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Procurement of land, problem in contract. Please help

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makis02


Arresto Menor
We bought a land more than a year ago (July, 2014). The land has few establishments which gives monthly rent. The land owner and I have some agreements.

1) I should pay the 50% of the total amount in exchange for the deed sale.
2) after giving the 50% payment and getting the deed of sale, I will be the one to get the rent of the establishments in the said land. In exchange, I should be responsible in paying the taxes for the said property.
3) the next 50% of the total amount should be given if and only if the land title has been transferred to my name and all the other documents needed are already completed. I should give the 50% payment in cash, in exchange for all the documents. (Abutan ng pera at papeles)

The first agreement was already done. I paid the 50% and the land owner gave me the deed of sale. However, after a couple of months, the land owner asked me if I can give him some money in advance because they badly needed it. I told him that we had an agreement but he said that they really need the money because of a family problem. Even though I am hesitant, I decided to give them some money. This scenario of them begging for money in advance and me giving them the money they needed (for pakikisama and pity on them) happened every now and then (this happened more than 10 times!) to the point where 75% of the total amount was already given to them. Clearly, the third agreement was not satisfied. I am always reminding him that we have an agreement but he always insist that he badly need the money and the documents are being processed already.

Now, he is trying to get money again and I am so pissed off already so I told him that I will not give him money anymore unless he can give me the remaining documents. He got mad at me and told me that since I am not yet fully paid, he will now be the one to get the rent of the establishments in the land. Which is contrary to what we have agreed in number 2.

Now, I don't know what to do. Are there any legal steps that i can do regarding this matter? Who has the right to get the rent for the said land? Please do help me. Thank you in advance.

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Lunkan


Reclusion Perpetua
makis02 wrote: 3) the next 50% of the total amount should be given if and only if the land title has been transferred to my name and all the other documents needed are already completed. I should give the 50% payment in cash, in exchange for all the documents. (Abutan ng pera at papeles)
Haven't the seller produced all documents needed to transfer the title, and handed them over to you or officials BEFORE you started paying? (=You are just waiting for the officials to handle it, so you get the title (when you fullfil your part of p3.)
If not - Why? What's missing?

OR has the seller handed over all documents, and the delay depend of Register of Deeds are still INVESTIGATING if the seller have right to sell whole, because of unclear ownerships by earlier inheritance steps?

Court cases take long time and money.
I don't know, but I GUESS Barangay Captains can handle such. Ask him. (The barangay where the property is.)

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makis02


Arresto Menor
Regarding part 3, he said that the documents will be brought to the LRA by next week.

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Lunkan


Reclusion Perpetua
makis02 wrote:Regarding part 3, he said that the documents will be brought to the LRA by next week.
Realy or just missleading...?

What reason does he tell for it wasn't done a year ago...?

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makis02


Arresto Menor
He told me that it really takes time. However, I really doubt that it will take more than a year (in fact almost two years) to do that. Someone told me that its probably because he's not really doing anything for the papers to be processed.

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makis02


Arresto Menor
That is the reason why I am really disappointed. I gave him a lot of consideration to the point of giving more money than what has agreed upon, yet the documents seem to take forever to finish.

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Lunkan


Reclusion Perpetua
makis02 wrote:He told me that it really takes time. However, I really doubt that it will take more than a year (in fact almost two years) to do that. Someone told me that its probably because he's not really doing anything for the papers to be processed.
Yes, very slow.
WHAT does he claim took long time?
The only "ok" reason some OUT of his control I can think of is if several other people need to sign and are hard to reach by living spread.
Perhaps some are OFW and came home this Christmas... Smile

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makis02


Arresto Menor
No, i dont think that's the case. I even doubt if its true that the paper will be brought to the LRA next week. This is why I think I have the right to get the rent of the establishments of the said land. I am doing my part, they are not. I think he's just making a fool out of me, trying to get all the money without completing the documents.

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makis02


Arresto Menor
About his claim, he just told me that "it really takes time" which, for me, he is indirectly telling me that it is normal to process the papers for almost two years. Approximately how long should all the necessary documents be done? If there is no conflict in the land which will delay the process?

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betchay001


Prision Mayor
It does take time but two years is not normal. Offer to help process the papers. What document was given to you? Was a contract to sell executed?

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