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sale of property by installment (repossess)

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1 sale of property by installment (repossess) on Thu Mar 21, 2013 12:40 pm

francis17


Arresto Menor
Good Day!, I would like to ask an advise with regards to a sale of property by installment, which has been repossess by its owner. It is understood that it is a breach of contract in part of the owner. A certain portion of the contract as conditon #3. states that " at anytime the seller will decide to recover the same property for whatever reason ; the buyer will claim without demand all PAYMENTS made and will be given six (6) months to vacate the property." that is exactly what is written in the contract.This happens last march 18, 2013. The buyer issued a demand letter dated March 20, 2013. has to be paid within 15 days upon the date of the demand letter. the problem is the buyer is insisting that we have to pay her in cash the six (6) months period to vacate the property in reference to condition #3 which i stated earlier , converted into cash equivalent to php36,000 (php6,000 x 6 months) My question is do we have an obligation to pay the said amount? insisting that the six months period that we are giving her to vacate the property is free of charge and should be converted into cash?. For all I know it is not stated in the contract that the six (6) months period to vacate the property is free of charge. and never to convert it into cash. I need your legal opinion please help me to enlighten my mind. Thanks a lot More Power and God Bless!

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rosejoy


Arresto Menor
based on what I know:

Breach of Contract has 2 types:

Actual - where one party refuses to form his side to bargain on the due date or performs incompletely.
Anticipatory - wherre one party announces, in advance of the due date for performance, that he intends not to perform his side of the bargain.

The effect: A breach of contract, no matter what form it may take, always entitles the iinocent party to maintain an action for damages. Which means the innocent party (the buyer) has the right to demand since the owner is the one who do not intend to perform the side of the bargain.

Hope this one helps u

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francis17


Arresto Menor
i think this is anticipatory breach of contract. but the sale by installment has just started last February 5, 2013. 1 month plang po nagbago na ang isip ng nagbenta ayaw nlng ituloy ang bentahan. kaya po ng fall doon sa condition # 3 " at anytime the seller will decide to recover the same property for whatever reason ; the buyer will claim without demand all PAYMENTS made and will be given six (6) months to vacate the property." gusto n daw nlng nyang umalis na pagkabayad ng unang demand nya na more than 120,640 ksama po sa amount na yan ang deposit 1 month advance at ung mga ginastos nya pagpagawa ng screendoor at mga pagpapasemento ng ilang bahagi ng apartment. wla pong problema jan ibabalik po sa kanya lahat yan. ang ayaw po bayaran ng may ari ay ung sinasabi nya na 6 mos period na binibigay sa kanya na makatira habang wla pang malilipatan. sa march 5 p po ang tapos ng isang buwan. meaning after march 5 pwede mag start ung 6 mos. nya, pero gusto n nya umalis. pero gusto nya bayaran sya dun sa 6 mos period na nakalagay sa contract at i convert nlng daw sa cash, which is equivalent to 36,000. tama po b un? obligado po ba kaming bayaran ung 6 mos na un? eh hindi p nmn nya nagamit un? hindi nmn po nakasaad sa contract na kung pwede i convert ung 6 mos sa pera at pwede nyang makuha iyon?

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rosejoy


Arresto Menor
francis..nakakapagtaka nmn kc 1month pa lang nagbago n agad ang isip ng seller? ano ung reason? valid b ung reason niya? nag usap n b kau ng buyer? Bago ba pinirmahan ng seller ung contract, binasa ba niya ng mabuti? naintindihan b niya ung contract? s sitwasyon nyo kasi n biglang binawi ng seller yung contract tapos 1month pa lang,para namang niloloko niyo ung buyer, parang pinaglalaruan ninyo... n kay buyer lahat ng karapatan para mag demand. pero kung kilala niyo ung buyer or kamag anak, kaibigan mas magandang mag usap kau ng mabuti para mag kaintindihan.

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francis17


Arresto Menor
ayun n nga po ang ikinaiinis ko sa pinsan ko. hindi muna kasi pinag isipan mabuti. nakinig sa mga sulsol ng mga kapatid nya.tpos ngayon me problema ako ang humaharap kasi ako ang kausap. Apartm,ent po un dati na tinitirhan ng kapatid nyang lalake ng away sila ewan kung ano nnaisip ibinenta ngayon aus na sila. parang nghinayang sya kasi sa sulsol din ng mga kapatid nya dahil mura ang pagkakabenta ng apartment kasi maganda pagkakagawa lahat tiles up and down 2 cr isa sa taas isa sa baba. Cr plang d n talo ang bibili cguro nsa mga 160k ang nagastos sa CR pagpagawa saka ung elevated tank!! tpos ung mismong apartment bago p po un l p ytang 1 yr natatayo. kung sa lugi oo lugi sya sabi ko sa kanya kaya lang nakipag usap sya nakipag commit tpos babawiin nya. sabi ko hindi maganda. eh ang sinasabi nya nakalagay nmn na pwede bawiin.bwisit ksi mga sulsol eh!!!! tpos pag me problema di nmn sila napeperwisyo ako!!! cge po salamat po mam!!!! ah. abogado po b kyo??? salamat po sa advise nyo

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johnmichael


Arresto Menor
On my opinion... you as the seller is the one who breached the contract since you have chnaged your mind and want to claim the property. Automatically, the buyer is to be considered as the innocent party..thus having the right to demand from the seller.. if the buyer would bring this to the court, they have two options: 1. they can demand the buyer to pay them waht has been stated from the contract and ask for any payment which the buyer believed they should be paid by the seller. 2. They can ask the court to prevent the other party (seller) from backing out of a contract which is recovering the property.

And on my analysis I think you guys are going through some kind of a family problem..On my opinion.. better talk to the buyer and settle this. And next time, before signing any contract read it and study it carefully...

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francis17


Arresto Menor
thank you very much!, all your advice's and opinions were appreciated it helps me a lot .I have already send an email to my cousin and discuss about these, as you all have said, I have told her that next time she has to think carefully.My cousin is in Japan. I am the one who looks after her properties here, but this apartment selling is being made just by her alone, not consulting anyone. My participation is to collect the payments. and to look after the convenience of the tenant's during their stay at the apartment. hahaha na mukhang di nging convenient. anyways! advice ko nlng sa kanya na kausapin nlng ung buyer. at i settle nlng nila ng maayos ..... tutal sila din lng nmang dalawa ang nag usap tungkol dito. This will serve as a lesson in my cousin's part... she'll know what to do next time. Again thank you very much for the advice!!! Have a good day and be bless!

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rosejoy


Arresto Menor
well, kung sa tingin nyo eh lugi yung pagkakabenta nyo, might as well give the demands of the buyer. Kesa nman habang buhay kayong mag sisi na kung sana eh napag isipang mabuti, di sana na ibenta niyo sa mas malaking halaga yung bahay at nabawi niyo lahat ng ginastos nyo. Try to compare kung magkano yung magagastos niyo pag binigay nyo yung demands ng buyer sa kikitain niyo sana pag naibenta niyo ng tamang value sa iba. And again next time mag ingat sa bawat kontratang pipirmahan.

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francis17


Arresto Menor
Good Day Mam! consult ko lng po. Nag issue po ung buyer ng demand letter na 15days ang duration. Problem po ang pera ng cousin ko ay nasa bank dito sa phils. to withdraw the money needs her authorization and a withdrawal slip signed by her.(passbook is in my posession)I send the withdrawal slip through ems it takes more than a week before she can receive the ems and signed the doc. and another week to send it back here.I told the buyer to wait for awhile since we are still processing the matter.but she said that she has a due date with the property that she wants to pay, so she keeps on insisting bout the date! the 15days demand letter that she had issued.wla daw sya choice kung hindi i insist ung demand nya! I sense some kind of harassment.Though i understand na masama loob nya ano po pwede nyo ipayo sa akin tungkol dito?

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homem


Arresto Mayor
...told the buyer to wait for awhile since we are still processing the matter.but she said that she has a due date with the property that she wants to pay, so she keeps on insisting bout the date! the 15days demand letter that she had issued.wla daw sya choice kung hindi i insist ung demand nya! I sense some kind of harassment.Though i understand na masama loob nya ano po pwede nyo ipayo sa akin tungkol dito?





---->therefore, let them wait until you are comfortably ready to get the money needed to give their demand or stick on what is written in the contract, let them vacate the premises after 6 moths.


[quote="francis17"]Good Day!, I would like to ask an advise with regards to a sale of property by installment, which has been repossess by its owner. It is understood that it is a breach of contract in part of the owner. A certain portion of the contract as conditon #3. states that " at anytime the seller will decide to recover the same property for whatever reason ; the buyer will claim without demand all PAYMENTS made and will be given six (6) months to vacate the property." that is exactly what is written in the contract.



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11 Re: sale of property by installment (repossess) on Tue Apr 16, 2013 10:48 pm

homem


Arresto Mayor
3. states that " at anytime the seller will decide to recover the same property for whatever reason ; the buyer will claim without demand all PAYMENTS made and will be given six (6) months to vacate the property." that is exactly what is written in the contract.


It is the problem of the buyer for signing this contract with a statement that the seller can reposses the property anytime. Though, the seller must return all payment made by the buyer, there is no agreed definite time when to return the payment made but there is an agreement that the buyer can stay in the property for 6 months for free. Therefore, it may be assumed that 100% refund must be returned within these months. But for fairness and to lessen tension, better return all the money to buyer right away, on the date when the seller declared to reposses the property. Regarding the conversion of 6 months free lodging into cash, it is prerogative of the seller if she wants to give in to the demand of buyer or not.


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