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Withdrawal of Lot Sale

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1 Withdrawal of Lot Sale on Tue Jun 25, 2013 10:22 am

advise_please2013


Arresto Mayor
Good day!

I would like to ask for your legal advice on this matter.

We are the seller of the lot. A buyer has paid 50% of the total amount. We have given the buyer a Deed of Conditional Sale. For some reason, we want to cancel the sale. Can we just refund the buyer and get the land back? If yes, what is the procedure. 

Whoever has knowledge, please share.

Thank you very much.

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2 Re: Withdrawal of Lot Sale on Tue Jun 25, 2013 10:43 am

AttyZag


Arresto Mayor
Hello, 

A contract of sale is basically a contract wherein you obligated yourself to sell a certain property at a specific time. More often than not, contracts to sell have a clause on what would happen in case the seller does not want to go through the process any more. If so, then comply with it to get out of the contract.

In case it doesn't have this provision, you have 2 probable outcomes on how this would proceed:

1) Ask nicely - Legally, the buyer already has the right to expect that you go through the transaction. To solve this as simply as possible, you could ask the buyer (nicely) if he would agree not go through with the transaction. If he says yes, then just make another document saying that both parties agree not to go through with the transaction, sign them, and you're off the hook. Don't forget to return the money you got.

2) Go through litigation - In case the buyer is intent on going through with the contract, he may file a case in court against you for specific performance. There, the court may compel you to go through with the transaction, or in case you really choose not to do so, the court will ask you to pay for whatever damages the buyer has incurred as a result of your refusal to comply.

I advise you do to everything to avoid this since this will entail more expenses on your part.

I hope this helps, and I hope you get to resolve your issue soon.

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3 Re: Withdrawal of Lot Sale on Tue Jun 25, 2013 10:58 am

advise_please2013


Arresto Mayor
Thank you very much, Atty. Zag.
Actually, the better option for us is litigation as we know that the buyer is really interested in the lot. However, due to other legal conflicts, plus personal grudge, we now want to cancel it. There is no condition however on the possibility of cancellation of sale. Should the buyer ask for damages, what is the maximum amount can she demand? 
I would also like to ask on how to counter an adverse claim. I am sure that her claims are invalid.

Thanks a lot for the help and more power!

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4 Re: Withdrawal of Lot Sale on Tue Jun 25, 2013 11:28 am

AttyZag


Arresto Mayor
Adverse claim? You never mentioned any issues regarding adverse claim on the lot in your post. This is turning out to be a bit more complicated than trying to get a contract to sell cancelled.

In this case, I would advise you get a lawyer immediately so you could relay all the relevant facts and issues. I'm afraid that advising you through an internet forum would not be able to cover all the issues adequately. Please consult a lawyer soon.

Hope this helps. Smile

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5 Re: Withdrawal of Lot Sale on Tue Jun 25, 2013 12:15 pm

advise_please2013


Arresto Mayor
Thank you so much Atty. Zag for your prompt reply. 
You are right it is complicated.

My next question is: 

We have more than one property. If the claimant files an adverse claim over one property only, can we continue with the other property transactions? Can we still transfer the name of the decedent owner to ours/ us (the children/heirs)?

Maraming maraming salamat po sa tulong nyo.

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6 Re: Withdrawal of Lot Sale on Tue Jun 25, 2013 12:22 pm

AttyZag


Arresto Mayor
Yes, you can continue. But to be sure, do it with the assistance of a lawyer. Smile

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7 Re: Withdrawal of Lot Sale on Tue Jun 25, 2013 12:31 pm

advise_please2013


Arresto Mayor
Thank you so much!
Ang bilis po ng reply nyo. Kahanga hanga!
God bless!

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8 Re: Withdrawal of Lot Sale on Tue Jun 25, 2013 4:02 pm

AttyZag


Arresto Mayor
You're welcome. :-)

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9 Re: Withdrawal of Lot Sale Today at 12:09 pm

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