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Pls. Advice on what legal implications a person who sells vehicles that don't have proper deed of sale.

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naslynne0329


Arresto Menor

To whom it may concern;

I have a scenario here wherein I asked a close friend of mine to find and buy me an AUV-XLT that I can used for business. To cut the story short, he was able to find and buy an AUV-XLT for me. But the problem is the owner of the AUV-XLT is the 2nd owner and has no notarized Deed of Sale. He told my friend that he can readily produce the needed Deed of Sale from the original owner. After the transaction transpired they are giving me a Deed of Sale that is named after the 2nd owner without any Deed of Sale between the original and 2nd owner. It was then that made me think that this friend of mine has other interest. He thinks that because he is a close friend of mine and that I don't have knowledge about buying and selling cars that he would make a fool out of me.

Now I learned that the original owner that is named in the OR/CR is already dead making it more complicated and needing an Extrajudicial Settlement with Deed of Sale from the surviving children and wife. Please confirm if I'm right Mam/Sir? Also would need advise on what course of action I can take with the seller/2nd owner so I can force them to bring my money back. I have the OR/CR of the vehicle and a Deed of Sale that the 2nd owner has signed but its not yet notarized.

Lessons learned. Never trust even a closed friend when there is money involved and you are not around.

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TiagoMontiero


Prision Correccional
^yes you are right, the Land Transportation Office will ask you to present two Notarized Deed of Sale, (first) the Deed of Sale between the orignal owner and the 2nd owner and (second) the Deed of Sale between the 2nd owner and yourself. Without these Deeds of Sale, the LTO will deny your registration.

Try to negotiate with the 2nd owner to return the money to you, if the 2nd owner deny your request, you may file a recission of contract against the 2nd owner or file estafa case against your friend and the second owner, but it may take years. Or you can ask the 2nd owner to execute another deed of sale (with extrajudicial settlement of estate) between him and the family of the original owner, however, since it is a deed of sale with extrajudicial settlement of estate, the LTO might defer the registration of the car in your name for 2 years.

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naslynne0329


Arresto Menor
Thank you TiagoMontiero Sir!

Isang katanungan pa po. Wala po bang ibang kaso na pweding isampa na mabigat sa kanya para medyo matakot naman sila at hindi na nila gawin sa susunod? Katulad ng pagbebenta ng sasakyan na hindi naman sa kanya. Kasi ibinenta nya yung sasakyan ng wala siyang kaukulang documento na nagpapatunay na ibinenta nga sa kanya nung original na may-ari yung sasakyan o nung kanyang mga naiwanan.

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TiagoMontiero


Prision Correccional
sa opinion ko, Estafa na kasi ang pinaka-mabigat na kaso, kulong ang parusa niyan.

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