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almost paid the lot and now the children refuse to sell the property

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amyb


Arresto Menor
Dear Atty,

May i ask your opinion on a certain property, house and lot, which we paid in 2001 but was not issued a deed of sale, only acknowledgment receipt signed by the title owner. Recently the children sent text message to us that they now refused to sell the property and that they will refund to us the amount we paid in 2001. What shall we do now Atty., we feel it is very unfair for them to return in partial payments the money they have already signed/ acknowledged and used to enrich themselves. I refused that we be refunded but what is the proper remedy we can do? Do we have to sue them in court or how can we annotate the title when we only have the acknowledgment receipt? Please help us. Thanks.

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attyLLL


moderator
you can consider a complaint to compel the seller to issue you a deed of sale.


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amyb


Arresto Menor
Dear Atty.

Thanks Atty.
To lodge a complaint sa court? pano b ang paraan para mapadali ang resolution ng mga mga ganitong civil cases? Maraming salamat ulit

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amyb


Arresto Menor
Dear Atty.
We demanded for a Deed of Sale from the seller of the house and lot, since we have almost paid the agreed amount, but in reply, the owner is asking us to pay them interest of 12%per annum for 10 years. Is the interest rate considerable?
We are opting to file the matter in the court because the interest rate is too high and we hope the court will be considerate not to grant the interest they are asking us to pay.
From their side, they wanted us to settle amicably paying the above interest and that there is no need to bring the matter in the court. Any comment/s on this matter Atty.?
FYI, we have not agreed that we pay interests since no contract agreement has been given to us.
Hoping to hear from you Atty.

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amyb


Arresto Menor
Dear Atty.

After more than one year of negotiating with the owner to issue us a Deed of Sale, we are now compel to lodge the complaint at the MTC...

What would be the title of the case? specific performance or statute of frauds? Any idea on how the case would prosper?

Thank you for the very helpful insights we could get from this site.

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amyb


Arresto Menor
Dear Atty.

We are of the same barangay, if we file the case of specific performance do we need to start from the Barangay or this can be directly filed to RTC? anu-anong cases ba ang dapat na dinidirect file sa court or in this case the same barangay ang owner and buyer ng house and lot, are we required to file it first at the barangay and get Cert to File Action CFA?
Thanks and waiting for your response.

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mel.key.16


Arresto Menor
Barangay concilitaion is necessary. The RTC Judge will dismiss the case if you fail to undergo barangay conciliation. CFA is necessary.

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amyb


Arresto Menor
thank you so much atty. melki

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amyb


Arresto Menor
Dear Atty.
Better that during the pag-aayos sa barangay, the lot owner promised to prepare a contract to sell. Now they will sign it but asking us to issue PDC for the remaining purchase price, how do we proceed with payments in two installments before signing the Deed of Sale so that we won't wait in vain again for the Deed of Sale, baka mangyari ulit na d na muli sila pipirma just like the contract to sell. thanks

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