selling. it hasn't been turned over yet.

 

question is, i want to get out of the contract due to a family emergency. the developer has informed me that if i opt out of the sale, i won't get whatever i paid them that it's forfeited. is it true? or is there a way i could get what i already paid them minus penalties for opting out of the contract since wala naman ako nakuhang service or product in the end?

 

somebody told me kasi na bawal daw ung ganun, na nagbayad ako for something i wasn't able to use. i hope somebody can clarify this for me.

 

guys question,  i purchased a condo unit a few years ago.  hinuhulugan ko pa sya until now. it's pre-selling. it hasn't been turned over yet.<br><br>question is, i want to get out of the contract due to a family emergency.   the developer has informed me that if i opt out of the sale,  i won't get whatever i paid them that it's forfeited.  is it true?  or is there a way i could get what i already paid them minus penalties for opting out of the contract since wala naman ako nakuhang service or product in the end?<br><br>somebody told me kasi na bawal daw ung ganun, na nagbayad ako for something i wasn't able to use.  i hope somebody can clarify this for me.  <br><br><br>

[rocco69]

read Republic Act 6552. that law should answer all your questions.

 

guys question, i purchased a condo unit a few years ago. hinuhulugan ko pa sya until now. it's pre-selling. it hasn't been turned over yet.

 

question is, i want to get out of the contract due to a family emergency. the developer has informed me that if i opt out of the sale, i won't get whatever i paid them that it's forfeited. is it true? or is there a way i could get what i already paid them minus penalties for opting out of the contract since wala naman ako nakuhang service or product in the end?

 

somebody told me kasi na bawal daw ung ganun, na nagbayad ako for something i wasn't able to use. i hope somebody can clarify this for me.

 

guys question,  i purchased a condo unit a few years ago.  hinuhulugan ko pa sya until now. it's pre-selling. it hasn't been turned over yet.<br><br>question is, i want to get out of the contract due to a family emergency.   the developer has informed me that if i opt out of the sale,  i won't get whatever i paid them that it's forfeited.  is it true?  or is there a way i could get what i already paid them minus penalties for opting out of the contract since wala naman ako nakuhang service or product in the end?<br><br>somebody told me kasi na bawal daw ung ganun, na nagbayad ako for something i wasn't able to use.  i hope somebody can clarify this for me.  <br><br><br>

[rick9plus]

hi mga sir question lang po. we purchased a condo and fully paid two years ago. we are already living on it but the title is yet released.

 

now the developer is making lots of alibis regarding issuance of title.

 

sabi nila kesyo matagal daw magrelease ang municipyo. kailagan pa daw maglagay.

 

what are the actions we can do for this?

 

anong kaso ang pwedeng i-hain sa ganitong situation?

 

thank you in advance.

[moridins79]

hi mga sir question lang po. we purchased a condo and fully paid two years ago. we are already living on it but the title is yet released.

 

now the developer is making lots of alibis regarding issuance of title.

 

sabi nila kesyo matagal daw magrelease ang municipyo. kailagan pa daw maglagay.

 

what are the actions we can do for this?

 

anong kaso ang pwedeng i-hain sa ganitong situation?

 

thank you in advance.

 

hmm....sino developer? i'm currently handling a case for a client where we discovered that the reason for the delay was a problem with the title over the land.

[rick9plus]

hmm....sino developer? i'm currently handling a case for a client where we discovered that the reason for the delay was a problem with the title over the land.

 

Thanks for replying. It's by FilEstate. Some of the unit owners said they got theirs already. So it is most likely not because of the land title.

[Pinoymale]

Thanks for replying. It's by FilEstate. Some of the unit owners said they got theirs already. So it is most likely not because of the land title.

 

I suggest you write a letter requesting for the release of the title. Address the letter directly to the company president. Sometimes the president isn't aware of clients' problems because account officers and others try to keep it to themselves. If he's a decent president, he'll inquire into the issue and the officers involved will work like their asses were on fire. Also, the letter will be helpful in case you need to file a court case (hopefully not) to get the title.

[rick9plus]

Thanks sir Pinoymale for the advise.

[Cyk-O]

Hello mga sir. May question po ako regarding sa problem ng friend ko. May bibilhin siya na house & lot worth 1.4M. Downpayment yung friend ko ng 400K. Then the remaining balance will be paid 24 months.

 

Question is, if nakapag-down na. Possibly ba na pede na umalis yung may-ari? Balak kasi ng friend ko na paupahan. Para di masakit sa bulsa niya habang binabayaran niya yung monthly balance.

Edited August 3, 2012 by Cyk-O

[rocco69]

nasa usapan nila. kung papayag ba yung seller eh.

 

Hello mga sir. May question po ako regarding sa problem ng friend ko. May bibilhin siya na house & lot worth 1.4M. Downpayment yung friend ko ng 400K. Then the remaining balance will be paid 24 months.

 

Question is, if nakapag-down na. Possibly ba na pede na umalis yung may-ari? Balak kasi ng friend ko na paupahan. Para di masakit sa bulsa niya habang binabayaran niya yung monthly balance.

[Cyk-O]

nasa usapan nila. kung papayag ba yung seller eh.

 

 

Salamat Sir.

[japlog]

mga Sirs hope you can provide some legal advise sa concern ko below...

 

May property ang uncle ko na binili from a person long time ago(siguro meron ng 15 yrs to). The property is under GSIS and until now di pa nalipat sa name ng uncle ko un property. May discrepancy kasi un signature ng contract owner vs sa deed of sale na in-execute nila. There are a few complications sa issue na to so please bear with me.

 

1). The original contract owner is already dead. I think the husband and un mga anak are still living but right now we have no way to trace their location anymore.

 

2). To make the issue more complicated, un uncle ko namatay na without having the said property na malipat sa name niya. So right now the property is still with GSIS and what we have right now is the deed of sale executed only.

 

Paano po ba dapat ang gawin namin dito para magkaron na ng title un property. Ang plan sana is to sell the property but without a clean title mahirapan po kami gawin ito.

 

Alam ko po mahabang proseso to kasi both of the proponents ng deed of sale are both deceased already.

But we have to start from somewhere so any advise you can give me will be greatly appreciated.

[moridins79]

mga Sirs hope you can provide some legal advise sa concern ko below...

 

May property ang uncle ko na binili from a person long time ago(siguro meron ng 15 yrs to). The property is under GSIS and until now di pa nalipat sa name ng uncle ko un property. May discrepancy kasi un signature ng contract owner vs sa deed of sale na in-execute nila. There are a few complications sa issue na to so please bear with me.

 

1). The original contract owner is already dead. I think the husband and un mga anak are still living but right now we have no way to trace their location anymore.

 

2). To make the issue more complicated, un uncle ko namatay na without having the said property na malipat sa name niya. So right now the property is still with GSIS and what we have right now is the deed of sale executed only.

 

Paano po ba dapat ang gawin namin dito para magkaron na ng title un property. Ang plan sana is to sell the property but without a clean title mahirapan po kami gawin ito.

 

Alam ko po mahabang proseso to kasi both of the proponents ng deed of sale are both deceased already.

But we have to start from somewhere so any advise you can give me will be greatly appreciated.

 

What do you mean may discrepancy? Was the deed of sale notarized?