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

Unable to Transfer Title to Buyer - Lost Certification Authorizing Transfer

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

jccastro


Arresto Menor
i feel a little relieved after stumbling upon this site. i really need advice.

the buyer of the land we sold called me and informed me that until now, the title is not yet transferred to their name. they need the proof that the Capital Gains Tax was paid and the CAR or Certification Authorizing Transfer from BIR.

to give a brief background, my mother, Josephine Yulo bought this 215 sqm. lot in taguig city way back the 1980s. the only document left with her is the title. when we arrived here in manila, i looked for the lot and inquired in taguig city hall. they told me that the lot was due for auction if the back taxes are not paid.

i paid a partial amount but their records show that the property is still named to Epifania Santos, the former owner who sold it to my mother. this person is already deceased per their records.

since we do not have the financial capability to pay the full amount of the back taxes. we decided to sell it. but we made it clear that we only have the title and the receipt of the partial payment for the back taxes. a buyer agreed to buy the lot and shoulder all the expenses including the processing of transfer, back taxes, etc. provided we lower the price.

it has been around 6 months already and the title has not been transferred due to lack of documents per the buyer. they went to registry of deeds but the said office cannot find the duplicate title.

the city assessor's office said that they need the CAR-Certification Authorizing Transfer. their records still show that it's named under the deceased Epifania Santos.

1. what can we do? we do not have any documents left with us especially that CAR-Ceritification Authorizing Transfer or a proof that the Capital Gains Tax was paid.

2. can the buyer of the lot file a case against us or require us to return their money if the title is not transferred to their name?

for now, these are the questions i can think of. i am so disturbed that this turned out this way. any advice is highly appreciated. Sad

View user profile

attyLLL


moderator
i don't think there were any CARs issued back in the 80s.

you can take the position that the buyer took all the risks by purchasing the property which is why you even gave a discount.

if epifania is dead, the remedy may be to file a petition for quieting of title with the court.


_________________
[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

jccastro


Arresto Menor
thank you very much po. for now, that will be our stand na they agreed to buy the property and we were honest in telling them the background about lot.

i'll research further about the petition for quieting. thanks and regards.

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