Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Obligations of Philippine Representative with SPA

View previous topic View next topic Go down  Message [Page 1 of 1]

fazaragoza


Arresto Menor
I have signed an SPA to represent my auntie who is living in the states to purchase a condo.

The SPA states the following:

1. To maintain, mortgage, transfer assign or sell the property
2. To pay/settle any obligation, pecuniary or otherwise pertaining to or arising out of the purchase, maintenance, mortgage transfer of rights or sale of the above-mentioned property

and other stipulation.

Situation:
1. The checks issued to the developer are all under my name
2. I have funded the checks under the premise that my auntie will send me funds on a monthly basis (no written document to say so).
3. My auntie have accumulated around PHPH 230k of amount to be paid to me since she has not been sending me payment to fund the checking - i have been shelling out my own money to make sure that i dont get arrested for bouncing checks.

Advise/Help needed:
1. I want out of the SPA
2. Get paid what my auntie technically owes me
3. I want to advise my bank to stop any check encashments coming from the developer (because if i remove funding - i can be arrested for bouncing checks)

Please advise what i should do. The SPA binds me To pay/settle any obligation, pecuniary or otherwise pertaining to or arising out of the purchase, maintenance, mortgage transfer of rights or sale of the above-mentioned property

I dont want to fund the checks anymore as my budget and savings has been depleted by the fact that my auntie INCONSISTENTLY sends money to pay for the condo.

I dont want to have any obligations to pay for the property that is not mine because i am not receiving consistent money from my auntie.

Please help.

I dont want to be held liable to pay for a property i dont own.
I want to get paid the amount my auntie owes me.

View user profile

tsi ming choi


Reclusion Perpetua
You have a valid reason for the withdrawal from the agency/SPA.

All you have to do is to execute a document stating therein your intent to withdraw from the agency/SPA and your reasons therfore. There is no formal title of the document so long as the content indicate therein your intent to withdraw.

Send a copy to your principal/aunt, have it returned mail AND also to the developer.

You dont need to worry about the terms in the SPA, since this will no longer be binding after you withdraw from the spa and after notices were send.

View user profile

fazaragoza


Arresto Menor
Thanks for the prompt reply.

3 questions if i may add:

1. Can I have my withdrawal effective immediately or should the document/notice still needs to be acknowledged as "RECEIVED" by the Principal for it to be effective.

2. Or as long as I sent the docs through courier would the airway bill already suffice as proof that notice was already sent?

My dilemma is if the principal claims that the notice was "not received" then i cannot tell my bank to put on hold any checks payable to the developer.

3. Any possible legal action to take on the money the principal owes me?

Thank you very much!

View user profile

tsi ming choi


Reclusion Perpetua
1. Notice to your principal is necessary.
2. You must have a "returned mail" as proof of receipt, so that the principal can not claim that she did not received any documents/notice of withdrawal.
3.Yes, but considered as personal case, maybe for collection of sum of money.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum