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Buying a Property Inquiry

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1 Buying a Property Inquiry on Mon Aug 30, 2010 5:31 pm

paul14louie


Arresto Menor
Good Day,

I have a question and i hope someone can give me an advice.

I am buying a property in the Philippines but the owner is in Dubai i told here to get a Special Power of Attorney from our Consulate in Dubai. The problem is that her employer don't allow her.

I want to buy her property but i don't want to have any problem in the future. Please give me advice if there is another option rather than getting a SPA from our consulate.

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2 Re: Buying a Property Inquiry on Mon Aug 30, 2010 5:40 pm

attyLLL


moderator
you mean that her employer won't giver her leave so she can have the opportunity to go to the consulate?

i'm afraid i cannot see any other way because the SPA has to be notarized.


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3 Re: Buying a Property Inquiry on Mon Aug 30, 2010 5:45 pm

paul14louie


Arresto Menor
Yes sir her employer won't give her a leave so she can go to the consulate.

She went to Dubai (February 2010). Is it possible that we make a SPA from the Philippines dated when she is still at the Philippines (January 2010). She is a family friend and she keeps telling me to trust her but i really want to make sure that i will not be having a problem in the future.

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4 Re: Buying a Property Inquiry on Mon Aug 30, 2010 5:52 pm

paul14louie


Arresto Menor
Sir if the SPA is notarized in the Phil. does it make it void because she is in Dubai? I have evidence like FACEBOOK Messages from her saying to trust her and her having problem in getting a SPA from the Embassy.

Does the message count as an approval from her and a evidence that make our deal valid or legit?

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5 Re: Buying a Property Inquiry on Mon Aug 30, 2010 6:13 pm

attyLLL


moderator
i know it's tempting to take this short cut, but that would be falsification of a public document. i do not recommend that you get involved. i also don't recommend that you pay without the security of a deed of sale and turnover of the owner's copy of the TCT


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6 Re: Buying a Property Inquiry on Mon Aug 30, 2010 6:22 pm

zulfikarl


lawyer
The Law on Notarial Practices require that the person who executed the SPA must appear in person before the notary public. The notarization could become legally ineffective.

Also, the Statute of Frauds requires that any sale of real property must be made in writing, otherwise, it shall be unenforceable.

Never make your friendship a reason for not putting the sale in writing if you want to avoid legal intricacies later on.

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7 Re: Buying a Property Inquiry on Mon Aug 30, 2010 8:30 pm

paul14louie


Arresto Menor
Yes sir she will provide me with the Original Title of the Property and with a Deed of Sale. But the problem is she's abroad and she can't get a Special Power of Attorney in our Consulate because of her employer.

What is the best thing that i should do?

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8 Re: Buying a Property Inquiry on Mon Aug 30, 2010 9:25 pm

paul14louie


Arresto Menor
And another question sir if the property is already transferred in my name. Can the seller still file a case in reclaiming the property?

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9 Re: Buying a Property Inquiry on Tue Aug 31, 2010 12:32 pm

attyLLL


moderator
you will make yourself vulnerable if you transfer it using falsified SPA.


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10 Re: Buying a Property Inquiry on Tue Aug 31, 2010 4:02 pm

paul14louie


Arresto Menor
Thanks, she really needs to get a SPA from the Consulate.

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11 Re: Buying a Property Inquiry Today at 10:24 am

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