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Want to cancel the Dead of sale of sold property.

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Maria Sombal


Arresto Menor
Hello Good Morning,

Meron po akong poperty na naibinta, pero may contract to sell din po ito, To make it clear, nagpagawa po kami ng contact to sell ng nakabili ng lot ant may Dead of sale din po kami, Pero hindi na po nagbayad yung nakabili almost two years na. Tapos nagpagawa na po ng Declaration young naka bili ng lot, yung property is under na sa name ng bumili. I need help kung paano ko cya ma force na mag sa kulang na payment, and kung pwede paba ma cancel yung dead of sale and the Property Decleration. Please Help Thank you

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shad_marasigan


Reclusion Perpetua
rescission is not a remedy for a contract to sell. what you can do is to return the amount he paid and ask him to return the property. this is restitution.

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Maria Sombal


Arresto Menor
Wala nabang ibang paraan? hindi ko naba mabawi yung property? good as sold naba yun dahil sa Dead Of Sale? paano kung hindi ko na ma return yung money, kasi nagamit ko na.

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shad_marasigan


Reclusion Perpetua
Get a lawyer.

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jd888


moderator
yung property is under na sa name ng bumili.

pwede paba ma cancel yung dead of sale and the Property Decleration

Pero hindi na po nagbayad yung nakabili almost two years na


The other party failed to fulfill their obligation to you, they have not paid the entirety of the contract. The full payment on the Deed of Sale is "make believe" only. Therefore you may have a shot on reclaiming the land.

You may have to file a case for the cancellation of the title on the ground that the land covered therein was acquired without due consideration to the previous owner "YOU WERE NOT PAID" with the entire amount stated on the Contract/Deed Of Sale. You should file a case for cancellation of title before the Regional Trial Court of the place where the property is located. The court shall forthwith issue an order for the cancellation of said title once it is proved that the issuance thereof was not legally made or the sale is voidable.

You need a lawyer to fully review your case.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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