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Trying to purchase a land: step by step process and documents needed

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Miken


Arresto Menor
Hi,

I'm trying to puchase a small parcel of land with the following condition:
- the original owner is already deceased (no wife or child or will)
- he has siblings which I suppose is already the owner of the land. However title is not yet transferred to them.
- I am currently transacting/discussing with the niece of the deceased owner's who is claiming that she has a SPA from the siblings

Here are my questions:
- Prior to giving any amount to the niece, i will confirm that she has the SPA. Should the SPA be signed by the siblings? Or would a signature of one of them suffice? Also should the SPA be notorized.
- What document should I get from the niece if i gave her the initial downpayment (earnest money)? Should I require her to give me a contract to sell? Or is there any document that would suffice my claim in the future? Should the document also contain any provision that at the time of full payment I should have received the deed of absolute sale?
- what are the other documents that I should ask her a) when i make the downpament and b) full payment.

Sorry for the long list of questions. I already did some research but I'm still not confident with the info i have obtained.

Thank you and hoping for your prompt response. More power!!

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Lunkan


Reclusion Perpetua
Whole being in ONE title now and you want a small parcel of that?
Then a survey will be needed to separate your part if you want a title.
Surveys can cost rather much.

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Miken


Arresto Menor
Please ignore the 'parcel''. It should be 'a land'.

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Lunkan


Reclusion Perpetua
Miken wrote:Please ignore the 'parcel''. It should be 'a land'.
Oh. Then it's much "simpler" Smile
Except the normal documents when it's one seller,
you need to be sure ALL hiers agree to sell, so that document need to be verified With "all" I mean them with decision right now, not hiers to the hiers who are alive still.

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Miken


Arresto Menor
Does it mean that the SPA should be signed by all the heirs which says that they are authorizing the niece to sell the land?

Btw, thank you very much.

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Lunkan


Reclusion Perpetua
I'm not good at property law,
but I suppouse all have to sign, because otherwice can a not signing hier question the selling later.

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betchay001


Prision Mayor
The heirs must execute a document called, "Extrajudicial settlement of Estate" in addition to a Deed of Absolute Sale and a Special Power of Attorney.

Parcel of land is correct, it is what is written in the TCT.

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Miken


Arresto Menor
Thank you Lunkan and Betchay.

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