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Buyer behind on installments but no contract

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1 Buyer behind on installments but no contract on Sun Aug 11, 2013 5:13 pm

cons


Arresto Menor
Hi, I am new here. I am currently in a situation where I need legal advice for. Found your page so I thought I would send you the message re my dilemma.

I have a house under an agreement to sell with a buyer on a 7-yr term. She has paid 3 yrs to date but not signed contract as she never got around to returning the contract I sent signed or executing an SPA to one of her daughters who live in the house, which she had been saying since the start. Now she has not paid in last 5 months. I want to file for eviction. Do I have the legal right to do it? What is the procedure?

I'm not a wealthy person and the house was my only other income apart from my current work salary.

I have read the Maceda law as suggested by irigahauler but I found its basically the rights of the buyer if in case he stops paying the installments for whatever reason.

How about my rights as the owner? Can i cancel our agreement, especially that the contract was not signed? Can I proceed to sell my property again? Her family is still living there. Will I be able to get them evicted?

I really need to know some answers as time is of the essence and I'm losing a lot from this as each day goes by.

Thanks.

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tsi ming choi


Reclusion Perpetua
cons wrote:
How about my rights as the owner? Can i cancel our agreement, especially that the contract was not signed?
Yes, you can cancel the agreement even the contract was signed or not signed, because the nature of the contract is CONTRACT to SELL and NOT CONTRACT of SALE. There is a perfected contract even it was done verbally.

In a Contract To sell, the seller/owner remains the owner of the thing sold UNTILL the buyer fully paid the selling price thereof.

So, if the buyer did not comply his obligation or the terms and conditions as stated therein, the remedy of the seller/owner is to cancel the contract to sell and demand for an ejectment against them( like in your case)

cons wrote:
Can I proceed to sell my property again? Her family is still living there. Will I be able to get them evicted?
Yes, you can sell your property again likewise, have the right to evict them, because you are the owner of the property.

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