The Legal Side of Real Estate

[charliehouse]

As always sir maraming salamat. Andami ko nang utang na loob po sa inyo po. Salamat po talaga.

[RustyXIII]

May risk ba kung mabigyan ang agent ng photocopy ng TCT? Posible ba na makapag-forge ng titulo mula sa xerox?

[MRROUGHSEX]

Philippines should follow these suggestions:

 

* Fixed commission fee of 5%.

* Only one assigned seller agent per property.

* Any other agent who has a buyer to a property that already has an assigned seller agent shall split their commission 2.5% each.

* A buyer who has no agent representation is entitled to the 2.5% fee rebate.

* Non-owner agents selling properties should be under one accredited registered brokerage firm

* All non-owner agents should get a license on real estate as mandated by a regional government office

* Only houses/dwelling units can be sold by owners; lots/lands are to be sold by a contracted seller agent.

[rocco69]

May risk ba kung mabigyan ang agent ng photocopy ng TCT? Posible ba na makapag-forge ng titulo mula sa xerox?

1. May risk ba kung mabigyan ang agent ng photocopy ng TCT?

 

Lahat ng bagay may risk, ang paggising sa umaga ay may risk.

 

Ang isipin mo, KAHIT SINO PWEDENG KUMUHA NG XEROX NG TITULO sa Register of Deeds. Basta alam mo ang TCT number ng isang titulo (na madali ring malaman dahil pwede ring tumingin sa records sa Assessor's office kung ano ang number ng titulo ng isang lupa. Basta alam mo yung lugar, at maituturo mo sa mapa, makikita ito sa Assessor's Office), makakapag-request ka na ng copy sa Register of Deeds.

 

In short, kahit hindi mo ibigay ang xerox ng titulo, madaling kumuha ng kopya nito sa Register of Deeds.

 

2. Posible ba na makapag-forge ng titulo mula sa xerox?

 

Posible, kahit anong bagay na nakasulat, pwede i-forge. Ang pera nga, nafo-forge gamit ang xerox.

 

Ang tanong, KAPANI-PANIWALA BA ANG FORGED NA TITULO?

 

Dahil mahalagang papeles ang titulo, katulad ng pera, ito ay maraming security features. Hindi ito basta-bastang napepeke. basahin mo ito: https://infinit3solutions.com/blog/buying-real-estate-philippines/

 

para malaman kung ano ang dapat tingnan sa titulo para malaman kung ito ay peke o hindi.

 

 

Sa katapusan, ang pagbibigay ng xerox ng titulo sa ahente ay low-risk (dahil maaari naman siyang kumuha nito, sa ayaw o sa gusto mo)

 

Maaari ding makagawa ng pekeng titulo mula sa xerox, pero ang kalidad nito ay depende sa gumawa. At isipin mo, kahit anong ganda pa ng pagka-peke, iba ang nagtatanong. GAGO na lang ang bibili ng lupa na hindi pupunta sa mismong lupa at magtatanong sa nakatira doon kung ano ang karapatan ng nagbebenta sa lupa. Kahit pa high quality ang pagkakapeke ng titulo, kung ang tunay na may-ari ay nakatira sa lupa, malalaman mo na ang nagbebenta ay impostor. Magtanong din sa mga katabing bahay kung sino ang kilala nilang may-ari ng lupa. I-check din sa Register of Deeds ang titulo. Sa madaling salita, ang wais na mamimili ay nag-iimbestiga muna bago bumili.

[preler]

Can others use a private right of way may titulo po ung right of way and also the other party already modified the road at tinamnaman na din ng halaman. also does buying a land would also include a private right of way use kahit wala namang naka indicate dun sa titulo nung binili nyang lupa (paper street po ung right of way hndi pa na develope). and also can you sell a part of the right of way if the buyer owns the adjacent lots and the road is at a dead end. the other party insist na right of way un that he has all the rights to cross and modify when clearly it is a private right of way with the owners written on the title. the right of way title has "(existing right of way) of the subd. plan" as a defining phrase. on side note pinagmanahan po cya na lupa and then sold by the family members who own it to the other party the right of the family member to the right of way is not included on the sale. and also the buyer has access to road with or without the said private right of way pinag tuglong lang nya ung dalawang lots na pag aari nya by using the right of way which is nasa middle ng dalawang lots

[rocco69]

Can others use a private right of way may titulo po ung right of way and also the other party already modified the road at tinamnaman na din ng halaman. also does buying a land would also include a private right of way use kahit wala namang naka indicate dun sa titulo nung binili nyang lupa (paper street po ung right of way hndi pa na develope). and also can you sell a part of the right of way if the buyer owns the adjacent lots and the road is at a dead end. the other party insist na right of way un that he has all the rights to cross and modify when clearly it is a private right of way with the owners written on the title. the right of way title has "(existing right of way) of the subd. plan" as a defining phrase. on side note pinagmanahan po cya na lupa and then sold by the family members who own it to the other party the right of the family member to the right of way is not included on the sale. and also the buyer has access to road with or without the said private right of way pinag tuglong lang nya ung dalawang lots na pag aari nya by using the right of way which is nasa middle ng dalawang lots

Its difficult to answer this without seeing the titles, the corresponding technical descriptions of the lots involved, the lot plan covering the area, as well as, of course, the deeds of sale involved.

[dodo]

First, I need to provide a little background before I ask my questions. I own several parcels of land that I have been subdividing into smaller cuts to sell as residential lots. The lots are located in a very good location beside a provincial capitol so I have sold quite a few already. I have sold about 80 lots and my estimate is that the remaining parcels would produce another 150 lots. Every few months or so, we would cut a few more lots to sell. I would like to get a will so that my two sons would inherit what i own in case I pass away. So here are my questions:

 

1. Can I make a will that is generally stated that my two sons inherit the land without having to note each of the title? Since I am continuously subdividing the land, it does not make any sense to state each title I am giving away to them. Each time I subdivide, new titles are produced.

2. How much does it cost to get a will like this done?

Edited January 27, 2021 by dodo

[newklys]

Question re purchase of vacant lot by a widowed friend from a developer.

 

A friend of mine became a widow a couple of years ago. Foreign husband. Last year, kumuha na siya ng new passport that used her maiden name because she showed na the death certificate of her late husband. She also opened a new bank account under her maiden name. Recently, she wanted to buy a vacant lot, but developer said she cannot use her maiden name. She was asked to produce a PSA CENOMAR and since her late husband was a foreigner (PSA does not change marriage contracts with foreigners), naturally the CENOMAR showed that she is married. So developer insisting that she is "Widowed" daw, not "Single". My friend wants to use her maiden name for the title and insists that she should be allowed to considering she got a new passport already and bank account.

 

Maraming salamat sa makakapag-bigay ng advice.

[Burdaw]

Whos willing to help me, i need adivses.. we have property(school) then were willing to file bankruptcy because we cannot manage it well, my uncle whos the original owner, who passes away already, left too much debt in bank, thats why the pdic take our property with interest.. we tried to continue the school, whos named under my father.. question: hows the process will be in this situation? Thank you in advanced

[Mr.Potatoes]

Whos willing to help me, i need adivses.. we have property(school) then were willing to file bankruptcy because we cannot manage it well, my uncle whos the original owner, who passes away already, left too much debt in bank, thats why the pdic take our property with interest.. we tried to continue the school, whos named under my father.. question: hows the process will be in this situation? Thank you in advanced

 

why pdic? pdic has no right to take over your property with interest (what?). pdic may only take over banks.... unless... is your bank already closed?

[charliehouse]

Hello po! Nagtatanong na naman po ulit. May titled lot po na binili ko pero part lang. 1000 sq. meters po ang lot 300 sqm lang binili ko. Individual lang po ang seller hindi corporation. Valid po ba ang sale? Wala po kasing license to sell ang binilhan ko sa hlurb.

[rocco69]

Hello po! Nagtatanong na naman po ulit. May titled lot po na binili ko pero part lang. 1000 sq. meters po ang lot 300 sqm lang binili ko. Individual lang po ang seller hindi corporation. Valid po ba ang sale? Wala po kasing license to sell ang binilhan ko sa hlurb.

Valid po ba ang sale?

 

Valid (kung siya ang may-ari o otorisado ng may-ari).

[rocco69]

Question re purchase of vacant lot by a widowed friend from a developer.

 

A friend of mine became a widow a couple of years ago. Foreign husband. Last year, kumuha na siya ng new passport that used her maiden name because she showed na the death certificate of her late husband. She also opened a new bank account under her maiden name. Recently, she wanted to buy a vacant lot, but developer said she cannot use her maiden name. She was asked to produce a PSA CENOMAR and since her late husband was a foreigner (PSA does not change marriage contracts with foreigners), naturally the CENOMAR showed that she is married. So developer insisting that she is "Widowed" daw, not "Single". My friend wants to use her maiden name for the title and insists that she should be allowed to considering she got a new passport already and bank account.

 

Maraming salamat sa makakapag-bigay ng advice.

The developer is correct, she is not single but widowed.

 

The developer, however, is wrong, in insisting that she cannot use her maiden name. Art 373 of the Civil Code says:

 

Article 373. A widow MAY use the deceased husband's surname as though he were still living, in accordance with article 370.

 

Dahil "MAY" ang ginamit, makikita na optional sa biyuda ang patuloy na paggamit ng apelyido ng nasira niyang asawa. Maari siyang bumalik sa dati niyang apelyido. At maaari niya itong gamitin sa titulo ng lupa.

[rocco69]

First, I need to provide a little background before I ask my questions. I own several parcels of land that I have been subdividing into smaller cuts to sell as residential lots. The lots are located in a very good location beside a provincial capitol so I have sold quite a few already. I have sold about 80 lots and my estimate is that the remaining parcels would produce another 150 lots. Every few months or so, we would cut a few more lots to sell. I would like to get a will so that my two sons would inherit what i own in case I pass away. So here are my questions:

 

1. Can I make a will that is generally stated that my two sons inherit the land without having to note each of the title? Since I am continuously subdividing the land, it does not make any sense to state each title I am giving away to them. Each time I subdivide, new titles are produced.

2. How much does it cost to get a will like this done?

1. Can I make a will that is generally stated that my two sons inherit the land without having to note each of the title?

 

Yes, you can make a will giving away the property, using only the current titles. The law provides anyway, that whatever properties you no longer own when you pass away cannot be given away by you. In other words, the properties already sold when you pass will no longer form part of your estate.

 

 

2. How much does it cost to get a will like this done?

 

Should be the same as the price of having a Deed of Sale or Deed of Donation made (could be a bit more because of the number of properties that have to be described). A will is just another legal document, so the price should be within range of similar documents. In fact, if you want, you can do it yourself (so long as it is ENTIRELY IN YOUR OWN HANDWRITING, WITH A DATE, AND SIGNED BY YOU AT THE END)

Edited March 18, 2021 by rocco69

[newklys]

Yes, thank you. She already resolved it with the developer and they will now use her maiden name sa lahat ng relevant documents.

 

 

 

The developer is correct, she is not single but widowed.

 

The developer, however, is wrong, in insisting that she cannot use her maiden name. Art 373 of the Civil Code says:

 

Article 373. A widow MAY use the deceased husband's surname as though he were still living, in accordance with article 370.

 

Dahil "MAY" ang ginamit, makikita na optional sa biyuda ang patuloy na paggamit ng apelyido ng nasira niyang asawa. Maari siyang bumalik sa dati niyang apelyido. At maaari niya itong gamitin sa titulo ng lupa.