legal Free Legal Advice

[dictum]

good day to all of our Esquire GMs. may active pa po ba dyan that I can ask about condo turnover and undocumented sale. salamat.

 

what do you need to know?

[satisfier69]

what do you need to know?

 

 

what do you need to know?

 

Good day and thank you for the response, Evilbrain and dictum. Here are the details:

 

(1) The condo unit is under the account of someone who is already based overseas but can still be reached via email.

(2) I bought the property but with there was no deed of sale. I know, this is where my problem started and I acknowledge my lapse even though I was really busy during this time.

(3) I was able to get a signed SPA giving me full rights to the property but it was not notarized. Again, acknowledging another lapse on my end.

(4) The property is already long overdue for turnover from the developer.

 

Given this, what is my best course of action so the property can be turned over under my name?

 

Thanks again for your time.

[jc44 - RETIRED]

 

 

Good day and thank you for the response, Evilbrain and dictum. Here are the details:

 

(1) The condo unit is under the account of someone who is already based overseas but can still be reached via email.

(2) I bought the property but with there was no deed of sale. I know, this is where my problem started and I acknowledge my lapse even though I was really busy during this time.

(3) I was able to get a signed SPA giving me full rights to the property but it was not notarized. Again, acknowledging another lapse on my end.

(4) The property is already long overdue for turnover from the developer.

 

Given this, what is my best course of action so the property can be turned over under my name?

 

Thanks again for your time.

 

1. Find out if the condominium unit is covered by a Condominium Certificate of Title, and under whose name it appears. The SPA will (hopefully) be sufficient for this purpose.

2. If it is registered under the name of the person you transacted with, get him to execute a deed of absolute sale. If he has no plans of returning here, you may need to have the deed of sale notarized abroad and certified with the appropriate consulate (yung red ribbon na nilalagay on legal documents executed outside the Philippines), to avoid getting hit with technicalities when you try to register the sale. Once you have the deed of sale, more or less normal procedures in registering the sale and transferring the title to your name will apply.

 

3. If it is registered under the name of the condominium developer, things get slightly more complicated here, as what you can do will largely depend on the contract between the developer and the person you transacted with, as well as the status of that contract - if at all merong kontrata.

Hope this helps, kahit medyo bitin.

Edited August 20, 2018 by johncarter44

[satisfier69]

Thank you johncarter44. I think it is still under the developer since, I'm receiving multiple registered mails from the developer to process the turnover. I will reconfirm this by getting in touch with the developer. Thanks again for your time.

[dictum]

 

 

Good day and thank you for the response, Evilbrain and dictum. Here are the details:

 

(1) The condo unit is under the account of someone who is already based overseas but can still be reached via email.

(2) I bought the property but with there was no deed of sale. I know, this is where my problem started and I acknowledge my lapse even though I was really busy during this time.

(3) I was able to get a signed SPA giving me full rights to the property but it was not notarized. Again, acknowledging another lapse on my end.

(4) The property is already long overdue for turnover from the developer.

 

Given this, what is my best course of action so the property can be turned over under my name?

 

Thanks again for your time.

 

 

Since you mentioned that the condo is "long overdue for turnover from the developer", I would assume that the Condominium Certificate of Title is still registered in the name of the developer. I am also assuming that the condo project/building has already been built and is ready for occupancy.

 

The condominium law allows the buyers to transfer their rights to another during so long as no deed of sale between the buyer and the developer has been executed. The documentation is done through a Deed of Transfer of Rights. Usually, the developers would have their own preferred format and/or template of the Deed of Transfer of Rights.

 

I would suggest that you coordinate directly with the developer, inform them of your acquisition of the condo via the deed of sale and inquire on the status of the condo and the buyer's account. It could be that the buyer has unpaid obligations to the developer which is why the condo has not been turnover yet. The most usual unpaid fees would be the registration fees and the real property taxes.

 

Hope this helps.

[jopok]

thabks rocco and chups10

thabks rocco and chups10

i mean thank you..

[Roubaix]

To my kompanyeros,

 

In the past, I would indulge in professional services of the personal nature. Of course, just compensation was exchanged.

 

Now the tables have turned. My past acquaintances have sought legal advice from me. Ethics dictate that I cannot have it pro-bono.

 

Should I settle for compensation in the personal service nature rather than actual monetary remuneration?

[bonito99]

I need a lawyer po para sa drafting ng demand letter for child support at demanda ko din ex ko ng financial abuse at emotional abuse.

Any lawyer can do that for you.

it's the filing of that criminal case which is important.

[yellowjacket]

Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

[Roubaix]

Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

 

1. If its solely about salary, they have no case. Unless you are paying more than minimum wage. Also, you must be remitting their BIR, SSS, Pag-ibig contributions. They can file a case for that.

 

2. If its project based, is there a written contract stating the period of tenure? If its just "verbal", the DOLE might consider that person as regular if the duties are necessary to your company. On your counter, you can present proof of her working 4 hours only. But if you did nothing about it in 4 years, you will have a weak case for counter arguing.

[jc44 - RETIRED]

To my kompanyeros,

 

In the past, I would indulge in professional services of the personal nature. Of course, just compensation was exchanged.

 

Now the tables have turned. My past acquaintances have sought legal advice from me. Ethics dictate that I cannot have it pro-bono.

 

Should I settle for compensation in the personal service nature rather than actual monetary remuneration?

 

Legally speaking, no of course. The nature of the *personal service* precludes it from being a valid subject matter of a contract, even one for mutual service.

 

Practically speaking, IMHO boils down to yung level of familiarity and trust ninyo sa isa't isa.

[jc44 - RETIRED]

Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

 

Aside from what Roubiax said, depende rin sa kung ano yung balak nilang ikaso sa iyo, at kung ano yung ibig sabihin nila by "areglo." Ang imporante, on the documentation side, kumpleto kayo as employer. Employment contracts, time logs (kung meron), payslips with the calculations for deductions etc. That strengthens your case if ever man mapunta kayo sa NLRC. Even then, expect that the arbiter will encourage you to settle with the employees.

 

Also, by "probation" do you mean probationary employee, or "probation" meaning they are under some kind of sanction? (At kung "probationary employee" bakit may 10 months na probationary?)

 

Yung sa project employee, same as above. Documentation is nearly everything in labor law and labor arbitration.

[jifinickle]

Good morning mga boss!

 

Question lang po. Naghiwalay kami ng exgf ko. Di kami kasal. Meron kaming anak mag 2 yrs old sya ngayon. Ngayon po nanghihingi ako ng time para makasama ko anak ko at least pag day off ko pero ang problema ayaw nila na ilalabas ko ng bahay nila ang anak ko. Kung bibisita daw ako dun lang daw kami sa loob ng kwarto. Eh ang gusto ko po mangyari is pag off ko lalabas kami at iuuwi ko sya sa bahay para makapag bonding kami ng maayos.

 

Any advice po na pede ko magawa?

[bonito99]

baby steps first.

followtheir terms first.

Good morning mga boss!

Question lang po. Naghiwalay kami ng exgf ko. Di kami kasal. Meron kaming anak mag 2 yrs old sya ngayon. Ngayon po nanghihingi ako ng time para makasama ko anak ko at least pag day off ko pero ang problema ayaw nila na ilalabas ko ng bahay nila ang anak ko. Kung bibisita daw ako dun lang daw kami sa loob ng kwarto. Eh ang gusto ko po mangyari is pag off ko lalabas kami at iuuwi ko sya sa bahay para makapag bonding kami ng maayos.

Any advice po na pede ko magawa?

[jifinickle]

baby steps first.

followtheir terms first.

Thank you for replying to my message. Do I really have no other choice?