The Legal Side of Real Estate

[rocco69]

I wish to post this question regarding writing a DEED OF SALE document. I have a bit of a situation i am not familiar with regarding this.

 

My brother and I both are owners of this house and lot. My brother and i have both agreed that i will buy out his share of the property. How do i go about writing the DEED OF SALE?

 

I know how a regular DEED OF SALE document looks like and how to write it. The reason i am asking this, since my brother is the seller and im the one buying it. How would it look like in writing the document?

 

And also does this type of transaction require any additional documents different from a regular DEED of Sale transaction?

 

If anyone has a SAMPLE document of this type of DEED OF SALE would be also appreciated.

 

Thank you and your answers will be appreciated

How do i go about writing the DEED OF SALE?

 

Its the same as the regular Deed of Sale, only that you describe the property to be sold as "Seller's 1/2 interest in a house and lot located at_______". No other documents are needed. It's just a regular sale, only that he is selling his one-half share in property. If your brother is married, have the wife sign the Deed of Sale at the end, after the signatures of the Seller and Buyer, under the heading "With my marital conformity"

[play_boi]

Hi attys of mtc. I have a question is it safe to have the deed of sale signed overseas? Ipapa dala ang deed of sale sa ibang bansa papa pirmahan habang pumipirma i video or picture. Medyo remote area abroad at malayo daw sa consulate kaya hndi maka pa consularize. Husband is signing here in manila wife is the one signing abroad. Safe ba ako pag binili ko ang property? Wife already sent me message on messenger na i acknowledge nya na sya pipirma for assurance na alam nya ang bentahan

 

Thanks

[rocco69]

Hi attys of mtc. I have a question is it safe to have the deed of sale signed overseas? Ipapa dala ang deed of sale sa ibang bansa papa pirmahan habang pumipirma i video or picture. Medyo remote area abroad at malayo daw sa consulate kaya hndi maka pa consularize. Husband is signing here in manila wife is the one signing abroad. Safe ba ako pag binili ko ang property? Wife already sent me message on messenger na i acknowledge nya na sya pipirma for assurance na alam nya ang bentahan

 

Thanks

NO. Madaling sabihing OK siya ngayon. Pag nagbago ang isip niyan, problema ka. The right time to do things correctly is when HINDI KA PA NAGLALABAS NG PERA!

 

Kung talagang gusto nilang ibenta ang property, may paraan. Kung ayaw, may dahilan.

 

Alalahanin mo ang Art. 96 ng Family Code:

 

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void.

 

Kapag picture-picture or video lang, hindi ito matibay na ebidensya na pumayag talaga siya sa bentahan (baka sabihin pa nga niyan, Photoshop o inedit nyo lang yung video). Pinakamaganda, gumawa siya ng SPA kung saan binibigyan niya ng kapangyarihan yung asawa niya dito sa Pilipinas na ibenta yung property. Tapos, ipanotaryo niya sa consul. Kung hindi siya maka-appear sa consulate, pwede naman yung authentication lang (ipapanotaryo niya sa local notary public, tapos ipapadala sa consul by mail; depende ito sa lugar, icheck na lang sa internet).

 

Pag nanotaryo na o na-authenticate na yung SPA, ipadala sa Pilipinas. O, ayos na.

Edited April 27, 2017 by rocco69

[hitokiri_3020]

magandang hapon po, kung ang isang lupa po ay ipamamana sa 4 na anak ano po ang pinaka maganda at less ang gastos na paraan?

[play_boi]

NO. Madaling sabihing OK siya ngayon. Pag nagbago ang isip niyan, problema ka. The right time to do things correctly is when HINDI KA PA NAGLALABAS NG PERA!

 

Kung talagang gusto nilang ibenta ang property, may paraan. Kung ayaw, may dahilan.

 

Alalahanin mo ang Art. 96 ng Family Code:

 

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void.

 

Kapag picture-picture or video lang, hindi ito matibay na ebidensya na pumayag talaga siya sa bentahan (baka sabihin pa nga niyan, Photoshop o inedit nyo lang yung video). Pinakamaganda, gumawa siya ng SPA kung saan binibigyan niya ng kapangyarihan yung asawa niya dito sa Pilipinas na ibenta yung property. Tapos, ipanotaryo niya sa consul. Kung hindi siya maka-appear sa consulate, pwede naman yung authentication lang (ipapanotaryo niya sa local notary public, tapos ipapadala sa consul by mail; depende ito sa lugar, icheck na lang sa internet).

 

Pag nanotaryo na o na-authenticate na yung SPA, ipadala sa Pilipinas. O, ayos na.

Thank you po!! ff up question. what will happen if naka lagay na sa pnagalan ko ang title then mag hahabol sya? ako ba kakasuhan or yung asawa? what if the Video or picture is shown to the judge na hindi naman edited? please huwag po kayo mag sawa tumulong sa mga nangangailangan ng idvices nyo! thanks po

[rocco69]

Thank you po!! ff up question. what will happen if naka lagay na sa pnagalan ko ang title then mag hahabol sya? ako ba kakasuhan or yung asawa? what if the Video or picture is shown to the judge na hindi naman edited? please huwag po kayo mag sawa tumulong sa mga nangangailangan ng idvices nyo! thanks po

dahil ikaw na ang lumalabas na may-ari, kun ggusto niyang bawiin ang property, ikaw ang kakasuhan.

 

how to prove na hindi siya edited, that is the question.

magandang hapon po, kung ang isang lupa po ay ipamamana sa 4 na anak ano po ang pinaka maganda at less ang gastos na paraan?

deed of donation. di mo na kailangan dumulog sa hukuman, which would be the case kung gagawa ka ng last will (dahil sa probate - petition para patunayan na will nga talaga nung namatay yung will).

 

Kung ayaw mo pang bitiwan ang property, Deed of Donation with Usufruct (kung saan ang paggamit at pagpakinabang sa property ay nasa iyo pa rin, kahit mga anak mo na ang may-ari)

Edited May 13, 2017 by rocco69

[hitokiri_3020]

dahil ikaw na ang lumalabas na may-ari, kun ggusto niyang bawiin ang property, ikaw ang kakasuhan.

 

how to prove na hindi siya edited, that is the question.

deed of donation. di mo na kailangan dumulog sa hukuman, which would be the case kung gagawa ka ng last will (dahil sa probate - petition para patunayan na will nga talaga nung namatay yung will).

 

Kung ayaw mo pang bitiwan ang property, Deed of Donation with Usufruct (kung saan ang paggamit at pagpakinabang sa property ay nasa iyo pa rin, kahit mga anak mo na ang may-ari)

 

maraming salamat po

[frankenstein123]

Good Day

 

Does the landlord need to state a reason for non-renewal of lease to the tenant?

Contract is 1 Yr lease agreement and is up for renewal by aug.10 2017

[frankenstein123]

Another question. Can the seller backout anytime? Deposit of 1 Million has been given and the owners signed an acknowledgement receipt.

[rocco69]

Good Day

 

Does the landlord need to state a reason for non-renewal of lease to the tenant?

Contract is 1 Yr lease agreement and is up for renewal by aug.10 2017

Nope, when a contract of lease expires, and there is no clause allowing automatic renewal, or renewal at the option of the tenant, the landlord CANNOT BE FORCED TO ENTER INTO A NEW CONTRACT OF LEASE. Whatever his reason, and even without a reason at all.

[rocco69]

Another question. Can the seller backout anytime? Deposit of 1 Million has been given and the owners signed an acknowledgement receipt.

If the contract of sale has been perfected, the seller can no longer back out without becoming liable for damages. he may even be forced to consummate the sale. the question then would be: has the sale been perfected? Unfortunately, without any other fact aside from the deposit of P1M and the signing of an acknowledgment receipt, it is a bit difficult to say whether the sale has been perfected or not, as the circumstances surrounding the transaction, and the understanding between the parties, have to be considered.

[frankenstein123]

Nope, when a contract of lease expires, and there is no clause allowing automatic renewal, or renewal at the option of the tenant, the landlord CANNOT BE FORCED TO ENTER INTO A NEW CONTRACT OF LEASE. Whatever his reason, and even without a reason at all.

Thank you Atty. Very clear explanation.

If the contract of sale has been perfected, the seller can no longer back out without becoming liable for damages. he may even be forced to consummate the sale. the question then would be: has the sale been perfected? Unfortunately, without any other fact aside from the deposit of P1M and the signing of an acknowledgment receipt, it is a bit difficult to say whether the sale has been perfected or not, as the circumstances surrounding the transaction, and the understanding between the parties, have to be considered.

There is still no Contract of Sale, Deed of Sale of any sort. Just the acknowledgement receipt.

[rocco69]

Thank you Atty. Very clear explanation.

There is still no Contract of Sale, Deed of Sale of any sort. Just the acknowledgement receipt.

A contract, to exist, doesn't need to be in writing.

 

So long as the parties already agree on the rendition of service or the giving of something by one party to the other, there is already a contract!

 

Even without a written Contract of Sale, or Deed of Sale, a contract of sale may already be perfected (you don't execute a written contract when you get on a jeep, do you, and yet there exists a Contract of Carriage between you and the jeepney driver, you undertake to pay the fare, the driver undertakes to take you safely to your destination).

 

And that is the reason why it is hard to say whether he can still back out or not. It's difficult to say whether there is already a complete agreement between the parties without knowing whatever it was they really intended to do.

Edited June 3, 2017 by rocco69

[frankenstein123]

A contract, to exist, doesn't need to be in writing.

 

So long as the parties already agree on the rendition of service or the giving of something by one party to the other, there is already a contract!

 

Even without a written Contract of Sale, or Deed of Sale, a contract of sale may already be perfected (you don't execute a written contract when you get on a jeep, do you, and yet there exists a Contract of Carriage between you and the jeepney driver, you undertake to pay the fare, the driver undertakes to take you safely to your destination).

 

And that is the reason why it is hard to say whether he can still back out or not. It's difficult to say whether there is already a complete agreement between the parties without knowing whatever it was they really intended to do.

Understood Atty. Thank you very much.

[blue+george]

- I have a question -

 

we have a lot around 3000 sq.m in bulacan, after a survey, we found out that an adjacent house has encroached into our lot. problem is its a 2 storey concrete house, now, the owner decided to get a 3rd party surveyor to check it again. and same result. it has been a long time since, now the owner of the house passed away already. and now we would like to utilize the lot (for rental) and construction will be ongoing soon. what legal action can we take and any other alternative thru this problem? thanks in advance.