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downpayment and bank guarantee

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1 downpayment and bank guarantee on Sun Oct 23, 2011 2:00 am


Arresto Menor
Hi I am buying a property thru bank loan. initally I agreed with the seller that I will give partial down. Now I am quite hesitant realizing that I would have no hold on him to actually proceed tranfer the title and the tax declaration before the bank pay him. he can delay it or do nothing at all

How does downpayment really work? is it paid before the tranfer of title and tax dec or after the bank has paid the seller.

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2 Re: downpayment and bank guarantee on Mon Oct 24, 2011 6:44 pm


Arresto Menor
Sir, execute a contract to sell with the seller. Then, have it notarized and enter it in the register of deeds. I hope before you do anything, ask for the TCT (transfer certificate of title) and go to the register of deeds to get a certified true copy, then compare. Also check for liens and encumbrances on the title, and check if the property taxes are paid. If the title is clean, then proceed with the contract to sell. The down payment is part of the contract to sell. After you've paid in full, then you will execute a deed of absolute sale so you can transfer the title to your name.

Please research more on how to transfer titles, or go ask the register of deeds for the procedures involved. This is not legal advice because I'm not a lawyer. Hope that helps.

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