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Absolute Deed of Sale

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1 Absolute Deed of Sale on Thu Jun 04, 2015 11:13 am


Arresto Menor
Hello po to all mods and mems.

Legal advise will be much appreciated
#1.  HOW BINDING IS THE ABSOLUTE DEED OF SALE?  In process po yung buying ko ng property (house & lot).  Vendor is in California, Meron siyang S.P.A. authenticated by the Phil. Consulate in L.A.  Yun SPA po  wala sa Atty-In-Fact, hawak po ng Lawyer nila.  Hindi ako comfortable sa scenario na gusto nila.
    a.  pirmahan Absolute Deed of Sale.  Mag bayad ako full amount ng property to be deposited sa bank account nila sa California. Saka pa lang ibibigay ng lawyer nila and documents sa akin.  MY CONCERNS : paano po kung me problema ang docs nila and we can not legally transfer title sa akin? I've heard of properties with more than one person having legal claim to it? Do I end up with a very expensive piece of paper and no way to get my money back?  BTW wala po ako panahon for litigation. Should I just kiss the deal goodbye? or meron pa other solution? Salamat po for any advise.

#2 Gusto ko lang pong mangyari. Kasama yung Atty-In-Fact sa paglakad ng papeless armed with the necessary documents needed by the different agencies . Punta kami sa BIR to pay Capital Gains etc. Punta kami to get Tax clearance. I will be doing the spending they just tag along holding the necessary documents. Payag po si Atty-In-Fact to this arrangement pero away ni Lawyer to release supporting paper to Atty-In-Fact. Yung disbursement ko po talo na ako kung me irregularities ang documents. All I ask is up to Register of Deeds acceptance acceptance to process transfer. Unreasonable po ba gusto kung mangyari? HELP

Last edited by dumbvendee on Thu Jun 04, 2015 11:25 am; edited 1 time in total (Reason for editing : additional information)

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2 Re: Absolute Deed of Sale on Thu Jun 04, 2015 11:27 am


Reclusion Perpetua
this is binding after you have successfully register it on the Registry of Deeds.
if 2 persons have each a DOAS of same property, the one that have it registered will be honored as the owner.
are you dealing with Pinoy or Foreigners,
that is because non-filipinos are prohibited to own any land,,
building is ok.

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3 Re: Absolute Deed of Sale on Thu Jun 04, 2015 11:33 am


Arresto Menor
Pinoy po na hindi pwede umuwi to transact the sale (TNT). Ako po ay dual citizen umuwi lang para sa deal na ito. Meron potenant and im ok with that .... one of my reasons for buying the property. The tenants are not my relatives but very dear to my heart.

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4 Re: Absolute Deed of Sale on Thu Jun 04, 2015 12:06 pm


Reclusion Perpetua
yong #2 na gusto mo, pwede naman yon eh,
yun nga lang, bakit ayaw nila...

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5 Re: Absolute Deed of Sale on Thu Jun 04, 2015 12:15 pm


Arresto Menor
Exactly po. meron trust issue. I don't understand why issue S.P.A. to someone you cannot trust (kapatid po ito). Yung sign Absolute Deed of Sale and Lawyer hang on to it ... I deposit the full payment sa California bank ... vendor call Lawyer nila to release the Deed sa akin ... is advise of Lawyer. So bottom line my butt is unprotected? and walk away from this? Salamat po. I will continue reading the post .... very entertaining and I'm learning a lot

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6 Re: Absolute Deed of Sale on Fri Jun 05, 2015 5:22 pm


Arresto Menor
Hello again to all moderators and members

I did some reading about conditional sale. My question: do we still have to execute a Deed of Absolute Sale after all conditions are met? It seems that the Deed of Conditional Sale is acceptable by the Register of Deeds for transfer of title to buyer. After I fully pay Seller and title is transfer to me is there a point for the Deed of Absolute Sale?

Here is partial content of online sample:

2.That upon signing of this contract the VENDEE shall pay the VENDOR a down payment of P 100,000.00; that the remaining balance shall be paid in full upon transfer of title and tax declaration in the name of the VENDEE;

3.That the VENDOR reserves his right of ownership over the subject lands until full payment of the consideration;

heto po ba ay conflicting statement? that the remaining balance shall be paid in full upon transfer of title and tax declaration in the name of the VENDEE; does it mean transferred na title? and in item #3 vendor reserves the right to ownership until full payment .....

Last edited by dumbvendee on Fri Jun 05, 2015 5:34 pm; edited 1 time in total (Reason for editing : additional question)

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