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contract to sell

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1 contract to sell on Tue Jun 18, 2013 10:05 pm


Arresto Menor
Im, asking for your help..ask ko lng po sana kong ano po ang katibayan ng contract to sell? kasi may binili kami na property naka terms po cya ang mode of payment noong May lang po kami nag sign ng contract to sell during our first payment na nag down kami nag 1/3 sa total contract price, tapos mga isang buwan lng po biglang nag bago ang isip ng seller tumawag sa akin at ang sabi ayaw nalang po nila ibinta ang property nila kasi may naka una nang contract to sell babalik nalang po daw ang pera namin pwedi po ba yon?ano po ba ang pwedi ko gawin sa kanila kasi ang isauli ang pera namin talagang hindi kami sana papayag...maraming salamat po...sana matulungan nyo ako...

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2 Re: contract to sell on Wed Jun 19, 2013 6:52 pm


Arresto Mayor
Contract to sell is there precisely to prevent this situation from happening. The contract to sell guarantees that the sale would happen in the future subject to the fulfillment of the conditions you listed there.

If they don't want to comply with the contract to sell, first, look at the terms of the contract. Kung meron nakasulat dun na penalty or fee na babayaran kung hindi matuloy, yun ang sundin ninyo.

Next, kung wala naman nakasulat, you may file a case in court against them either forĀ 

1) Breach of Contract - You will ask for Damages from them; or
2) Specific Performance - File a case in court to compel them to comply with their obligations under the contract.

In either case, I hope you find a lawyer to discuss your options and so you could prepare the necessary paperwork.

Hope this helps.

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