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Claim of the heirs of an unpaid purchased lot.

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1 Claim of the heirs of an unpaid purchased lot. on Wed Apr 17, 2013 11:51 am

My parents sold a portion of 3,000 sq mtrs lot on 2004 to the buyer and they fully paid that lot which cost 750k on 2005. On the same year, the buyer purchased again another 3,000 sq mtrs lot on same agreed price, still in installment basis. The buyer claimed 200 sq mtrs lot as their commission on the second purchased lot without the knowledge of my parents. Because my father didn't want to argue with it, the commission was given but without any signed contract. All my parents signed was just an " Affidavit of Acceptance" of the amount they received and was not notarized. The buyer still did not settle the remaining balance of 75K because they told my father that their remaining balance is the payment for the processing of the transfer, title in their name and that was not still in the contract because in the first place they don't really have a contract. The total 6,000 sq mtrs lot was surveyed, approved and ready for transfer. My father again and again asked for the payment of the remaining balance so that they can execute a deed of sale but the buyer refused to pay. Until on 2010 my father died. On 2011, we made an Extrajudicial settlement of the estate indicating our names, from my mother and to us, the heirs.and we already paid the estate tax to the BIR and the processing is on it's way to the Register of Deeds. Just recently, the buyer showed up asking for us to sign the deed of sale because they will now pay the remaining balance. So at first I asked for a copy of all the documents signed by my parents because my parents don't have a copy of it. We found out that the Deed of Absolute Sale of the first 3,000 sq mtrs purchased lot was not totally filled in and has no date when it was executed, notarized and signed by both parties. Is it valid? What is our claim as heirs of the unpaid purchased lot? We agrred not to accept their payment and we want the cost of the unpaid lot changed on our present value today., Is that ok?

Thank you very much and God bless

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nsmbatangas


Arresto Menor
Dahil walang notarised deed of sale ang bayarang nangyari bago namatay ang father mo, ibig sabihin kayo pa rin ang may ari ng lupus at hindi nila kayo pwedeng piliting mag sign Kung ayaw nyo.

Hindi naman kayo ang tumanggap ng pera kaya pwede nyong sabihin na wala,kayo kinalaman sa bayarang nagyari, unang una wala ngang deed of sale.
Gets mo.

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homem


Arresto Mayor
@ramosrian39@yahoo.com
What is our claim as heirs of the unpaid purchased lot?
---->you have the right to reposses the unpaid property or execute new agreement

We found out that the Deed of Absolute Sale of the first 3,000 sq mtrs purchased lot was not totally filled in and has no date when it was executed, notarized and signed by both parties. Is it valid?
---->meaning, there is no sale transaction took place

We agrred not to accept their payment and we want the cost of the unpaid lot changed on our present value today., Is that ok?
-----> yes,

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