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

purchase of a real property with unclean title

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

1 purchase of a real property with unclean title on Thu Mar 24, 2011 10:41 pm

lawabidingcitizen


Arresto Menor
My mother bought a house and lot from a friend for a contract price of 2M payable in 5 years, with option to pay immediately. The propery was immediately occupied by my mom.

On the third year, when my mom opted to pay the remaining balance, a problem occured. The subject property's title is not clean. The property is mortgaged to a local bank. This was not declared to us upon purchase and the deed of sale said that the property is free from encumbrances.

Can i rescind the sale and refund the payments made? Do i have a good case?

What about the 2 year stay in the house? can the seller charge us for rent for staying there 2 years?

View user profile

attyLLL


moderator
was it mortagaged before or after you bought the property?


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

lawabidingcitizen


Arresto Menor
It was mortgage prior to the sale. But was not disclosed. Please advise..

View user profile

attyLLL


moderator
if it was mortgaged prior to the sale, then it would have been annotated on the title. did your mother not verify the title first?

anyway, yes, you can rescind the contract. if the court believes that the seller acted in bad faith, then it may be that a full refund with charge for use will be awarded.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

JessiePearl


Arresto Menor
But his mother needs the proof of it or else court won't believe it..it's some what critical situation..

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