When buying property in the Philippines, Filipinos are mostly unaware of their legal rights as a real estate buyer. Contrary to public belief, the Philippines has a good number of laws that protects the homebuyer against unscrupulous people like unlicensed agents or outright scammers.

On the other hand, we see the growing trend of Filipinos being proactive in understanding real estate to ensure that the acquisition process goes smoothly. They start asking legal questions directly to their real estate agents or conduct their own research on the Web.

We compiled ten common legal questions homebuyers ask when purchasing a property:

Can a foreign husband / partner / family member acquire property in the Philippines?

The law dictates that only Filipino citizens are allowed to buy a home or a condo. A foreigner, however, can co-own the said property via his or her Filipino spouse. Another way to own property is if the foreigner first owns a corporation or a partnership that is at least 60% Filipino-owned. Otherwise, the homebuyer may be disqualified from the legal privilege of owning real estate. There are a few exceptions to the law, but a foreigner must not own the land in which the house was built, according to a Manila Standard Today report about foreign real estate ownership in the country.

Laws: Batas Pambansa Blg. 185 and Republic Act 8179 amendments to the Foreign Investment Act of 1991

What is a deed of sale, and what are my duties as a homebuyer in line with the document?

This important piece of document indicates that the transfer of property between the seller and the buyer has legally transpired. Earlier, we have listed tips on how to detect fake documents. Apart from authenticating the document, the deed of sale should also include the seller and the homebuyer’s names, the number of the transfer certificate of title, the technical description of the property, and the sale price that both parties agreed upon.

The document must also be notarized. Local law firm Domingo Munsaya and Associates explained in their blog that the deed of sale should be then taken to the registry of deeds to be recorded. The homebuyer will need to pay for documentary stamp tax, transfer tax, registration fees and other incidentals.

My real estate agent insists on a contract to sell (CTS) as oppose to issuing a deed of sale? Why is that? I have already made the down payment.

Since the sale has not been fully realized until you have completed payment for your real estate property, developers often issue a CTS to signify that the seller and buyer are bound to each other in an exclusive agreement. On the buyer’s side, there are instances wherein he can obtain the physical possession of the property from the seller and will gain full ownership and title upon completion of payment.

Help! I have dealt with an unlicensed real estate agent. What are my legal options?

The Real Estate Service Act requires homebuyers to buy properties from licensed real estate brokers only. If dealing with a licensed estate sales agent, the agent will be registered with the Professional Regulatory Board of Real Estate Service.

There is no recourse except filing fraud-related charges against the posing agent or broker with the authorities the same way you would when filing a crime report. If, however, you have dealt with a licensed broker or a registered agent who has been unprofessional with his duties, you may report to the Professional Regulation Commission (PRC) as necessary.

Meanwhile, you can check out this informative video courtesy Philippine Association of Real Estate Boards (PAREB):

You can also verify whether your real estate broker or sales agent is licensed or registered with PRC via this link.

Laws: Republic Act No. 9646 – The Real Estate Service Act of 2009

What are my rights as a buyer?

The following rights of a homebuyer in a property sales agreement are:

  1. You have the right to demand the developer to deliver the title of the unit or property upon full payment;
  2. You have the right to get reimbursed with the amount you have paid in lieu of the agreement, including the amortization payments. This means that it is illegal for the developer to forfeit any installment payments in favor of the developer or owner.

Laws: Presidential Decree No. 957 – Subdivision and Condominium Buyers Protective Decree

If I miss paying my monthly amortization and I’ve paid fewer than the required number of installments, will I automatically lose rights to the property I’ve brought?

If you have paid two years’ worth of installment amounts on a property, you have the following rights in terms of default payment:

1. Your developer should allow you to pay the unpaid installment amounts due without additional interest within the total grace period. Conditions are:

  • Grace period is one month for every year-worth of installments.
  • Can only be exercised once every five years of the contract’s life and its extensions, if there are any.

2. Your developer should issue a refund if the contract was cancelled. Cancellation should take place after 30 days of receipt of notice of cancellation or a demand of rescission of the contract by a notarial act from the developer and upon full payment of cash surrender value (CSV) to the buyer;

  • Refund should be at CSV of the payments of the property or equivalent to 50% of the total payments made to the developer;
  • If you have made more than five year’s worth of installment payments, you are entitled to an additional refund worth 5% of total payments made in a year. The refund should not exceed 90% of total payments needed to be returned.

3. If you do not have the capacity to make further payments to your property, you can sell your rights or assign the payment to another person. You can also ask for a reinstatement of your contract by updating your account within the grace period and before of the actual cancellation of the contract. All must be done by notarial act.

If the total amount of installment payments is less than two years’ worth, your developer is obliged to give you no fewer than 60 days ahead of the installment date due to perform your financial obligation. If you are unable to fulfill your financial obligation within the given grace period, your developer may cancel the sales contract after 30 days from the time you receive the notice or demand of cancellation of the contract. You may follow 3 and 4 for alternative options.

Laws: Republic Act No. 6662 – Realty Installment Buyer Protection Act

I have been required to seek mortgage redemption insurance (MRI) for my housing loan. What is it, and is it required by law to have one?

An MRI is a form of protection for all parties, which means you, your developer and financing provider, in case of the buyer’s death. This way, the life insurance covers the buyer’s mortgage in terms of the insured’s death. If the buyer has an existing life insurance, the financing provider could opt to assign that insurance as the MRI.

Laws: Republic Act No. 9507 – Socialized and Low-Cost Housing Loan Restructuring Act of 2008

I don’t want to pay association fees. Am I required by law to be a member of the homeowners’ association?

No, but the law states that the benefits and entitlement only accorded to members of the homeowners’ association is not awarded with prejudice. Homeowners’ association fees cover security and maintenance of common facilities like pool, reception area, function rooms and more. This means that there is no legal recourse if you are denied access to benefits or entitlement a homeowners’ association member enjoys.

Laws: Republic Act 9904 – Magna Carta for Homeowners and Homeowners’ Association

What is the Condominium Act?

According to this article, the law answers a homebuyer’s misconception about investing in a condominium unit or units should the building once the building reaches past its 50th year. There is value for money in a condominium unit. Once your condominium building reaches past its 50th year, you, along with the rest of the unit owners, will have the right to decide on what to do with the entire building. This means that if majority of the unit owners of the condominium building decide to sell the property, you will get the appropriate share of the proceeds. You can also pass your right as a unit owner to your heirs.

Laws: Republic Act 4726 – The Condominium Act of 1966

I heard about this bill that provides tax relief for first-time homebuyers. How do I avail of that as a first-time homebuyer?

Should Senator Sonny Angara’s pet law be passed into law, first-time homebuyers would only need to know three words to fully appreciate the legislation: interest-free loan. In April, Angara said in his explanatory note to Senate Bill No. 2148 as published in Rappler that the passing of the bill will encourage Filipino homebuyers to buy homes at already affordable payment terms from developers.

Angara added,

By removing interest rates in the equation, potential homeowners will only have to pay the principal amount of the property, and thus avoid the stress of dealing with ballooning interest payments.

The bill has yet to be passed. However, it is safe to say that the bill will most likely be passed into law as Angara has successfully pushed other laws that eases taxes levied on the working-class Filipino. One of the laws he has authored is the Tax Exemption for Minimum Wage Earners Law or Republic Act No. 9504.

Law: Home Mortgage Relief Act of 2014

Do you have other legal questions about the real estate laws in the Philippines? We’d love to hear them! Share us your questions or comments by leaving a comment below.



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  • cecile

    My buyer would like to cancel the sale because the neighbor does not give them righgt of way. I dont like to cancel the sale what is best to do

    • Rizza Estoconing Sta Ana

      Hi @disqus_ExgGEr4O4t:disqus! are you pertaining to the lot or the house that you are trying to sell? In any case, you need to check your title or titulo if the property includes entitlement to the right of way. If there’s none, you need to talk to your neighbor to allow you and the future buyer of the property to use the contested land for either a fee (voluntary or involuntary easement). For more assistance on the matter, you may consult with the Land Registration Authority here: http://www.lra.gov.ph/index.php?page=directory

      Good luck!

  • Rizza Estoconing Sta Ana

    Hi janjan! Great question! Actually depende tlga sa provisions ng contract to sell your brother signed with the developer.

    Here’s an article to help you out with the legal jargons in the contract: http://www.zipmatch.com/blog/contract-to-sell-explanation

    Ideally, your brother could get a significant portion of his payments back if he is in his 2nd year in contract with the developer. Otherwise, your brother has to comply with the provisions he has agreed in the contract to sell with the developer.

    Hope this helps!

  • John Paul Pitogo

    Good day. In Y2008 i bought 3 subdivision lots at P600K (total), P200K per lot. Since it is under SPV , the title is still under the bank’s name (seller is the SPV). I tendered a P300K downpayment and the balance as soon as the title is already transfered in the seller’s name. Since they could not issue a Deed of SAle or a Conditional Sale Agreement , a contract to sell was issued. No prescription date, not even our agreement that full payment shall be done upon consolidation of title to SPV.Days and months and years passed by and still the title was not yet consolidated. In Y2010 my family migrated to Canada and be came canadian citizens. My parents received a notice of collection from them. The amount ballooned to almost 1M.Since I could no longer own properties in thr Philippines since a already have 1000 sq.m. of land. I was asking them for a refund but they vehemently denied my request. They said the whole amount will be forfeited..
    I think this is unfair. I have not even scooped a single teaspoon of soil from the lot or have occupied it for a minute!
    Please help me on this problem. I am willing for a compromise agreement. The payment is more than enough payment for a single lot, yet they could not

    • Rizza Estoconing Sta Ana

      Hi John Paul Pitogo! So sorry about your case, but this is really interesting. At this point, you can check if the warranties in your contract to sell can allow you to get a refund from the seller(SPV).

      You can check the legal jargons we have broken down in a contract to sell here: http://www.zipmatch.com/blog/contract-to-sell-explanation

      On the other hand, it would be wise if you consult your existing contract to sell with a lawyer specialized in land cases. You can also consult with Ms. Esther A. Gaela (Action Officer) of the LRA (Land Registration Authority) for assistance at 925-65-72.

  • Belle Raymundo

    Hello! Hope you could enlightened me with this one. :) My equity payment is for 15 months and I have issued post dated cheques. Due to employment reasons, na-delay ako ng 3 months so ang nakahold na cheque is 3. But I see to it that I am paying monthly, so nakahold lang yung tatlong cheques and my agent always assure me na nakahold lang yun. I discovered that the developer encashed three cheques (Jan and April 2015) without my go signal. In effect, nagka penalty ako from the bank and I just discovered it now because I received late my statement of account from the bank. I am very willing to pay my late charges but I think its not my responsibility to shoulder the penalties na nadeduct sakin dahil wala naman akong advise in the first place to encash it. Please advise what should I do and how should I appeal this. Thank you!

    • Rizza Estoconing Sta Ana

      Hi @belleraymundo:disqus! So sorry to hear about this. You can consult your contract to sell with your lawyer if there is any stipulation that can relieve you from the penalty. But have you escalated this issue with your agent/developer? I’m sure that they’ll be able to provide a remedy about this since you do have proof that you are paying monthly, and that your agent is aware of the situation.

      • Belle Raymundo

        I have already escalated this with my agent and I’ll be sending this afternoon the copies of statement of accounts, text messages and summary. However, as a first time buyer, I am not aware of contract to sell. I have asked my agent and she said that this would be provided upon request. Is this legal?

        • Rizza Estoconing Sta Ana

          Hi Belle Raymundo! Glad you’ve taken steps already before asking. It is very odd that your agent/developer did not issue a contract to sell upon making your first payment for your home purchase.

          I have written in extent here what a typical contract to sell contains, and how it also protects homebuyer’s rights well before they receive their property title: http://www.zipmatch.com/blog/contract-to-sell-explanation

          My colleague Zip Antonio also wrote the legal documents that a homebuyer should have upon buying a home: http://www.zipmatch.com/blog/legal-documents-home-buying-philippines

          I do hope things get sorted out to your advantage.

          • Belle Raymundo

            Thanks so much Rizza! :)

          • Rizza Estoconing Sta Ana

            You’re welcome!

  • Belle Raymundo

    Hello! Hope you could enlightened me with this one. :) My equity payment is for 15 months and I have issued post dated cheques. Due to employment reasons, na-delay ako ng 3 months so ang nakahold na cheque is 3. But I see to it that I am paying monthly, so nakahold lang yung tatlong cheques and my agent always assure me na nakahold lang yun. I discovered that the developer encashed three cheques (Jan and April 2015) without my go signal. In effect, nagka penalty ako from the bank and I just discovered it now because I received late my statement of account from the bank. I am very willing to pay my late charges but I think its not my responsibility to shoulder the penalties na nadeduct sakin dahil wala naman akong advise in the first place to encash it. Please advise what should I do and how should I appeal this. Thank you!

  • Hon

    I have a question regarding my situation. We bought a house and lot. We already paid the whole downpayment and more than 1 year of amortization but we don’t want to buy the property anymore because it is hard for us to maintain the house if we are outside the country . The property is not in our name yet and not yet processed with PAG-IBIG. We just have the contract with seller. What are options to get back our money. If you would send also the specific law that we can quote to our seller. Thanks you so much!

    • Rizza Estoconing Sta Ana

      Hi Hon! Sorry about missing this question earlier. As far as I know, you need to check the terms of the agreement that you have with your seller that should be documented either in a Reservation of Agreement or a Contract to Sell. The only time that you will insist on the law is if you need additional legalities to back up your claim.

      As much as these documents protect the homebuyer, they are also issued to also protect the seller’s rights, since technically the seller also agreed to let you purchase the property in installments as oppose of selling it to a buyer who can pay the property in full. So it really depends on the terms of your agreement if you can still get some of your payments back.

      You can check this article about the legal documents you should have when buying properties in the Philippines: http://www.zipmatch.com/blog/legal-documents-home-buying-philippines

      Good luck!

  • ysabelle Krys Lucas

    Hi, I have a question regarding a Lease. Nagbayad kami ng 1 month advance and 2 months deposit sa isang broker sa isang condo unit in BONI. Tapos after 2 days nagdecide kaming umalis kasi naoverlook namin yung fact na may kasma pala kaming iba sa isang unit. All along kasi akala namin amin na tlaga ung unit. WALA pa po kaming napipirmahan na contract. Ano po ba dapat naming gawin. Ayaw na ibalik yung pera namin

  • Cel

    Hi, we are to buy a house and lot but the seller and agents did not agree on the commission payment until the seller decided to back out. I still want to buy the property even without the agent and just directly transact with the seller. Will there be any legal problem on this?

    • Rizza Estoconing Sta Ana

      Hi @disqus_hPOvXbqUcF:disqus! Thanks for asking. In the Philippines, the commission is paid always at the end of the transaction, and often signals the fact that the agent has successfully done the job of selling the property to you.

      http://www.zipmatch.com/blog/why-you-should-get-a-real-estate-broker

      The commission issue is an internal issue between the agents and the seller, so it shouldn’t affect any homebuyer who wishes to purchase the property.

      But if you have signed a contract or any written instrument about the purchase and has a stipulation about you shouldering part of the commission to the agent, you may want to get legal consultation on how to purchase the property without violating the agent’s rights, who in effect, has helped you get the property in the first place.

      Good luck!

      • Cel

        I haven’t sign any such contract as mentioned above. Thanks for your advice.

  • ABC

    Hi, I want to back out on my purchase condominium due to financial matters. I’d paid 7 months on my equity. Kindly advise me what are the legal matters I need to follow on this matter.

    • Rizza Estoconing Sta Ana

      Hi ABC I’m really sorry to hear about the bad news. At this point, it is really important for you to go over the terms and conditions of your purchase dictated on your contract to sell or reservation agreement. Any refund entitlement depends on your agreement with your condominium developer.

      On the other hand, you can turn this into an investment opportunity by selling the condo unit to an interested buyer. That buyer, in turn, can assume the payments and other financial responsibilities you are unable to fulfill to claim ownership of the unit. This opportunity is also discussed in your contract to sell as well, under Assignment.

      Here’s a guide to help you out understand the terms and conditions of your contract to sell: http://www.zipmatch.com/blog/contract-to-sell-explanation

      Hope this helps. Good luck!

  • concernedprofessionalofw

    Hello, thanks for attending to our questions. We want to back out of a townhouse purchase, we already completed the required 20% down payment on June 5. The agreed turn over is Oct 5 as per signed CTS. There is no explicit clause in CTS about cancellation. I found this clause which states “should the buyers fail to pay the total contract price within 90days from the time of construction, then this contract shall, by mere fact of non payment,expire by itself and automatically cancelled. Upon such default,the seller shall be at liberty to dispose and sell the subject property to any person subject however to the refund of payments as provided under existing laws.” Does that mean we can let the contract expire by itself due to non payment within 90days after construction and still we can refund the payments made? Are there existing laws which cover refund claims for cancelled contract to sell? Thanks so much.

    • Rizza Estoconing Sta Ana

      hi concernedprofessionalofw! You can cancel your townhouse purchase even before the period stated on your CTS. I don’t havte the exact CTS on hand, but if it were to be based on the provision you provided, then, yes, you can get a refund.

      I actually wrote an article about the Contract to Sell: http://www.zipmatch.com/blog/contract-to-sell-explanation

      However, let’s also bear in mind that the developer may not be able to give you the entire amount considering that the cancellation will be an economical loss to them. Most probably, the developer will take into consideration the costs of losing this sale and the opportunity cost the developer missed in selling this property to a buyer who will really push through with the sale.

      But the real question is, may I ask why you intend to cancel the sale?

      • Eiman

        HI Rizza,

        I have made payments to my condo equity for PhP144K already and is now having financial hardships due to family obligations (eg sending my youngest sister to college). I have been on default for 6 months already and is now issued a notice of cancellation. The 2nd year was on May 22 since I signed the reservation agreement on May 22, 2013. However, my last payment was on February 2015. What’s the basis of 2 years?

        The other thing is that I have not signed a contract to sell yet. Can I still be entitled to refund?

        • Rizza Estoconing Sta Ana

          Hi @disqus_00ivvCR76M:disqus! Good question. It really depends on the previous legal contract you signed with them before or after you have made your first payments. If the developer determines that you are entitled to a refund, it may not mean that you’ll receive the full amount. The refund may be less than the penalties incurred by the defaulted payments and the actual cancellation itself.

          I suggest at this point that you inform your developer that you will no longer continue the contract to avoid incurring more penalties due to the defaulted payments. Have the developer assess the costs of you backing out of the contract.

  • Hannie

    Im asking in behalf of my cousin she bougth a lot in enstalment basis and she also sign a deed of conditional sale before the time aggrement she ask The vendor that she want to cancel it can we get the money that she gave as a down payment?

    • Hi @disqus_uoNewCIpU1:disqus! Your cousin should go over the terms and conditions in the contract she signed to check the clause regarding a refund, as this will really depend on her agreement with the seller. As what my colleague advised Hon (see comment below), the document are also issued for the protection of the seller’s rights. Hope this helps!

  • Glossy

    Hi! I purchased a pre-selling condo somewhere in quezon city and i just
    finished the payment of equity for 30 months plus the reservation fee of
    15t pesos. The unit will probably be turn over to us by the coming
    months. Now I wanted to terminate the contract because of financial
    matters. My question is can i get the money back?

    • Hi @disqus_BtVcv4yArU:disqus! Under Section 3 of Maceda Law (Republic Act No. 6552) or the “Realty Installment Buyer Protection Act,” homebuyers who default on their payments have specific rights for refund. (Refer to sixth point above > Rights to the property you bought in the event of default payment)

      But have you thought of reselling the property instead? Section 5 of the same law states you can sell your rights or assign the same to another person. Reselling it may allow you to recover all the payments you’ve made, unlike if you default, you may only get around 50% refund or so, as stated in the Maceda Law.

      You can also read more about down payment in this article:
      http://www.zipmatch.com/blog/facts-about-down-payment

      Hope this helps!

      • Glossy

        Thank you so much Ms. Zip. I want to sell it but the problem is i can hardly find the buyer at the moment.

        • You’re most welcome! How about posting it on an online marketplace like our website: http://www.zipmatch.com? It’s very easy to upload property listings and you can get more potential homebuyers. Let us know how we can help you. All the best!

  • Ryan Carl Dela Cruz

    Hi, my condominium imposes that we use the cable provider that they have in-house and refuse to allow us to bring in our own. Does a developer/building have the right to do so? If so, if the services is below par from what is offered in the market, where can i go or who can i contact to insist that the following:
    1. charge the amount consistent with the market (building is charge ++ on fees
    2. allow the rest of the unit owners to be heard and be allowed to use the cable provider of our preference.

    • Rizza Estoconing Sta Ana

      hi Ryan Carl Dela Cruz! I’m sorry to hear that. Developers usually recommend utility providers simply because the building infrastructure is designed to accommodate their services.

      If you intend to use a preferred cable provider, you are right in saying that you and the unit owners could raise this concern in a homeowners’ association meeting to vote on the matter. Please note however that should this be your course of action, property management will assess the cost of retrofitting the preferred utility (cable service) and could introduce this as a one-time charge or additional cost on top of your homeowners’ association fees.

      Hope this helps. Good luck!

  • Audrey

    Hi, are there any laws prohibiting the proceeds of a property sale to be sent overseas? I am aware that foreigners cannot directly purchase Philippine property, but was wondering what happens if a Filipino (who no longer lives in the Philippines) wishes to sell their property and have the funds directed to their foreign country of residence.

    • Rizza Estoconing Sta Ana

      Hi @disqus_slURk68OkL:disqus ! If the real question is sending money overseas, this shouldn’t be an issue if the money is sent to a valid account. Moreover, if you have proper documentation and have a local broker or agent mediate or help you sell your property in the Philippines, then this shouldn’t be a problem too.

      Have you tried connecting with a real estate broker to help facilitate with the sale?

      • Audrey

        Hi Rizza, thanks for your prompt response! I had heard from someone that there was some law stating that the proceeds of the sale of any Philippine property were only allowed to stay within the Philippines, and cannot be paid out to a foreign country. I was a bit discouraged by this and did not look any further into it, but you have now given me some confidence and I may connect with a broker for further progression. Many thanks!

        • Rizza Estoconing Sta Ana

          No problem @disqus_slURk68OkL:disqus!

  • spg18

    Hi, is it possible to refund the downpayment kung wala pang napirmahan na contract to sell? Although 2 months pa lang nman ako nagbabayad ng DP. I have concerns kasi sa CTS that’s why may gusto ako iparevise sa mga provisions dun dhil walang offered remedy dun for me as buyer kung yung seller nman ang in default sa contract.. Napaka-seller focus nung CTS that’s why ayokong mag-agree. Ang nasignan ko pa lang na document is yung DP terms and they issued me nman an OR for my payments. I’m willing to continue nman the suceeding payments while on process yung revision ng contract. pero worst come to worst na hindi kami nag-agree talaga sa gusto ng isa’t isa, is it possible for me to refund yung mga nabayad ko na DP?

    • Rizza Estoconing Sta Ana

      Hi spg18! Good question. Actually it really depends din sa unang napagusapan ninyo. If both parties do not agree on certain terms sa isang contract, whether verbal pa sya, kailangan na po ng isang mediator who can help resolve both of your issues, lalo na if either one of the parties decide to cancel the agreement.

      There is a possibility of a refund, but it will not be the full amount you have already paid because the seller may need to recoup the losses they incur from the contract cancellation.

      My colleague Zip Antonio wrote an article about downpayments. You can check out this helpful article here: http://www.zipmatch.com/blog/facts-about-down-payment

      Pwede nyo pong contact si HLURB to assist you with the arbitration if hindi po talaga kayo magmeet ng terms with the seller. The number of the Adjudication Dept is (02) 926-1065. You can also email them and ff up by phone call at ncradjudication@hlurb.gov.ph. Good luck!

      • spg18

        Thank you so much Ms. Rizza!

        • Rizza Estoconing Sta Ana

          You’re welcome @spg_18:disqus!

  • Jr

    hello, just a quick question on the difference between “married to” and “and/or” my parents are separated and they have a property which is “married to”. This is a property that my father inherited from his parents,
    can he sell this with out the consent of my mother?

    • Rizza Estoconing Sta Ana

      Hi @disqus_dVKXQ1reb9:disqus! Good question. We actually wrote about cases like these here: http://www.zipmatch.com/blog/things-to-know-about-spouses-and-their-properties

      What particular legal document or reference are you referring to when you mean the terms “married to” and “and/or”?

      If we overlook these terms for the moment, the property your father inherited from his parents is not exactly “conjugal property” or assets that have been acquired by either or both spouses during the marriage. But if your parents signed an agreement prior to their marriage about combining their assets, your mother may have a say in the proceeds of the property sale if your father decides to sell it.

      Nonetheless, I would suggest that your family should get legal consultation about this matter, since the law is a guide and that the application of the law is different per case.

      Good luck!

  • fe luna

    greetings!

    I have paid for five years monthly instalments with Pag-ibig, after that I stopped continue paying and now Pag-ibig have foreclosed my house into their name, can I demand for the refund of my
    five years of payment from Pag-ibig?

    • Rizza Estoconing Sta Ana

      Hi fe luna! I’m sorry to hear your case. I don’t think it’s that easy to get a full refund on a foreclosed property. Because Pag-IBIG loaned you money to buy the property you owned, they need to foreclose it in order to get back the balance of the loan you have not paid.

      I am pretty sure that Pag-IBIG has tried ways to work with you prior to foreclosing the property. Most lenders offer a debt restructuring option, wherein the debt amount will be reduced in accordance to your payment capacity. I have written an article about this here: http://www.zipmatch.com/blog/avoid-home-foreclosure

      I hope I have answered your question.

      • fe luna

        Greetings!

        Mam Rizza, I have so many questions about real estate problems with different cases. My uncle bought a 300 sq m untitled residential land in the year 1967 it was properly documented , notarized, and the Tax Dec was transferred to his name….however, in the year 1978 the daughter of the previous landowner of the same land applied for a land title and it was in her name despite the fact that she knows already that the same land was already sold to my uncle…my uncle did not file any case against her relying so much on the Deed of Sale..now that he died, what must his children do? they want to file and pay the Estate Tax but they dont have the original copy of the Title because it was in the name of the daughter of the previous owner or seller…my cousins are just holding the Tax Declaration, Deed of Sale…What must they do now ?
        what could be the priority of the LRA the Deed of Sale in 1967 or the Land Title in 1978…its so complicated..What case they must file againts the Title holder….

        thanx for any reply…God Bless

        • Rizza Estoconing Sta Ana

          Hi fe luna! I believe this should be coursed through the court na. But it would help if your cousins address this concern directly with the LRA to check the title’s annotations, baka kase merong nangyari between those years na nagcause ng issuance of land title sa daughter ng previous landowner.

          The LRA currently has an ongoing program to digitize all paper titles to e-titles to resolve complications like this:

          http://www.zipmatch.com/blog/lra-land-etitle-conversion

          They can contact the LRA through the following channels:

          Contact Nos.: +632 925 6572 / +632 921 1383
          E-mail: customerservice@lra.gov.ph
          Smart: 0949 3089481
          Globe: 0916 4472120
          Sun: 0923 6344574

          Hope this helps. Salamat!

  • marie Lopez

    Hello po, ask ko lang.. me friend po ako n agent ng isang developer, at sya po ang nag convince samen ng mga kaibigan ko n kumuha ng property. Maganda naman ang property so 3 po kami ang kumuha ng condo unit sa kanya.. after 4 months nya sa company nya at makabenta ng 7 units, tinerminate po sya sa work nya as agent.. Wala po sya nakuha na commission sa mga nabenta nya n unit. Na upset po talaga kami n mga kaibigan nya kasi alam namen n pursigido sya benta kasi need nya money at me sakit sya n kelangan nya maintenance.Ano po ang dapat gawin nya at san po sya dapat lumapit?

    • Hi marie Lopez. Marami pong dapat i-consider sa concern ninyo. Ang pinakaimportante pong malaman ay kung anong dahilan bakit siya tinerminate? Kung wala pong basis o may nilabag na batas sa pagkakaterminate niya, maaari kayong dumulog sa National Labor Relations Commission o tumawag sa NCR division 781-7859.

      • marie Lopez

        Thank you for your reply.. and alam ko tinerminate sya kasi for 3 months araw-araw kinukulit nya ang commission nya.. 1,500pesos n allowance lang kasi nakukuha nya per month, so kulang talaga yun..pambayad haus,gamot at food nya.. Patatawagan ko po sya s binigay nyo n number.. Thanks for the advice..

        • You’re welcome. Hope it helps and your friend will be able to to settle it immediately!

        • Cliff Paul Gonzales

          Hi Marie. If that is the only reason why your friend got terminated. I can assure you that the NLRC will be able to help your friend. You can also ask for the help of TULFO brother’s. So you can get an endorsement to all the concerned govt agencies that can help your friend.

    • Cliff Paul Gonzales

      Hi @ Marie Lopez. Would you know the reason why your friend got terminated? From there, we can help you out. If we can prove that she was terminated with out due process. Then we can file a case against the employer sa NLRC. But if he/she was terminated with legal grounds, it is the right of the developer to forfeit all her comm.

      • marie Lopez

        hello po, ang sinabi po nya samen nun tinerminate sya kasi araw araw nya kinukulit yung boss nya, kasi kelangan nga nya ng pera.. Nainis daw ata sa kanya.. tsaka me contract ata yung work nya eh, until June nalang sya, kaya siguro ganun. tinake advantage ng company. I asked him to call his former company yesterday to follow up.. kung makukuha n kaya nya. March pa po sya pina alis eh.

  • Dee

    hello, I’d like to get your opinion on this. I have a property that I put up for sale, and a buyer approached me and we agreed on the terms of payment, nothing else. there was no contract executed since I know the buyer and the transaction was, let’s just say, based on trust. now after a couple of months the buyer decided that they will not pursue with the purchase of the property and is asking me to refund the full amount that they have paid. considering that I have also been inconvenienced with their indecision and it was a lost opportunity for me to sell the property to sincere buyers, what is the fairest recourse for me as seller, in view that there was no written contract and we never talked about what will happen to their payment should they change their mind (since at the time of our agreement, they were very keen in buying the property). thanks.

    • Rizza Estoconing Sta Ana

      Hi @disqus_PT6yX1TZpo:disqus! There is a possibility that you can recoup economical costs from losing the sale provided that there is written proof that establishes such an agreement did take place. It doesn’t necessary have to be the sale contract, but if there’s a Reservation agreement or an acknowledgement receipt of payment that documents the exchange of earnest money executed for example, then it might help your case.

      At this point, you would need legal representation to guide you through the process if the buyer does not agree on why a full refund isn’t possible. If both parties do not come to an agreement, you can ask a mediator to help resolve the issue between you and the buyer. Good luck!

      • Dee

        Thanks for the advice! Yeah, will try to sort things out among ourselves first. If we don’t come up with an amicable solution then we’d have to bring in a mediator.

        • Rizza Estoconing Sta Ana

          You’re welcome @disqus_PT6yX1TZpo:disqus! Hope everything will work out in your favor :D

  • Paul Dimabuyu

    good day po, ask ko lang po kasi nagka problema kasi sa developer sa 2nd mortgage. Ayaw kami bigayan ng release paper (Release of Mortgage) kasi nawawala yung resibo namin na alam naming bayad na in full last 1991 pa. Wala rin silang record, ang dala ko lang yung statement of account na binayaran ko nung july 1991. Ngayon sinisingil ako ng 240k php. Ang original amount e 15k pero bayad ko na yung 15k. They are charging me since august 1991. They have not issued me any demand or collection letter kung may utang pa kami. Required ba ang developer na padalhan kami ng notice kung may utang pa? kasi alam namin bayad na kami ngayon lang namin nalaman na may utang pa daw kami. Help pls

    • Rizza Estoconing Sta Ana

      Hi @pauldimabuyu:disqus! It’s quite odd na hindi updated si developer regarding your payments on your first mortgage. nagbayad ba kayo through a broker? It would be best through to coordinate with this broker, if ever, so your broker can help you sync your payment records with the developer.

      You can also ask your developer if they can present a copy of the demand or collection letter and which address was the letter sent to. If you were indeed unresponsive, the developer might have asked legal representation to chase you about the unpaid bills. Kaya ginagawa ito para maiverify naten yung history ng payments and issuance of non-payment.

      I hope maresolve po yung issue soon.

      • Paul Dimabuyu

        Thank for your quick response. ganito po kasi yun. We already have the title of the property (the original), I need a release of my 2nd mortgage for cancellation of encumbrance. The problem is the developer is not giving me the release of the 2nd mortgage because according to them wala sa logbook nila yung name ko ng mga bayad na. We presented to them a copy of my paid check and statement of account dated march 1991. I updated my account Julu 1991 and paid the whole amount the same year. Problem is I cannot find my official receipt to confirm my payment. When I asked for a statement they photocopied my copy and now I’m being charger for back account and currently im being charged 236k. anu po gagawin nmin?

        • Rizza Estoconing Sta Ana

          hi @pauldimabuyu:disqus! thanks for sharing. Have you consulted with a lawyer about this? This is a very complex matter and a legal professional will be able to provide you alternatives that would be in your favor. However, if there’s one thing clear about this is that the first mortgage is not deemed fully paid if the receipt of your last payment has been lost forever, and that your broker or developer cannot provide copies of such receipt of payment.

          • Paul Dimabuyu

            ay inde po, bayad na po yung 1st mortgage kasi nasa akin na yung title, yung inde pa daw bayad yung 2nd mortgage sa developer na worth 15k lang. tapos sabi nila may balance pa daw ako na 2k nung 1991 na umabot na ngayon sa 236k php daw without any notice since 1991. Ang gusto namin makuha e yung release ng 2nd mortgage para macancel yung encumbrance, kasi naka-anotate dun sa title yung utang. Yung wala ako e yung last payment receipt sa 2nd mortgage inde sa 1st mortgage. Need ko pa ba ng lawyer? Pag ganun? Thanks for your time in answering our questions

          • Rizza Estoconing Sta Ana

            Thanks po sa clarification @pauldimabuyu:disqus :D Gaya po ng sinabi ko kanina, medyo complicated kase po yung case nyo, and mas maigi ipresent nyo po all of the facts sa lawyer para mabigyan po kayo ng tamang course of action.

            As sinabi nyo po earlier, nawawala po yung proof na nabayaran nyo po yung 2nd mortgage. Hindi na rin po naisagot ng developer or maisupport with documentation whether they have sent a demand or notice of non-payment ng utang nyo po na 2k nung 1991. So at this point, wala po tayong proof with finality na cleared po kayo sa 15k payment nyo. Hindi rin po tau makakaprove na nagexercise ng diligence si developer na iinform kau of your balance since 1991.

          • Paul Dimabuyu

            thanks po ulit very much for your time. Either talagang dapat mahanap ko yung resibo or I do have to get a lawyer. Sana maresolve to kasi grabe 236kphp nakakapanghinayang kasi kung 2k na nga lang tlga yun knowing na alam nmin na bayad na, We can’t just find where that receipt is. (sana mahanap ko)

          • Rizza Estoconing Sta Ana

            I do hope so too @pauldimabuyu:disqus. Good luck and God bless!

      • Paul Dimabuyu

        my copy that I was referring pala is yung statement of account dated march 1991 na nasa akin. Tapos may copy ako ng paid check dated july 1991

      • Paul Dimabuyu

        By the way they have not issued any demand or collection letter since 1991 kasi nga ang alam namin bayad na kami. So dapat kung may utang pa kami diba dapat manininigil sila or give us notice since 1991 pa to e 2015 na po. thanks po

  • Rizza Estoconing Sta Ana

    Hi @einnamontero:disqus! Sorry to hear about this. If you do need to cancel your home purchase, you would need to check the terms of your Reservation Agreement regarding potential refund. It depends rin po kase, but circumstances like these kase will only enable you to recoup whatever excess from the payments you made once the developer determines how much loss is deemed once you decide to cancel the home purchase.

    I do hope your financial situation gets better. Good luck po!

  • Faye Recorba

    Hello po Maam Rizza! I’m hoping to get your advice on our family’s situation.
    My mom & dad purchased 2 lots in a certain subdivision, and we just completed all payments via monthly installment this July. We thought that we had no more further payment obligations except maybe a few fees for the processing of the transfer and land title. We were advised that the said processing would take at least 3-6 months, so we made no fuss about it.

    Then our agent approached us 2 days ago and told us that our lots were on loan. Needless to say, we were angry. Can they really do that, and is it legal? And what can we do about it?

    I hope you could shed some light on this and may God bless you!

    • Rizza Estoconing Sta Ana

      Hi Faye Recorba! Sorry for the late response. To answer your question, the seller should have not have done that considering that you have entered into the sale thinking that the lots are liability-free. Did the agent explain why the lots that you were paying for were on loan?

      If the lots are on loan, the next step is to consult with your paper contract and see whether there are provisions in the agreement that would hold the seller of the lots liable. Moreover, the agent could be guilty of misrepresentation, if he or she is already aware that the lots are on loan.

      You can consult with the Land Registration Authority about this issue as well. You may contact Action Officer Ms. Esther A. Gaela at 925-65-72.

      Hope everything will work out in your favor.

  • Jonzel Adricula

    Hi Ms. Rizza, magpapa.advice lang po sana regarding sa property (sa isang developer) na binili ng father ko from another person. bali bininta sa kanya yung rights. bali binabayaran po yun monthly through “in house” payment. unfortunately po my father passed away. we don’t have enough resources to pay for that after his death. sabi po kung through bank sana daw yung payment nun considered sold (fully paid) na sana. panu po yung sa case namin? 2008 po pnurchase ng original buyer yung unit tpos 2009 ntransfer sa tatay ko.

    • Rizza Estoconing Sta Ana

      Hi @jonzeladricula:disqus! I’m sorry for your loss. Meron po ba kayong paper sale contract between ng tatay mo at ng property seller? Kase po you can check whether may possibility pa po kayo makakakuha ng partial refund if ever icacancel nyo po yung purchase.

      • Jonzel Adricula

        Meron naman po. tpos ngpa.compute po kmi sa developer parang 50% yung refund plus andaming deductions. bali mga 800k+ na yung nabayad pero mga more or less 400k nun npunta lang sa interest dahil sa mode of payment na napili. mga 270k+ lng ang maiibabalik pero subject for approval pa iyon. kung hindi ma.aaprove eh 60k+ lng dw yung marerefund. fair enough na po ba iyon?

        • Rizza Estoconing Sta Ana

          Hi Jonzel Adricula! I cannot really say for sure kung fair ba sya, pero yung fairness ng refund will be based the contract nyo with the developer.

          Siguro what we need to understand is that dahil nag-agree si developer na bilhin ng tatay mo yung property, meron din silang financial risk na kinuha kase pwede naman nila ibenta yung property sa ibang buyer na mas mabilis magbayad or may capacity na bayaran yung value ng property in full. In return, your late father acknowledged this risk kaya nag-agree sya na through the payment scheme, he will be paying off the interest before the principal. So siguro po, nagkataon na hindi pa nafully-recoup ng developer yung costs of selling the property to your father at affordable payments.

          Nonetheless, I suggest na magconsult kayo sa isang lawyer to help you figure out kung yung refund ay naaayon dun sa contract between your late father and the developer.

          Hope this helps!

  • Viegraf

    Hi Ms. Rizza asking for advice..

    We already paid the full equity for 1 year.. What if we changes our mind and not to continue with the house and lot.. What are the chances for getting a refund?

    • Rizza Estoconing Sta Ana

      Hi @viegraf:disqus! @jonzeladricula:disqus has a similar situation with her late father’s property. As I have said, it will be dependent on the terms you have agreed with your developer.

      I’m not sure though if I understand the question. Did you pay the entire loan within the year, or do you mean you have made amortization payments for a year now?

      • Viegraf

        Thanks Ms. Rizza.. I do need to review the terms I’ve signed before :(

        • Rizza Estoconing Sta Ana

          No problem @viegraf:disqus. I hope everything goes into your favor.

  • choy

    Hi Ms. Rizza,

    I would like to know po, I am selling my lot and still there’s still remaining balances. I asked for computation of transfer expense.. they included transfer of rights fee and “TAXES PAID”… they do not elaborate on the taxes paid and just the total…

    Gusto ko po malaman if is there already a tax paid even i don’t still have the title and it the lot has still months to be full paid.

    Thank you po!

    • Rizza Estoconing Sta Ana

      Hi @disqus_CEhg9uEzQy:disqus! I’m afraid I can’t help you with this. If your property has been assessed by the government, you can simply asked them for a breakdown of the taxes paid since this would clearly be on their records or just ask them why this is placed on your computation. I doubt you cannot get a second opinion too :(

      @disqus I’m posing this question to anyone if they have knowledge on this matter.

      • choy

        Thank you Ma’am Rizza. Still i am waiting for them to reply. Some say say that tax shouldn’t be included.

        • Rizza Estoconing Sta Ana

          Hi @disqus_CEhg9uEzQy:disqus! No problem! If you feel real uneasy about the computation, it always pays to ask the city assessor :D

          • choy

            pahabol lang po Ms. Rizza… usually po ba if you’re selling a not fully paid lot, aside from transfer fee, are there taxes that should be settled? as of now their response is they don’t have proof where the computation is based… thank you! I will give some further update regarding my case so that it may help others who are also in the same situation.

          • Rizza Estoconing Sta Ana

            Hi choy, that’s very odd. Have you raised this issue with the actual city assessor? It is highly unlikely if they cannot provide a breakdown or an explanation of that expense.

            To answer your recent question, capital gains tax could be one of them. Here’s some light reading about the matter:

            http://www.zipmatch.com/blog/what-is-capital-gains-tax

            http://www.zipmatch.com/blog/what-is-capital-gains-tax-part-2

          • choy

            Again thank you Ms. Rizza, thy say its the sales tax which they cannot provide a computation. Anyway, i think it’s better to settle all the balances and paid it in full and have the title then transfer it to my buyer.

  • famousa

    Hi Riza. I am in a similar dilemma, I purchased a townhouse in 2012 with 10yr in-house financing. Hindi ako ma-approve approve sa bank loan because of may credit card history (shame!) The developer is helping me to get a loan with NHFMC but it’s taking longer because pending pa yung mga legal documents from them (accreditation process), it’s difficult to give an ETA.

    Due to financial constraints, I’m pointing towards giving up the purchase na lang and move on. I’ve read about the Maceda Law. Can you shed light on this? I wanted to know if Maceda Law will overrule the stipulation in the CTS?

    • Rizza Estoconing Sta Ana

      Hi famousa! Do you mean to say that the stipulations on your CTS regarding refund is much more stiff than the Maceda law?

      Section 7 of the Maceda law states that:

      …Any stipulation in any contract hereafter entered into contrary to the provisions of Sections 3,4,5, and 6 shall be null and void.

      which may be a good thing for you. However, I am also assuming here that based on your comment, the developer has also invested efforts in ensuring that your home purchase would still go through despite the hiccups in your financing. As such, there is also a possibility that you would not be getting all your money back since the developer would also need to recoup the economic costs and risks that was incurred when they sold the property to you. And could also be the very reason why the Maceda law allows a better form of relief for homebuyers who have already invested two years’ worth of payments, (which is under Section 3).

      I guess a better recourse for you at this point is to find a buyer for your condo before you actually cancel the contract.

  • famousa

    Where can I go to clarify more information about my rights to refund entitlement as per Maceda Law? Should I check with a lawyer? Ayoko muna dumeretso sa Developer, gusto ko may alam din ako re: the law para hindi ako maloko ng mga yun. BTW, wala ako default payments with them.

  • allan

    hi ms. rizza ,
    can i ask a question , i bought a townehouse somewhere in valenzuela city , i’ve paid the down payment already and i’ve signed up for a 15 years terms mortgage in-house , i’ve already accepted the house and started fixing the front of the house,tiled it to make it more decent , moreover, the water and electricity are all been set up as well , but we haven’t moved in , coz am not ready yet as i am here in sydney, i bought the house when i was still a filipino citizen , i ‘d hope it wouldn’t cause me any trouble coz am now australian citizen. i haven’t received the cts yet , all i have are the receipts. now,i want to have it leased out temporarily while i am not in the country , to atleast get back a portion of the mortgage am paying monthly. but in their contract,there’s an article that implies ,”commercial use,includingbut not limited to using the property and common areas or a portion thereof as boarding house/rooms (will skip the rest as they’re all business) ;and other uses that will be prohibited by the seller,and/or by the HOA, are strictly prohibited. ” although am only be accepting a family, to lease my house , what are the odds ,i’ve spoken to the developer officer and she said i need to make another contract to amend and waive that article or atleast excempt me but still it needs to be approved by the higher management. and is it possible to withdraw or refund if i ‘ve already accepted the property? thanks.

    • Rizza Estoconing Sta Ana

      Hi @disqus_BGZUjMTO4G:disqus! Interesting question. There are risks involved if you decide to redraft another contract or forego it and have an exclusive agreement with your new renter.

      You can ask for your broker/agent’s help in drafting a new CTS but you need to make sure that your new renter (whom you said is “family”) will be committed to living in your property for a set period of time and agree to meet the rules and regulations of the HOA.

      So for your protection, there will be two contracts needed to be made to make this happen. One would be the new CTS waicving that specific stipulation about renting the property out, and a renter’s agreement between you and your new renter, which will include all the things they need to follow when they’re renting the property.

      • allan

        hi ms rizza ,
        thank you for the helpful advice , i really appreciate it . can i ask another one , i know its a bit out of real estate but i think you know more about philippine laws so any advice you can give i would be thankful , i bought a trooper in 2010 , its a second hand but still ok and i love it thats why i bought it , but the transfer of ownership was not done upon purchase coz i only have limited days to stay in manila, so the next registration , my father convinced me to put the ownership to him as it would ease a lot of hiccups when dealing with its maintenance and registraion transcation,so i said yes, they dont have work both my parents and i have been supporting them from day 1 that i’ve set my foot here abroad , now , due to family issues , it created a gap between me and my parents , now they claim that my car is theirs and i dont have any claim on it because the ownership is in my fathers name so it’ll be part of their conjugal property. i only gave them a verbal agreement to name the ownership to my father, in good faith, but i dont have any documents on me to show that that is my money that paid the car. is that verbal agreement powerful enough for me to get back my car?

        • Rizza Estoconing Sta Ana

          Hi @disqus_BGZUjMTO4G:disqus! Thanks for putting that much faith in me, haha. To answer your question, verbal agreements are still honored and recognized by law. However, there are certain parts of the agreement that needs to be in writing as proof in court.

          In this case, it will be hard to prove that you did purchase the property using your money, and that the transfer of ownership was done due to convenience. It would be best to consult with a lawyer too if you think there is still a possibility for you to legally claim the trooper.

          On the other hand, I don’t think it does not take an effort to make amends with your parents. I may not know what your family history is, but it pays to make the first move and apologize regardless of whether you had a hand in your current situation or not.

          Hope this helps. Good luck!

          • allan

            seems like am on losing side,but thank you so much for the advice, i really appreciate it, you know you shine light to those who’s in dark and didn’t know what to do . God bless you always .

          • allan

            hi ms.rizza,
            how about if i find the seller(the one who sold me the car)and get him to sign a deed of sale thats named on me, will that be acceptable as a proof that the car was sold to me initaially?

  • nora idica

    hi ms rizza,
    my husband and I intended to buy a property direct from the authorized seller. the title contains multiple owners (siblings of the seller and nieces/nephews). We had the title verified via LRA and was confirmed to be valid with no case. We then applied for mortgage loan via bank and also provided some earnest money or should we say initial dp to the seller. When the bank requested for additional documents, like cancellations of some sections in the title, we were advised by the seller that her nieces/nephews filed a case against her, thus the sale cannot proceed until the case is finalized. additional info that we got from the authorized seller was that she used the initial money that we gave her so she can transfer the title under her name. this means that she can’t give back the money as it was used already.
    another twist to the story is that we got an info that she entered to another selling agreement to another buyer and used the new title…not sure though if it was successful.
    My question is, can we file a case against her? how can we also verify if there is indeed a case against her by her relatives? how can we also verify if the property was successfully sold and mortgage by another buyer?
    thanks.

    • Rizza Estoconing Sta Ana

      hi @noraidica:disqus, do you have a copy or the details of the title? You can have this checked with the LRA again if there are annotations attached to the title in question. Moreover, you can always file a case if you feel that you have exercised all of your options with the seller and the latter cannot fulfill his or her obligations in the contract.

      • Rizza Estoconing Sta Ana

        You may contact the Public Assistance and Action Center – Ms. Esther A. Gaela (Action Officer) at 925-65-72. Hope this helps!

        • nora idica

          Thanks Ms. Rizza. Will contact Ms Esther from LRA. :)

          • Rizza Estoconing Sta Ana

            Good luck!

        • nora idica

          hi! I have a copy of the original title. but for the new title (under her name only), we do not have.

  • Grace ferrer

    Hi Ms Rizza
    I bought a property 7 yrs ago and mortgaged it from a bank. Since i don’t really need this property anymore, i am selling it but i still owe some money from the bank. I got a buyer recently they are willing to pay me what i already paid in bank and they are willing to continue the loan mortgage until they fully paid it then will transfer the title to them. So there will be an internal contract between me and the buyer. Is it legal without consulting the bank?

    • Rizza Estoconing Sta Ana

      Hi @graceferrer:disqus! Good for you! To answer your question, the contract that would exist between you and the new buyer is still legal. As a responsible seller, it is best for everyone’s interests, including yours, to let the bank know about the sale and the impending transfer of rights to the new buyer. This is to ensure that future paperwork that will be drawn upon the completion of the mortgage payments will go smoothly and without hiccups in favor of the new buyer.

  • Oli

    hello ms rizza,
    May bumili ng bahay ko pero verbal agreement lang po, nakiusap sa akin na installment lang ang bayaran at pumayag ako nakapagbigay naman sila nang halos kalahati sa presyong napagusapan namin at yung naibayad nya ay nagamit ko narin at naikumpromiso ko narin yung dapat na balanse para sa kabuoang kabayaran para sa bahay, at nung mag bigay sila nang unang bayad tumira narin sila sa bahay, pagkaraan ng apat na buwan ay nagbago ang kanilang isip at umatras sila sa usapang bibilhin nila ang bahay, kung hindi ko pa sana nagamit yung mga naibayad nila ay payag akong ibalik nang buo ang lahat ng naihulog na nila, ang problema ay naipang down ko narin sa binibili kong property at hindi ko naman pwedeng bawiin ito dahil may agreement ako sa binibili kong property at nka lagay duon na cancelation of contract ay pwedeng ma porfeit yung mga ibinayad at isa pa ayoko din namang umatras sa binibili kong property. ang tanong ko ms rizza pwede bang hindi ko na ibalik yung naibayad ng buyer ko dahil nagkasundo na kme nung una at nagsara na kme ng usapan at sinuguro nya pa sa akin na hindi sya mag backout sa pagbili ng nasabing bahay.? ang mali ko lang talaga ay wla kameng ginawang agreement ..salamat po..

    • Rizza Estoconing Sta Ana

      Hi @oliverepia:disqus! To answer your question, pwede naman po na hindi nyo maibalik yung pera sa naaayon. Since tumira po sila sa house, the payments can qualify as rental fees. Moreover, pwede nyo naman po ijustify na upon verbal agreement (which is still legally binding), naviolate po nila yung agreement nyo na bilhin nila ang bahay.

      Kung sakaling habulin po kayo ng buyer, magaagree naman po sa inyo yung law kase in good faith nyo naman po inaccommodate si buyer regarding sa pagbili ng bahay. Mahihirapan din po ilaban ni buyer yung naibigay nyang pera dahil nakatira naman po sila sa property for four months.

      On the other hand, may possibility naman po silang makakuha ng partial refund if they can prove how much in terms of rental value ng kanilang four-month stay.

      If you need more clarification sa inyong standing, pwede naman po ninyo iconsulta sa isang lawyer.

      • Oli

        thanks for the replay ms. rizza.

        • Rizza Estoconing Sta Ana

          you’re welcome @oliverepia:disqus!

  • Aloina Isaac

    Hi Ms. Rizza,

    Just want to ask if we possess a right to our house.
    The land is owned by our relative but the house was built by my family. We live there more than 30 years now. Do they have the right to ask us to leave the house easily? Do we have a right to stay in our house? Or should they pay us before we leave? Please enlighten me. Thank you!

    • Rizza Estoconing Sta Ana

      Hi @aloinaisaac:disqus! I believe you also asked this question to me via personal message. Honestly, I am not the right person that you should consult regarding this matter. But if you’re asking me, you are right to own the house, but it doesn’t mean that your relative will have a say on what to do with the land on where the house was built.

      Is it possible if you could work on an arrangement with the relative to allow you to stay in your home? Like probably pay the property taxes of the land as courtesy of staying on the land? I assume that your relative is aware of your family living on the land for the past three decades, so I am praying that your relative is amenable for you staying at the property.

      At the end of the day, the law encourages all parties (that’s your family and your relative) to work together to reach an agreement while acknowledging both rights and ownership to your properties.

      I do hope this helps.But thanks for asking!

      • Aloina Isaac

        Thank you, Ms. Rizza! That’s a big help. :)

        • Rizza Estoconing Sta Ana

          You’re welcome @aloinaisaac:disqus!

  • Oli

    Hello again ms rizzza,

    May kunaha po kaming lupa sa isang subdivision thrue in house finance, naka pag down payment na po kame at nakapag bayad narin kme ng halos isang taon althought legit naman yung developer at na delay lang siguro yung pag process ng agreement o CTS kasi nagtataka lang ako medyo matagal na nga po sa palagay ko yung pag process ng agreement nung tinanong ko sila about dito ska lang sila humingi ng requirements para ma process yung nasabing agreement, and we decided nlang na mag backout nlang at hindi na ituloy ang pag bili sa property o lupa.

    Ang tanong ko po pwede po bang mag demand ako ng full refund sa lahat ng binyad ko kasi wla pa naman kameng agreement na pinipirmahan ang hawak lang po namin ay lahat ng resibo na pinagbayaran namin.

    • Rizza Estoconing Sta Ana

      Hi Oli! I don’t think you’ll be getting the refund in full po since voluntary cancellation naman po sya on your end. Most likely ibabase yung penalties dun sa pinagusapan nyo with the developer and kung anong written legal instrument na nagpapatunay na may bentahan na nangyari.

      You can read about this po here: http://www.zipmatch.com/blog/facts-about-down-payment

      Hope this helps!

  • mari

    hi…i just transferred to a new condo here in QC last may. But unfortunately nagkaron ng leak sa ceiling ko at nabulok ung overhead cabinets and maybe the ceiling too. they scheduled a repair of the ceiling and replacement of the cabinet. but on the date that theyre suppose to do it they said they will only replace the cabinet without backing. and iba na ang gagawa ng ceiling at ang repainting…pede ba akong magfile ng case against them? pls help

    thanks

    • Rizza Estoconing Sta Ana

      You can file the complaint with the homeowners’ association to expediate it. But I have a few questions to clarify what exactly the complaint is.

      Who made the assessment?

      Is this the recommendation by the property management?

      Am I correct to assume na yung property management yung gagawa ng cabinet replacement and a professional will be working on the ceiling and the replacement?

      Did they charge you for any of the fixtures?

      Thanks!

  • Jeanne

    Hi Miss Rizza,

    Good Day!

    I’m planning to buy a townhouse which is under mortgage. And we agreed that we just sign a contract. I’ll pay a certain amount of down payment then I can move to the property and pay a monthly payment thru them. it’s just like I’m mortgaging thru them instead of to the bank.

    Your advice will be highly appreciated please.

    Thanks and regards,

    Jeanne
    gorgeous_jeane@yahoo.com

    • Rizza Estoconing Sta Ana

      Hi Jeanne! Congratulations on taking the homebuying plunge!

      Paying installments through an in-house developer instead of bank is also a good choice. I assume that they have provided a more favorable payment scheme and probably processed some of the documentation on your behalf.

      Before you move in though, I would suggest conducting a a thorough, final inspection using this punchlist:

      http://www.zipmatch.com/blog/inspect-new-condo-using-punch-list

      If you have accepted the unit during the turnover, this signals that the unit has passed your standards and that the developer has fulfilled their obligation.

      Let me know if you need more specific information about your recent home purchase.

      Cheers!

  • roxanne

    Hi Ms. Rizza,
    Bumili kasi ako ng townhouse for investment sana kasi mura lng naman equity, kaya lang narealize ko mukhang mahihirapan na kami kasi next year matatapos na ung equity namin, so magmomonthly na kmi sa pagibig. Baka kasi di ko kayanin gastos so plano ko ibenta na lang ung townhouse na nakuha ko. Pwede kp bang ibenta un habang nasa equity pa lang para di nako magbayad ng transfer of title pag nalipat na sa pangalan ko ung bhay? I mean para ung pagibig na nung bibili ang gagamitin?

    • Rizza Estoconing Sta Ana

      Hi roxanne! I believe I answered your questions via Facebook, pero I’m posting my answers here for everyone’s benefit.

      My answer: hanks for reading our blog at @ZipMatch! I’m sorry to hear about your case. I don’t think Pag-IBIG Fund has the capacity to buy back the townhouse from you, considering na loan pa rin sya in the first place. The only time po na kukunin ni Pag-IBIG Fund yung townhouse is pag nagdefault po kayo sa inyong mga payments, which will eventually lead to foreclosure. Hindi po maganda sa inyong financial records ang foreclosure, kaya gusto rin naten maiwasan ito.

      Ang options nyo po at this time would be:
      1. Ibenta ang property at cash value para mabayaran yung loan.
      2. Maghanap ng buyer na magaassume ng loan ninyo, or
      3. Isangguni sa Pag-IBIG Fund ang inyong problema at humingi ng option na irestructure ang loan. Pag nirestructure po yung loan, irerecompute po ang inyong succeeding payments ayon sa inyong capacity to pay.

      Sana po makatulog yung suggestion ko. Maraming salamat!

      Your ff up question: Thank u po sa pagsagot Ms. Rizza. Nasa 6mos of equity pa lang po ako ngayon bali next yr pa po ako magmomontly sa pagibig. Mas madali po bang ibenta kung nasa equity pa lang ako? Sabi kc sakin habang wala pa daw sa pagibig ibenta ko na para daw ung pagibig n nung bibili ang gagamitin at di ko na nid na palipat sa pangalan nya ung CTS. Pag daw po kc nasa pagibig na kukuha na daw po ako ng abugado para sa mga papers

      My answer: Hi Roxanne! I’m not sure kung san po kayo kumuha ng advice pero kung sa Pag-IBIG po kayo nagloan para sa pagbili ng townhouse, I will also assume na nagbabayad po kayo ng installment para sa downpayment/equity. So technically po, sa Pag-IBIG Fund pa rin kayo nagbabayad.

      Unless bumili po kayo ng house sa developer directly, tapos nagbabayad po kayo ng downpayment/equity through them?

  • Wicked

    Hi Ms. Rizza,
    I have a family member that bought a 6M condo, but due to financial problems, she just paid 1.3m palang, she cant pay the rest, tapos may mga bill na sya na pumapasok with penalty na 5.9M, can she sell the property? lets say 2M lang(due to the appreciation of the condo since she bought it when it is on its preselling period) and transfer the payment obligation to another person?

    • Rizza Estoconing Sta Ana

      Hi @disqus_pZqB058L2e:disqus! Yes, she can sell the property naman po, but the new buyer must be aware na he or she will assume the responsibilities that comes in with a property that has been paid with installment.

  • Wicked

    Hi Ms. Rizza,
    I have a family member that bought a 6M condo, but due to financial problems, she just paid 1.3m palang, she cant pay the rest, tapos may mga bill na sya na pumapasok with penalty na 5.9M, can she sell the property? lets say 2M lang(due to the appreciation of the condo since she bought it when it is on its preselling period) and transfer the payment obligation to another person?

    • Rizza Estoconing Sta Ana

      Hi Wicked! I think I answered this below but publishing my response here for your benefit :D

      “Yes, she can sell the property naman po, but the new buyer must be aware na he or she will assume the responsibilities that comes in with a property that has been paid with installment.”

  • monette

    What possible case can I filed for the people who occupied big portion (40sqm) of my residential lot? Its original measurement is 190sqm. which I bought way back 1991. And now 2015, as I have the geodetic Engr measured it to put fence I found out that mentioned portion has been occupied by our neighborsj

    • Rizza Estoconing Sta Ana

      Hi @disqus_NMGfD27ue9:disqus! Please see response above.

  • monette

    What possible case can I file for the people who occupied big portion of my lot.

    I did file complain in Bgy but don’t have knowledge in real estate matter thus recommended to elevate it in higher court

    • Rizza Estoconing Sta Ana

      Hi @disqus_NMGfD27ue9:disqus! Before filing a case, do you have proper documentation to support your argument? I would suggest getting a copy of your land parcel/lot configuration from the LRA to give weight to your claim for enforcement of ownership.

      On the other hand, I do believe in due process and dialogue between you and the settlers. If both parties cannot arrange a compromise, then you can resort to enforcing your ownership of the lot by filing a case in court for ejectment.

      • monette

        Hello Ms. Rizza. Thank you very much for your informative respond. Yes, I do have all pertinent documents to prove the authenticity of my ownership. I wouldn’t have courage to raise my concern if I do not have supporting documents. And even if the officials of Bgy attending the hearing of my case, for 6 ridiculous times, knew about it…they wouldn’t even dare to speak to the respondents thatbk do have land title and they don’t have because their improvements are erected in creek turned into dry land to which owned by government of Paranaque.

        As the two owners with respective land titles already signed a conciliation wherein they agreed to demolished whatever part of their improvements im claiming to be able to give back the legal size they occupied from my lot based on the Relocation Plan surveyed measured and certified by my hired licensed Geodetic Engr…still those people with no land titles are continuously opposing. Thus I will proceed in filing ejectment case.

        I should have did a direct filing since I have houses in other cities but since those people are relatives of my mom…I thought settlement case can be done easily but I was wrong.

        Moreover..I’d like to make another questions. Gaano po katagal un notice to demolish na dapat ibigay sa mga lot owners prior sa paggiba ko po ng improvements nila??
        Puede po bang wag na ko maghire ng private lawyer and use the government lawyer (fiscal) instead since I am the plaintiff???

        • Rizza Estoconing Sta Ana

          Hello @disqus_NMGfD27ue9:disqus! To answer your question, depende rin po ito sa decision ng court. Kung nakita po ng court yung reason to expedite yung timeframe, then they will do so in your favor.

          You have the option naman po to use a government-assigned lawyer or a private lawyer po. Meron naman po silang expertise that they both can provide in the case. If it’s necessary, then you can interview both lawyers and ask their legal remedies. Kung merong isa na nakaprovide ng legal remedy na preferred mo, then piliin mo yung lawyer who can provide that.

  • Michele

    Hi Ms. Rizza,

    I have a friend who’s mother wants to transfer some of her land to her. Her mother is now in the Philippines on vacation but the daughter is here in the US. Is there anyway her daughter can sign the paperwork here in the US instead of having to go to the Philippines to sign in person?

    Thank you so much in advance for your help!

    • Rizza Estoconing Sta Ana

      Hi Michele! I think what you are pertaining to is Donation Inter Vivos. This means that the donation happens during the mother’s lifetime, and must be accepted in writing by the donee, or in this case, the daughter.

      I am not sure whether the law requires both parties to be physically present during the actual signing and transfer and consider sending the donation papers signed by the mother to the daughter in the US for signing.

      As such, it is best to consult with a lawyer to assist them on such matters. Otherwise, the rest of the transfer is easier to do through a representative, or even the mother herself on behalf of her daughter (e.g. paying donor’s tax or gift tax, transfer tax and other incidental fees).

      On the other hand, is the daughter a US citizen? They may encounter an issue with the transfer if she is, since the country has imposed a limitation of land ownership by foreigners.

  • Guapa Usahay

    Helo, May friend ako dtu sa Norway na bininta nya ang kanyang land sa pinas.Ang pinagtaka ko lang ay ang sister lang daw nya ang peperma doon sa pinas pag halimbawa bibili ang sister ko na andun s pinas.Tanung ko lang po kung pwede ba na hindi anf owner ang peperma at ang sis lang ya ang peperma dun.Mas nabnggit yng friend ko s akin na binigyan daw nya especial legal authority ang sister nya.Mayroon bang law s atin n ganyan?

    • Rizza Estoconing Sta Ana

      Hello Guapa Usahay! Nice name! Anyway, naintindihan ko po yung worry nyo. Ang Special Power of Attorney ay isang documento na magpapatunay na binigyan ng original na owner ang isang tao (in this case po, yung sister nya), na ibenta ang kanyang lupa sa pinas on the owner’s behalf.

      Aside po sa pagverify kung tunay ba yung Special Power of Attorney na hawak ng sister ng may-ari, huwag nyo rin pong kalimutang tignan ang iba pang dokumento na magpapatunay na sa may-ari nga talaga yung lupa na yun at clean po yung title. Kung hindi pa po naiconvert ng may-ari ang land title into e-title, basahin nyo po itong mga tips para malaman kung malinis ba yung titulo.

      http://www.zipmatch.com/blog/ways-to-detect-fake-land-titles

      Sana nakatulong po yung suggestions. Maraming salamat!

  • Laze

    Hi Ms. Rizza,

    Tanong ko lang po sana kung sino dapat magbabayad ng floor plan at capital gain tax. May problema kasi kami ngayon kasi gusto ng seller na kami ang magbabayad ng pagpapagawa ng floor plan. Eto po nalang sa lahat ng requirements ng PAG-IBIG ang wala pa. Then po, ngayon lang na notice ng husband ko na sa letter of agreement na gusto ng buyer kami ang magbabayad ng capital gain tax. Nkaperma napo husband ko sa agreement pero na skip daw niya at di nya nabasa ang part na to. At ang letter of agreement po nka notarized na ng mareceived ng husband ko kahit wala pa signature nya. Okay lang po ba to? Tingin po namin di tamang sa amin i-charge to since gain po to ng seller. Pano po ma-void yung agreement na to since ang nka affix na signature ay yung first na binigyan ng SPA ng real owner at hindi yung current or bagong binigyan ng SPA ng owner which is sister ng both owner ng house (nagtratrabaho sa Brunei) at yung sister na nasa Manila ngayon (unang binigyan ng SPA)?

    • Rizza Estoconing Sta Ana

      Hi @lazirrhobhedonaldo:disqus! To answer your question, the seller should shoulder the Capital Gains Tax and incidental charges. However, if it has been agreed in the contract that the buyer would shoulder the expenses, then this is also allowed.

      Yung agreement about payment of taxes and incidental charges po ba ay nakasaad sa letter of agreement? Um ang pagkakaalam ko po pag meron itong provisions sa agreement you would still have to comply with the terms. Pero pag hindi pa naisign ng inyong asawa ay pwede nyo naman po icontest yung pagbabayad ng capital gains tax and ask the seller na gumawa ng panibagong contract without that term.

  • Anne Lee

    Hi Ms. Rizza,

    Here is my problem. I talked to my agent in Lancaster Cavite today. I asked kasi kung RFO yung bahay na binili ko dahil i wanted to cancel na sana yung reservation ko doon as well. Hindi ko fully paid yung reservation and i gave them a promisory note na babayaran kos ila on the 30th of August. May remaining balance ako na 5,500 dahil i paid 2,000 muna last August 15. Then today, i asked her kung rfo yung bahay na binili ko sa kanila and she said yes. So i said na rfo pala so meaning NAKATAYO NA YUNG BAHAY. She said in her reply na “ON GOING PO ANG CONSTRUCTION”. Sabi ko sa sarili ko, RFO ung bahay tapos under construction? Then she is saying na dahil daw 12months daw yun chuchu ganyan. Yes I wanted the RFO house sa Lancaster which is yung Alice Townhouse. So ang pinagtataka ko lang, bakit ongoing ang construction kung RFO ang binili ko?
    –
    And also one more thing, the buyers kit that I have from Lancaster / Pro Friends, ang nakalagay sa construction status nya is 0%. Then i asked my agent why 0% ang construction status ng house ko and she said na hindi daw updated yun and i need to update it daw sa office nila. Pwede ko ba ireklamo yun? Icacancel ko na din reservation ko sa kanila and they insisted na bayaran ko parin yung remaining balance ko sa kanila sa reservation fee. Should I still pay for it? I hope matulungan nyo ako kasi ang dami na pala nagrereklamo about PRO FRIENDS.
    –
    Thanks.

    • Rizza Estoconing Sta Ana

      Hi @disqus_KFJETKTPvG:disqus! I understand your hesitation in continuing with your home purchase. By definition, ready for occupancy properties are properties that are ready to be moved in. The property your agent has offered in your contract is technically a pre-selling unit.

      Pre-selling properties are properties sold prior to their completion. So pwede sya ongoing construction, or nasa planning stage pa lang.

      Actually, this can either go one of two ways. Disregarding the news surrounding your developer, you can work with your agent in securing an actual RFO townhouse unit. If you want to ensure that the property is really RFO, go ahead and schedule viewing for the specific property you intend to buy. Then ask your agent to specifically identify the RFO unit in your contract. It helps mentioning po the physical address of the property, including unit number and street number.

      If you feel po na hindi pa rin nameet ni agent yung preference you, you can file a misrepresentation complaint with the HLURB. Medyo mabusisi po ang process and you need to be proactive with facilitating the complaint sa HLURB.

      Hope this helps. Good luck po!

      • Anne Lee

        ohh i see. so it’s not an RFO house. now i told my agent that i wanted to cancel my reservation and she said that i still have to pay for the remaining balance to them. the reservation fee costs 7,500 but i only paid 2,000 which they agreed on and made a promisory note that i pay the other half which i also agreed on. so my situation is, they still wanted me to pay for the remaining 5,500 if i want to cancel the reservation. is that even possible? should i still pay them even if i told her that i want to cancel my reservation? one of the agents gave me a cheque for the 7,500 reservation fee so i paid it in their cashier. so my 2,000 pesos was with this agent who lend me the temporary payment. i’m getting confused already because i told my agent that i wanted to cancel the reservation but they insisted that i should pay for the remaining balance. i don’t want to pay it now after i found out that some of my agent’s information about the house i wanted to buy does not match the information that you and the others gave me. i don’t know if i am being scammed of whatsoever. i hope you can help me. thanks.

        • Rizza Estoconing Sta Ana

          Hi @annezeawesome:disqus! Am I right to understand that the P5,000 of your P7,500 reservation was loaned to you by a real estate agent? If that’s the case, then as principle I think you should pay the amount that was loaned to you since you have agreed to the loan in order to make a reservation. This loan is different from the contract, although it was used as a means to purchase the townhouse.

          If you wish to cancel the reservation, then just pay the amount you owe with the agent you loaned the money from and cancel the contract under grounds of misrepresentation.

      • Anne Lee

        also, is there such a thing as an RFO HOUSE THAT IS ONGOING CONSTRUCTION? thanks.

        • Rizza Estoconing Sta Ana

          Hi @annezeawesome:disqus! There is no such thing if we base it sa description. Ready for occupancy literally means ready to be occupied :D

      • Anne Lee

        ohh i see. so it’s not an RFO house. now i told my agent that i wanted to cancel my reservation and she said that i still have to pay for the remaining balance to them. the reservation fee costs 7,500 but i only paid 2,000 which they agreed on and made a promisory note that i pay the other half which i also agreed on. so my situation is, they still wanted me to pay for the remaining 5,500 if i want to cancel the reservation. is that even possible? should i still pay them even if i told her that i want to cancel my reservation? one of the agents gave me a cheque for the 7,500 reservation fee so i paid it in their cashier. so my 2,000 pesos was with this agent who lend me the temporary payment. i’m getting confused already because i told my agent that i wanted to cancel the reservation but they insisted that i should pay for the remaining balance. i don’t want to pay it now after i found out that some of my agent’s information about the house i wanted to buy does not match the information that you and the others gave me. i don’t know if i am being scammed of whatsoever. i hope you can help me. thanks.

  • Adnil Zeanreh

    Hi!

    I have a condo unit with filinvest, which i had it assumed thru a broker. The transaction had been consumated (signed at the filinvest office infront of the teamleader and their broker. After signing i had been paid the price agreed, the deed of assignment had been notarized. The buyer took possession. After a 2 months the buyer wanted to cancel the transaction and want me to return the payments she made, because she learnt that the account will not be transferred to her name yet, until the property is fully paid. My question is, am i liable to give back the payment when the transaction had been consumated?….kindly enlighten me, so i will know what to do next. Thank you.

    • Rizza Estoconing Sta Ana

      Hi Adnil Zeanreh! The buyer’s reason is a very odd one, since the transfer of name will be done after the property has been paid.

      If the buyer’s worry is about his or her ownership stake in the property, wouldn’t it be possible that he or she is unaware of what exactly are his or her rights as the new assignee under the deed of assignment?

      I do suggest that before agreeing to the voluntary cancellation, both parties should enter into a dialogue to clarify any questions regarding the sale and the deed of assignment.

      If the buyer insists, just follow the terms you have both agreed in the contract with regards to voluntary cancellation of the contract. This may entail a partial refund according to the law and the terms you have agreed upon in the contract.

      Hope this helps!

  • Neil Charles Mondia

    Hi,

    I would like to ask lang if may refund paba akong makuha kahit 24 months lang ako nakabyad sa monthly equity ko? It is just unfair lang kasi na ala makuha dahil sa voluntary cancellation due to financial problem..
    Sana matugunan nyo ang tanong ko.. di ko kasi alam ano ang hakbang na ga2in at pra narin maliwagan ako kung sakaling ala akong makuha na refund.. medyo malaki na kasi yung nabayad ko and alang paltos yung bayad ko for 24 months.. kung di lang sana na unemployed for 1 year,..

    • Rizza Estoconing Sta Ana

      Hi @neilcharlesmondia:disqus! I’m sorry to hear about your situation. I understand that it’s painful to not getting your hard-earned money back and that you cancelled for reasons that may be not in your control. However, the real estate business is a difficult thing for investors too (in this case, the developer or the property seller).

      Allowing homebuyers like you to purchase the property on a long-term payment scheme hurts them in a way because they are risking the possibility of potentially selling the property sa isang buyer na kayang magbayad ng cash, or kayang bayaran ang property in just a few years. Kaya nga po karamihan ng home loan payment schemes, malaking porsyento ang napupunta sa interest kase you’re essentially guaranteeing na hindi ka magdedefault payment or magcancel ng contract.

      Your best recourse po dito is to resell the home to a more abled buyer who can purchase the home at a premium, or a financially-capable buyer who can assume the mortgage payments.

  • Oli

    Hello ms. Rizza,
    i have bought a residential lot sa isang subdivision at ang title ng lot is under my name, gusto ko sanang ilipat sa pangalan ng anak ko ang ownership ng lote ng hindi na kme gagastos ng malaki since my child is in legal age naman ok lang ba na pagawa ako ng deed of sale na ang price ay 1k lang? legal din po ba ito?

    • Rizza Estoconing Sta Ana

      Hi Oli! I believe I discussed this before with another commenter. Actually, hindi ko mairecommend na iprice mo yung lote na ganyan, especially if you have plans to build a home on it. Madedevalue yung property ng true price nya.

      I also doubt the city assessor will allow it since you will be paying real estate taxes based on the property.

      You can transfer the property by way of donation or Donation Inter Vivos. This means that the donation was done in the lifetime of the original owner.

      The cost of transferring the property to your kid may involve paying donor’s tax or gift tax, transfer tax and other incidental fees. I cannot guarantee that there’s a cheaper way to transfer the property sa anak mo, but if you want to weigh your options, it would be best to ask the LRA.

      Here are their contact numbers:

      +632 925 6572 / +632 921 1383
      Public Assistance Action Center: 925-65-72
      E-mail: customerservice@lra.gov.ph
      Smart: 0949 3089481
      Globe: 0916 4472120
      Sun: 0923 6344574

  • Rizza Estoconing Sta Ana

    HiPaul Almgill! Her family needs to settle the estate first. To do this, they would need to declare all real and personal properties under the father’s name with the BIR and pay the correct taxes (estate taxes). This is an important step in order for your and wife and the siblings to transfer the properties of their late father in their names.

    Once you made the payment, submit all documentary requirements and payment proof to the BIR RDO. BIR will then issue a Certificate Authorizing Registration (CAR)

    BIR may need to review the submitted documents within the next 60 days, and may require additional documents from the surviving heirs. It might be shorter since BIR and the Land Registration Authority has an agency partnership that would expedite cases like these in terms of lot properties.

    For your wife’s benefit, it would be best if her and her siblings perform the suggestion above before discussing any plans to their late father’s properties. It also pays to have a lawyer to assist them in the procedure.

    More information can be found here: http://www.bir.gov.ph/index.php/tax-information/estate-tax.html

  • Rizza Estoconing Sta Ana

    Hi Maria Eleanor Q. Untalan! I’m sorry if that’s the case but can you explain further why hindi sya “OK” for you? Kase po pag voluntary cancellation, we will base it na po sa terms and conditions na nakalagay sa contract na sinign nyo po. Hindi rin po kase biro yung ininvest na effort ng developer when they settled on you to sell the property po.

    Kahit may “no refund” policy po or wala sa contract, you signing the contract binds you to an agreement that bibilhin nyo po yung property under the assumption that you will complete the mortgage payments. For people who have made at least 2 years of payments and decided to voluntary cancel po, may relief naman po sila based sa Maceda Law: http://www.zipmatch.com/blog/contract-to-sell-explanation

    Your next best option po is to find another buyer who is interested in the property and can assume the mortgage. You can ask a broker to assist you with the sale.

    Hope I answered your question well. Good luck!

  • Rizza Estoconing Sta Ana

    Hi @colleengalon:disqus! Depende pa rin po yan sa nakasaad sa inyong contract na pinirmahan ninyo ng inyong seller. Kung nakalagay rin po na naipangako ni seller na ibibigay sa inyo yung land title by that time, then pwede nyo po silang habulin including yung payments na ginawa ninyo for non-fulfillment of contract.

  • Sram

    Hi Ms. Rizza,
    Bumili ako ng condo unit nung May of 2006 and nakapagbayad until July of 2009. Naturnover na sa amin yung unit after ko makapagdown nung 2006. After july of 2009 due to financial problem di na ako nakapagbayad. Tapos nakareceive ako ng letter from the developer ng May of 2012 na kailangan ko bayaran yung unpaid dues ko with the penalty. Since hindi ko na siya kayang bayaran napilitan na kami umalis sa unit & naiwan yung mga gamit kasi meron pa din kami unpaid association dues kaya di kami pinayagan na mailabas mga gamit namin. Ask ko lang po meron pa po ba kami pwede gawin or may makukuha pa ba kami refund? & kailangan ko pa po ba bayaran yung unpaid ammortization, association dues ko & real estate tax? First time ko lang po bumili ng property kaya wala ako idea sa mga laws. Nakwento lang sa akin ng friend ko about maceda law kaya ngayon lang ako nakapagtanong kung meron pa ko pwede magawa ilang years ko din po pinagtrabahuan sa abroad para makabili ng unit ng condo & mga appliances & furnitures ko na di ko na nakuha since 2012. Sana matulungan niyo ko. Thank u

    • Darcee Legayada

      Hi Mars! I understand your concern at sabi niyo po na interested kayo malaman if pwede kayong makakuha ng refund and if kailangan niyo pang bayaran yung unpaid amortization, association dues and real estate tax.

      Yes, you can get the refund regardless the provision stated on your Master of Deed. However, you can only get 50% of your downpaymet.

      For further details, please click on the link below:
      http://www.senate.gov.ph/lisdata/1854015701!.pdf

      With regard to your association dues, kailangan po ninyong bayaran yun since kayo po yung unit owner for 3 years and association dues is a monthly payment. Although your appliances should not be withhold by the property management.

      I hope this will help address your concern.

      Thanks!

      • Sram

        Hi Darcee,
        Thank you so much for the reply. Clear ko lang so downpayment lang ako makakakuha ng refund?
        Yesterday tumawag sa akin yung developer after 2 years simula ng umalis ako sa unit. Sinabi nila na wala na daw ako makukuhang refund kasi idededuct nila dun yung unpaid amortization dues, penalty & association dues. So tama ba yun? & also wala ba ako iba magagawa kasi more than 2yrs din di ako nakapagbayad & after 2yrs lang din nila ako sinulatan tungkol sa unpaid dues ko. Correct me if i’m wrong kasi naisip ko naghintay pa sila ng more than 2 yrs para iremind sa akin yung mga dapat ko bayaran which is di ko na kaya kasi lumaki na siya ng lumaki. Kaya nung july of 2012 sinabi ko sa kanila thru email na iback out ko na yung unit ko & after non wala nko narinig sa kanila. I tried emailing them or calling para magtanong regarding sa refund yesterday lang ako naka receve ng call kungdi pa sila sinabihan ng sister ko na ipapamedia sila kung wala kami makukuha respond sa kanila. And regarding sa mga gamit ko simula ng umalis ako sa unit di ko na talaga nakuha & yung kapitbahay namin sinabi sa akin after ko umalis ng july of 2012 meron na kumuha ng unit ng december 2012. So wala na yung mga gamit ko. I don’t know kung dapat pabayaan ko nalang yung mga nangyari kaso lagi ko naiisip pinaghirapan ko yun maipundar para anak ko & bigla nalang nawala sa amin lahat ng naipundar ko. Ano kaya ang pwede ko gawin if ever na meron pa ako dapat makuha? Again thank you so much.

        • Darcee Legayada

          Hi Mars! I am sorry to hear that. Para mas matulungan kayo, sumanguni na lang po sa Housing and Land Use Regulatory Board (HULRB). Please look for Atty. Marino Bernardo Torres Head of Adjudication Department at 926-1065 and email address ncradjudication@hlurb.gov.ph.

          • Sram

            Ok. Thank you so much.

  • Cel

    Hi Ms. Rizza
    Where do a unit owner should pay a back taxes? The back taxes that is asking for him was computed 2005 and he only bought the unit on 2007? Who is responsible to collect the back taxes?

    • Rizza Estoconing Sta Ana

      HI @disqus_KXf9mU6zJQ:disqus! I would need more information about this. Do you mean back taxes on a foreclosed property?

  • Rizza Estoconing Sta Ana

    Hi @disqus_KXf9mU6zJQ:disqus you need to go to the local government office of the city where the property is registered. You also need to bring property documentation as proof of ownership and have it reassessed with the city assessor’s office.

    Here’s a primer about real estate property taxes written by @zipporahantonio:disqus for more info.

    Hope this helps!

  • Darcee Legayada

    Hi Cristy!

    In buying a property there are 6 legal documents needed to exchange with the home seller. Please the list below:

    1. Letter of Intent
    2. Reservation Application
    3. Contract to Sell
    4. Letter of Guarantee
    5. Deed of Absolute Sale
    6. Certificate of Title

    For more details, please visit this link: http://www.zipmatch.com/blog/legal-documents-home-buying-philippines

    Thanks!

  • cedric L

    Hi Ms. Rizza
    I would like to know kung pwede ko ipa subdivide and get title yung share ko sa na inherit namin magkapatid. I have extra judicial settlement signed by my sister and notarized. But she doesnt want to make necessary documents on her part. Pwede ba na ang part ko lang na 50% ang pa subdivide ko at patituluhan? Thanks sa response sa katanungan ko.

    • Rizza Estoconing Sta Ana

      Hi cedric L! Good question. Actually po depende po yan sa annotation on land title.

      Mas maigi po kung yung land title ay iconvert into e-title para mas less hassle po ang pag divide and transfer ng portion ng land sa inyong pangalan. Kung willing si sister na kayo po magfacilitate ng digital conversion ng land title, then mas madali na lang po yung steps na mapatitulo yung portion nyo. By then, pwede po kayo magsecure ng required documents, pay the appropriate taxes, and apply for Certificate Authorizing Registration (CAR) with the BIR.

      Wala pa po kamen article tungkol sa procesong ito, but will consider your case in the near future for an article feature. If you need assistance in this matter, pwede ko kayong magtanong ng additional information with the LRA:

      Contact Nos.: +632 925 6572 / +632 921 1383
      E-mail: customerservice@lra.gov.ph
      Smart: 0949 3089481
      Globe: 0916 4472120
      Sun: 0923 6344574

  • Marie

    Hi Ms. Rizza,
    We bought a house in camella.
    We already paid the full equity plus reservation sept 4,2015. 150k… if we are going to cancel, marerefund po ba namin ung payment?
    Thanks.

    • Rizza Estoconing Sta Ana

      Hi Marie! May similar question din po si annelli. As advised, depende po rin sa nakasaad sa contract pag voluntary cancellation. As part of ZipMatch’s mission to empower homebuyers with their choices, kailangan din po naten iconsider na just as any other investment, kailangan din naten iacknowledge yung faith na nilagay ni developer nung nag-agree silang ioffer yung property to be purchased via a long-term loan. Because hindi nyo na cocontinue yung purchase, kailangan din ng developer i recoup yung cost in selling the property to you instead of selling it to another buyer who can pay for the home in full :)

      May sinulat po yung colleague ko si Zip Antonio about this:http://www.zipmatch.com/blog/facts-about-down-payment

      A better option po is to find another buyer for the property. Good luck po!

  • Vien Romero

    good evening! I just want to ask for your help.. we bought a lot from Filinvest and said lot was fully paid last august 2014 and they told us that maximum time to get our Title is 8 months. So we waited for that time, its 8th month already, made follow up with them and sad to say wala parin title. They gave us all the possible excuses na pde, nakioagkulitan ako s knila.. Infact halos lahat ng free time ko nauubos kaka follow up and email sa knila. Then just last week yung CS ng filinvest sent me a copy na Ok na lot title namin they just need to do some auditing daw and again we need to wait for another hell months just for auditing?? Anyway, upon seeing the scanned copy of our title I was surprised at may REAL ESTATE MORTGAGE note dated February 2015!!! Fully paid na yung lot since August 2014 so technically samin na yon,wala sila ode gawin without our knowledge or consent.. my question po is if its possible na may gumamit ng title namin to mortgage it since alam nila na fully paid na yun? Untill now wala sila response sa mga tanong ko.. Is it possible ms rizza to get your email address so I can send you the copy of the title..

    Thank you so much!

    Vien

    • Rizza Estoconing Sta Ana

      Hi Vien Romero! I am sorry to hear about your situation. I assume po na meron po kayong proof of document na magsasabi na fully paid na po kayo dun sa developer? If that’s the case po, magfile na lang po tayo ng complaint with both the LRA (who regulates land titles) and the HLURB (since dun po nagreregister ng business ang mga developer).

      Eto po ang mga contact details nila. It’s better po na idocument nyo po via email and email attachments and follow up the status of your complaint via phone call:

      Land Registration Authority

      Contact Nos.: +632 925 6572 / +632 921 1383
      E-mail: customerservice@lra.gov.ph
      Smart: 0949 3089481
      Globe: 0916 4472120
      Sun: 0923 6344574

      HLURB
      Public Assistance and Action Center
      925-65-72
      Ms. Esther A. Gaela(Action Officer)

  • A Frowein

    Good Morning, Ms. Rizza,

    I would like to ask for your advice and help regarding this matter:

    My family purchased a Condo Unit in Manila and we had some inconsistencies sa Contract, nakapagbayad na po kami ng 25 months installment fee (turnover of the unit is on 2019). My husband and I decided to stop paying because hindi kami magkasundo sa Contract ng Developer. In short, we don’t have Contract to Sell signed between us and the developer. I read online about the Maceda Law and it says na kapag 24 months nakapagbayad, we are entitled to a 50% payment reimbursement. I was just wondering, since WALA po kami signed na Contract, would we receive the full amount that we paid for this 25months or instead the said 50%?

    Thank you so much and looking forward po sa inyong reply.

    • Rizza Estoconing Sta Ana

      Hi @aA Frowein! Depende pa rin po sa contract kase I believe the Maceda Law is pertaining to the amortization payments. If yun have made over 2 years amortization payments, then we follow the law. But if the installments are pertaining to the downpayment spread or equity, we will base it po sa unang sinign nyo, which is the Reservation Agreement or Letter of Intent.

      May sinulat po yung colleague ko about downpayment refund: http://www.zipmatch.com/blog/facts-about-down-payment.

      Hope I answered your question. If you need clarification, please do not hesitate to ask :)

      • A Frowein

        Thank you very much for your friendly and informative reply, Ms. Rizza. :)

  • Rizza Estoconing Sta Ana

    Hi annelli! Is there a specific reason baket icacancel ni boyfriend yung home purchase? Kase although meron naman pong binibigay na protection ang batas for homebuyers, voluntary cancellations will have to comply with the provisions na nakalagay sa contract na sinign ninyo with the developer.

    May sinulat po yung colleague ko si Zip Antonio about this: http://www.zipmatch.com/blog/facts-about-down-payment

    Ang better option po dito is if si boyfriend ay makahanap ng seller who is willing to pay at least or over the contract price, or pay by installment and assume the obligation in the contract.

  • glenda

    Gud pm, Mam
    Gusto ko po humingi ng advice, may bibilhin po sana kami mag asawa na lote, nagbigay na kmi ng half of the price, but lately we decided not to continue or cancel na lng kasi di naman nasunod ang napag usapan namin na they shoulder everything from notarization of deed of sale and to registry. Now we want our money be return. As soon as possible, kaso ang sabi mag antay kami mabenta sa iba ung lot. Ano po pwed ko gawin para maka demand ako na mapabilis ang pagsauli nila sa pera. Hope you can help me. Thank you

    • Rizza Estoconing Sta Ana

      Hi @disqus_3DuOCtQkd5:disqus! Um medyo tricky po yung concern nyo. I do hope yung benta ay ginawa in writing or may sales contract signing na naganap para macompel nyo po si seller isauli yung pera. Otherwise, pwede naman po kayo magenforce since hindi naman nadeliver ni seller yung pinagusapan nyo. If you want to speed up the process, kailangan nyong magusap na merong third party na magmemediate.So pwedeng ibarangay, or consult the services of a lawyer.

  • rachel ruivivar

    Hello, I have invested in 2 lots in a subdivision, financial hardship forced me to convert the payments made on one lot to the other lot, then further hardship put me behind to the point of cancellation, the same day i received the 30 day notice for this, i received a notice of the developer converting our lot into right of way for expansion into a new phase of the subdivision. We have sent them a notice stating we do not want the alternative lot they offered and would like a full refund of payments made. My question is, will the refund be full payments made or only principal and no interest or only half of principal? the difference is significant after four years of payments made. Thank you for your reply and attention to this matter.

    • Rizza Estoconing Sta Ana

      Hi @rachelruivivar:disqus! Wow this sounds interesting. I assume that you need some advice about the other lot you have been paying up until the 30 day default payment notice.

      Now, the first thing you need to ask yourself is if whether the developer has the right to convert the lot you have been paying. If the developer has violated terms of your lot contract with regard to the right of way conversion, then it would be best to lawyer up and discuss just compensation with the developer. This is because kahit technically pagmamay-ari ni developer yung lot na kinonvert, the developer has entered into a sales agreement with you. The lot in question shouldn’t be used for other purposes except as property na dapat iturnover sau after completion of payment. Hindi sya dapat ginagamit sa ibang bagay, if you know what I mean.

      Now, if the developer raises the question of you defaulting on the first lot, you can negotiate this along with just compensation with the second lot na kinonvert.

      I guess what I am trying to say is, you have the right to ask for just compensation and negotiate with the developer about the two lots. If you do negotiate, please do so with a lawyer with you.

      Good luck!

      • rachel ruivivar

        first lot was converted already into half of paid value and applied to second lot. we accept that there was nothing we could do to avoid that one. second lot we received the notice of conversion to right of way dated one day prior to receiving the notice of default. basically they decided to expand in a direction of the development that they had not intended when we began payments. they offered us the lot adjacent to our original lot but if we accept that, we will be in the middle of two phases rather than tucked away into a corner of a phase like we had hoped. Anyway, we wrote them a letter telling them we would rather have a full refund of payments made rather than the adjacent lot and when we followed up they said it would take a month to process. but the person we had following it up forgot to ask them if its a full refund or how much or anything, just asked them basically when we would receive our money. Either way we haven’t talked with a lawyer yet, from my own research its pretty clear, they owe us a full refund of the payments made to the second lot as they have changed the terms by adding a new phase of the development that wasn’t in the original plan. They are forced by law to have it as a right of way and if they want to develop in that area then they have to give us a full refund from what i read anyway, it was a law from the 70’s and amended in 2009, but the applicable portion i read was unchanged.

  • thanamarin

    Hi

    I bought a condo rent to own scheme directly from the owner
    Paying 120k a month 4 years to pay with intrest/insurance
    On the 9th month decided to use my pagibig
    After 2 months of process. When i was asking the owner that i need certified copy of the title. Its just then she told me that the unit is mortgage at bdo for another 12 years with 36k monthly. Is this a ckear case of fraud staffa and nondisclossure. Cz i want my money back…
    :-(

    • Rizza Estoconing Sta Ana

      Hi @thanamarin:disqus! Good question. If the owner failed to disclose that the property is still under mortgage before you both entered into a sales agreement, then yes. In a sales contract kase, dapat yung property na binebenta sau should be free from any obligations unless dinictate nya ito beforehand and you have explicitly agreed to buy it anyway.

      Now the next question is if yung sales agreement nyo ba was put into writing? I do hope so po for your sake because it is hard to argue your point pag wala pong pwedeng basehan si court regarding the terms of your sales agreement.

  • omang

    Hi, I just want to ask what is the remedy of the first buyer in case the seller sold the property to another buyer who in turn was able to register the title?
    What should be my proper action against the seller?

    • Rizza Estoconing Sta Ana

      Hi @disqus_MxuQujkXbg:disqus! Depende rin po sa details ng inyong case. Kung si seller ay isang developer po, then you need to file a case with the HLURB for the proper sanctions. Kung owner po sya, file a case with the barangay hall where the property is located or the contract has occurred, and with the court.

  • Rizza Estoconing Sta Ana

    Hi @thanamarin:disqus! It’s your option to report this to BDO po, pero I doubt BDO will take action about the complaint if the owner is consistently paying for the amortization payments. What you can do is to file the complaint to the proper channels, in this case the barangay where the contract occurred or with the court na.

  • Dikkoo

    Hello Miss Rizza,
    Eto po yung case ko… may nabili ako lupa “urban poor” part kami ng home owner’s association. na fully paid ko na po.. then nagrequest yung home owner ng fee para sa “Transfer of Tile” nabayaran ko na rin po yun. nung sept 18. nag release na ng Land Title… Pero yung nakalagay owner name sa land yung pangalan po ng association di po name namin which fully paid nman at nakabayad na transfer fee. ask po president ng home owners sabi nya talagang ganun po since 2010 policy sa registration of deeds. bale yung binayad ko transfer of title para sa pangalan ko naging useless po, may land title na binigay sakin pero association yung nakalagay owner. ano po kelangan ko gawin para ma transfer yun sa name ko?

    • Rizza Estoconing Sta Ana

      Hi Dikkoo! Sorry hindi ako nakasagot agad. Actually, there is a possibility that the ownership of the land is in the home association’s name. My first question is if meron po bang kasulatan ang inyong pagbili sa lupa? Kase pwede nyo po ito ireklamo kung yung owner ay minisinterpret nya yung ownership ng land. Antimano, pag nakapangalan sa homeowners’ association, hindi po sya pagmamay-ari ng owner na binayaran nyo. At this point, pwede nyo pong ireklamo at makakuha ng refund pag napatunayan na ganito po yung nangyari.

      Pag ganito po yung nangyari, isangguni nyo po agad sa LRA or Land Registration Authority:

      LRA Customer Service Desk
      Lower Ground, LRA Central Office, East Avenue Corner NIA Road, Diliman, Quezon City

      Contact Nos.: +632 925 6572 / +632 921 1383
      E-mail: customerservice@lra.gov.ph
      Smart: 0949 3089481
      Globe: 0916 4472120
      Sun: 0923 6344574

  • alex

    in a condominium, when a person was disabled due to accident or worse died, does the property will be awarded fully even with existing balance? thanks for this site!

    • Rizza Estoconing Sta Ana

      Hi @disqus_ppADwGVrid:disqus! Good question! Actually, the burden to provide proof will lie on the victim or the surviving family members of the victim that the cause of the accidental death was due to a certain feature of a property. This is because the court will need to have evidence that the property manager knows that that feature poses danger to the victim and that no action was taken for the victim’s safety.

      I hope I answered your question and I do hope that this is not about your family member :(

    • Oliver

      if I may answer, property buyers pay and insurance called MRI (mortgage redemption insurance). It is an insurance you pay that will fulfill the remaining balance of the loan to the financing company (bank or pagibig) in the event that principal borrower dies. There is a certain percentage MRI pays if the loan has a coborrower. so to answer your question, the property will be fully paid then be given to the heir of the deceased owner.

  • Jester Bing Punongbayan Morale

    Hi ms rizza tanong ko lang po kung anong right namin kasi sabi ng pag-ibig ibebenta n daw ang property namin. Due to financial issue 19mos n kami hindi nakakabayad. Gusto sana namin bayaran paunti unti kaso iniinsist na we should pay daw in full amount

    • Rizza Estoconing Sta Ana

      Hi @jesterbingpunongbayanmorale:disqus! I’m sorry to hear about this. I assume that the property po is naforeclosed na ng Pag-IBIG Fund, correct? If that’s the case po, I will also assume na binigyan po kayo ng notice ng Fund and ng oras or opportunity na meremedyohan yung late payments para hindi kayo madefault. Usually po dapat nagbibigay ng opportunity si Pag-IBIG to restructure the loan, or construct it with new payment terms na hindi mabigat sa inyo.

      Since medyo lipas na po yung inyong payments at walang considerable action on your part, then wala pong choice si Pag-IBIG kung hinde iforeclosed yung property. The best option at this point is to find an immediate buyer who can assume the payments (and late fees) or bilhin yung house nyo on a premium.

      Good luck po and sana maremedyohan sya.

  • RICHIE DOMINOS

    Hi Ms Rizza,

    Sana po matulungan niyo po ako sa problemako. Ako po si Richie, OFW po ako dito sa Luxembourg. Eto po ung problema ko. Bumili po ako ng 1Bedroom unit sa Century Properties last Dec 2011. It’s a pre selling condominium. Nakabayad na po ako since Dec 2011 til this month Sept 2015 for 4 years. Supposed to be po matatapos ung unit ko Aug 4, 2016 pero nagemail po sila two weeks ago na ngayong Dec 2015 na po matatapos ang unit ko. So I need to pay all my remaining balance before December 31, 2015 para maprocess agad ung pagturn over ng unit sa akin po. So I have to pay a really big amount not before Dec 31. But the problem po ngayon is wala pa po akong trabaho kasi I moved to another country and got married last year then I got pregnant right after and now I’m taking care of my baby. Hindi rin po kami qualified sa bank financing. Ang concern ko po is kung magcacancel po ba ako sa contract ano po ang dapat kong gawin to get 50% refund from all my payments I made to them excluding the charges that they will make. Kelangan ko po ba muna mgrequest sa kanila the exact proof of receipts from the bank that I sent every month of my amortization since December 2011 until Sept 2015 bago ako mginform sa kanila na magcancel na ako sa contract. Magiistop na po talaga kasi ako sa amortization ngayong October. Wala na po kasi akong pambayad sa kanila at ayaw ko pong umabot magpenalty ako ng 3% after December 2015. Please tulungan niyo po ako. I desperately need your help.

    Maraming salamat po sa time niyo. I’m looking forward for your positive response.

    Sincerely,
    Richie
    Richie Dominos

    • Rizza Estoconing Sta Ana

      HI RICHIE DOMINOS! Hello from the Philippines! Actually, hindi naman po kelangang humingi ng receipts, although it pays to have physical documentation of all the amortization payments you made with them (Smart move :D).

      Pero pwede naman po kayo magcancel and makareceive ng 50% of your payments as long as you do this by notarial act: http://www.zipmatch.com/blog/philippine-real-estate-laws-faq

      Pero mas maigi na rin pong idiscuss nyo with your broker about the terms and conditions once you cancel your contract para may alam po kayo. Because each contract to sell is different, it pays to understand what the eventuality is if nagcancel po kayo.

      Good luck po!

      • RICHIE DOMINOS

        maraming salamat po maam. It helped me a lot. :) :)

  • Gladys Bier

    Hello po Ms.Rizza,
    Gud pm,nakakuha po ako ng hulugan na bahay, nabayaran ko po ang down payment(860K) + 3 months amortization.Hindi ko na naituloy ang pag bayad 2 years ago na nag kaskit po ako di na rin mkapag work, may pag asa pa po ba na ma refund ko yung mga naibayad ko?tenk u po sa sagot

  • Gladys Bier

    Hello Ms. Rizza,
    gud pm, nakakuha po ako ng hulugan na bahay , nabayaran ko po ang downpayment (860K) +3 months amortization, 2years ago ko na pong di na tuloy ang pag bayad nag kasakit at di nko mkpag work,tanong ko po kung may pag asa ko pa bang marefund ang mga naibayad ko?tenk u po sa sagot.

    • Rizza Estoconing Sta Ana

      Hi @gladysbier:disqus! Depende pa rin po sa nakasaad sa inyong contract since yung amortization payments nyo is not over 2 years as provided relief by law: http://www.zipmatch.com/blog/facts-about-down-payment

      However, may option naman po kayo ibenta yung property at a premium or get a buyer who can assume the payments para may marecoup pa rin kayong pera na ibinayad nyo sa bahay.

  • Dens

    Good day Ms. Rizza
    My cousin offered to sell me her property for Php2.5M, she was desperate to leave the area and her offer was:
    1. Give her a down payment of PhP450K, and the rest is “Pay when able”
    (i offered to pay her 100K every 6 months + additional in case of good financial standing)
    2. She will be the one to workout the transfer and shouldered/pay for the expenses.
    etc.

    We have singed a Letter of Agreement, we have transferred our earnest money in her account. After two months, i have decided to pay her 200K as my finance allows me, but i am requiring her to execute a Contract to Sell.
    She refuses to execute a CTS, or if she was to execute a CTS she wants to alter the part where she is to pay all the fees and make us pay the following:

    TRANSFER TAX AND REGISTRATION FEE
    NOTARIZATION FEE
    Documentary Processing Fees

    Her reasoning was; the format (that we have downloaded from the internet – phil legal docs)is standard, and that format states that we, the buyer should be the one paying the above mentioned fees.
    Question1: Is this correct or incorrect?

    Question2: If this is incorrect, and she refuses to execute a CTS, what action can we take?

    As i understand it, the terms and conditions are based on offers and counter-offers agreed by both parties.

    Hoping that you could enlighten me with this issue…
    Thank you…

    • Rizza Estoconing Sta Ana

      Hello @disqus_tGN1eLArHU:disqus! Good questions! Actually, yung mga costs na your cousin is asking you to shoulder is normally not enforced to the buyer unless you initially agreed to it sa letter of agreement.

      Now if your cousin refuses to execute a CTS, it is best to have an arbitrator or a broker to help you protect your rights in this contract. If you feel that your cousin will not budge on her end, you can cancel the contract under the terms of the letter of agreement regarding cancelling due to unfulfillment of terms.

      • Dens

        Thank you for accommodating my questions, appreciate it so much!

      • Dens

        Thank you for accommodating my questions…appreciate it so much.

  • choi

    hi po good day. nagbenta po lola ko ng part ng lupa nia sa kapitbahay namin. wala pong proper documents lahat yun. pati yung payment nila sa lola ko installment. patay na po lola ko. ang problema po, binigay ni lola sa kapitbahay namin yung buong title. and tingin po ng pamilya namin kulang pa bayad nila sa lupa. lahat ng naging transactions nila ay puro lang verbal. gusto po ng mga naiwang anak ng lola ko na paghatian na yung natitirang lupa and singilin yung kulang pang bayad ng kapitbhay nmin. Ano po rights and obligation namin? pwede ba naming bawiin yung title na nasa kamay ng kapitbahay nmin ng basta basta? anyone po na may idea can comment. thanks po!

    • Rain

      Hi, add ko lang po yung info na, kahit hawak ng kapitbahay nyo un title, name pa rin ng Lola nyo ang nakalagay don Sa certificate of land title. Kailangan pa rin nilang itransfer sa name nila yon, para maging legal owner sila. In the end, baka sila pa ang lugi..Kung totoong Wala proof of proper purchase and proper documents. Isa kasi sa reqts sa pagtransfer is Yung deed of sale. Kung wala non, ewan ko na po :)

    • Rizza Estoconing Sta Ana

      Hi @disqus_BJizV4L4l0:disqus! Medyo tricky yung situation mo. Ang concern ko kase dyan kahit kinoconsider pa rin ng batas na legal ang verbal agreements, walang written documentation ang pwedeng ienforce ng korte sa kapitbahay nyo regarding sa pagbayad ng balance dun sa sale.

      Unless willing naman po si kapitbahay isettle ang balance, mas maigi isettle nyo ito with a mediator (pwede na po sa barangay or with a lawyer) tapos have the agreement in writing.

      Now, as with the title, if wala pa naman nangyaring legal transfer dun sa records ng Land Registration Authority, pwede naman po bawiin kung hindi magcomply si kapitbahay sa terms ng original contract nila ng lola ninyo. You can ask for a copy instead and add notations through the LRA.

  • Derek M

    Hi Ms Rizza, my question pertains to the below:

    ======================================= 2. Your developer should issue a refund if the contract was
    cancelled. Cancellation should take place after 30 days of receipt of
    notice of cancellation or a demand of rescission of the contract by a
    notarial act from the developer and upon full payment of cash surrender value (CSV) to the buyer;

    Refund should be at CSV of the payments of the property or equivalent to 50% of the total payments made to the developer;
    If you have made more than five year’s worth of installment
    payments, you are entitled to an additional refund worth 5% of total
    payments made in a year. The refund should not exceed 90% of total
    payments needed to be returned. ============================================

    I have made payments for 7 years @ Camella. They have issued the notice of cancellation on June 16, 2015 and I have responded with my letter to proceed with the cancellation 30 days after. It has been more than 60 days sine then. When I follow up they always reply that it is still for approval. Is something wrong here? As per the Maceda Law, do the total payments include the downpayment paid over 12 months?
    Would appreciate your valuable advice. Thanks

    • Derek M

      Update – They are saying that it is now for re-presentation and that it takes longer for NDC or Notice of Delinquency and Cancellation. They still cannot give me a specific time frame when this will all be completed.

      • Jennifer Reyes Cariño

        Sir DerekM,
        Naka receive din po ako ng Notice of delinquency and cancellatin Sept 5 this year. Tinawagan ko po yung camella at tinanong ko nga po ung notice na pinadala nila. Ang sabi ng account officer mas maganda daw na mag voluntary refund ako para mabilis or pwedeng irestructure ang payments until maging full paid yung property. Hndi ko ginwa yung 2 option na binigay sakin kasi una, pag voluntary refund halos nasa 180k lng ang refund na makukuha ko base sa estimated computation na pinadala nya sakin sa email at subject for approval pa daw yun ng acctg. Yung Restructuring naman, nirerequire nila ako magbayad ng 15k spot cash then 12 mos PDC which hindi workable sa end ko. Ang tanong ko po sa inyo, dapat na po ba ako umalis dto on or before october 5? ayun kasi ang ika 30 days since nareceive ko yung notice. Di ko po alam kasi yung gagawin ko. Di naman makausap ng maayos yung account officer. Iupdate nyo din po ako regarding sa refund sa inyo. thanks

  • Ruth

    Hi Ms. Rizza,
    Fully paid na po kami ng equity. within 12months. Ngayon po gusto na namin hindi ituloy yung pagbabayad kasi approved naman kami sa banko tapos hindi pa pala dpat magbayad sa banko dapat sa Camella muna magbayad ng amortization habang ico.construct daw ang bahay atleast 30%. So we decided not to continue with Camella kasi marami pa silang mga policy na hindi naman samen sinabi during briefing ngayon lang nila sa amin sinasabi. May makukuha po ba kaming refund, hindi ko din kasi maintindihan ang Maceda Law

  • Jason Conferido

    Hi Ma’am Rizza,

    I love your blog, very informative.

    I need your advice please… My wife and I were offered a piece of land in Las Piñas. The location is very strategic and we are very interested to buy it. The problem is, the owner lost his Certificate of Title and what he has is just a copy of Deed of Absolute Sale. Will this do? The seller is scheduled to go to America in a month and he has no time to process the documents anymore. How long will it take to process this kind of document (new Certificate of Title)?

    Thanks in advance and more power!

    Jason

    • Rizza Estoconing Sta Ana

      Hi @jasonconferido:disqus! My advice would be to have the owner assign someone with a Special Power of Attorney to oversee the sale, including the reissuance of the seller’s Certificate of Title with the LRA. This is for your own good, of course, once the sale is done. Lack of time should not be the reason why you need to rush the sale if you are willing to go through the sale with the proper documentation.

      I believe the copy of the Deed of Absolute Sale the owner is offering is only a document that gives proof that the property was transferred from the previous owner to the current owner, which is your seller. The document, however, will not put into writing or give proof that there is a real transfer that will or has transpired between you and the seller.

  • Joel Arceo

    Hello po mam Rizza,
    Meron po ako biniling lupa sa isang private subdivision na dinidivelop palang sa bulacan..natapos ko na sya bayaran 2012 then after a year. They wrote me a letter asking me to pay security and maintenance. i just ignore it because wala naman ako bahay duon na para bantayan..Then now 2015 wrote me a letter again saying na hindi pa ako bayad ng security and maintenance since december 2012, and they included penalties na sa letter with a due date na kapag hindi ako mag bayad within 15 days..they will make legal actions..YUng lupa ko po duon mataas na mga damo..Kaya nagtatak po ako kung anong klase maintenance and security sinasabi nila, may mga nkakapasok pa duon para mag jogging..And 1 more thing we tried mag swimming sa clubhouse duon sa subdivision, pinag bayad parin ako kahit lot owner eh nakalagay naman sa contract ko sa lupa na free membership and free to use all facilities…Ask ko lang po kung ano po ang rights ko as a lot owner in subdivision? I need your help po..What will be my move to stop this..Thank you..God Bless..

    • Rizza Estoconing Sta Ana

      Hi Joel Arceo! I really cannot speak for the property management of the subdivision, but I feel that there is miscommunication happening between you and them.

      Once the property has been turned over, the property management will automatically collect po the fees necessary to perform their obligations to the property. Kaya po need pa rin ninyo bayaran yung fees as a member of the homeowners’ association and as a property owner in the subdivision.

      Also, you can ask the property management to provide what exactly covers the security and maintenance fees they issue to home and lot owners in the subdivision. You can also ask your neighbors if they are being charged similar fees.

      As with the use of the amenities, did you raise this concern with your broker or the developer? Mas maigi po na ganon so maiforward yung clarification sa property manager.

      Hope my advice helps. Salamat po!

      • Joel Arceo

        Hi Mam Rizza, Kahit po ba wala ako pinirmahan na papers regarding homeowners fees..Saka po hindi naman nila nagagawa yung pagtabas sa damo ng lupa namin at marami parin na kaka pasok sa subdivision..Ang sagot lang sa amin eh di wag daw kami magbayad kung ayaw namin..May isa pa po ako tanong, when we check sa municipality hindi pa nila nababayaran yung amilyar ng lupa namin from year 2009-2012..kaya po hindi namain mabayaran yung 2013 – 2015 na amilyar..ano po ba ang gagawin namin..abonohan munaba namin or hintayin namin bayaran nila ska namin bayaran yung sa amin taon?..Thank you po..God Bless..

        • Mary Jane

          I am glad I am not the only one with this problem. I did not sign any document regarding maintenance fees on my vacant lot and I was charged 25,000 pesos for the past 25 years. My brother paid it while I was residing abroad, but is there a way for me to get it back? Is it legal for the homeowners association to collect fees even though the lot owner is not aware of these fees? Thank you, I really need your help.

  • Ana

    Hi Ms. Rizza! I hope you can help me! I bought a condo unit in baguio but I failed to perform my financial obligations after about 2 years. I checked with my agent and out of the 150kplus I invested, they can only return the 50k because of some charges like lawyer’s fee etc. I really want to reimburse at least 80% of it. Do I stand a chance? Thank you.

    • Rizza Estoconing Sta Ana

      Hi @disqus_um3xRPcW3A:disqus! I wish the law can help you with this, kaso 2 years na po tayo delayed sa payments.

      The amortization payments po are structured in a way that the developers/banks/Pag-IBIG Fund can get assurance na the debtor po will pay the entire loaned money on or before the agreed loan term. This is because the money they have loaned you could have been loaned to another person who has the capability to pay the money back in a short period of time.

      In your case po, we can recoup some of the money as per the law dictates, but the payment delinquency causes complications na. At this point, the developer (if the mortgage is done through them) will have to apply the penalties, surcharges, and other fees as agreed in your sales contract with them.

      Hope I clarified matters. Thank you!

  • Roland Ablanida

    Hello po Ms. Rizza,

    I surely need your advise now kasi we have just sent our request for cancellation na nung property na kinuha namin sa Malolos.
    natapos ko po yung equity at nagbabayad na ng mahigit 2 years sa mortgage ng house&lot sa developer dahil hindi hindi po ma-accommodate ng pag-ibig at bank ang TCP. May ipinagawa din po kasi kami sa developer na bakod na worth P470 thousands at wala naman kami naihulog dun at pinipilit nila na isama yun sa TCP ng H/L.
    Sa laki po ng binabayaran ay nagpasya na kami na iwanan na lamang.
    mahigit kumulang na 1.4M na po ang naibabayad namin sa bahay at cmula nga nung 2mos ago ay di nakami nagbayad kasi nga gusto na namin umalis.
    But to my dismay, P360+ thousand lang po ang refundable daw sa akin.
    tama po ba ang computation nila? Hindi raw po kasi kasama ang mga interest at other surcharges na ibinbayad ko po.
    Thanks in advance po sa sagot.

    • Rizza Estoconing Sta Ana

      Hi Roland Ablanida! Sorry for the late response. Ayon po sa batas, karapatan po ninyo makakuha ng 50% of the total payments you have made towards the developer if you decide to cancel. However, since nagincur na po kayo ng penalty dahil sa default payments, susundin na po naten yung mga terms na nakalagay sa inyong contract to sell kung mahuhuli po kayo ng bayad sa amortization.

      If you will continue with the cancellation po without a new buyer, you can request a computation breakdown para may idea po kayo kung pano sila nakarating sa refundable amout.

      Kung gusto nyo po marecoup yung ipinundar ninyo sa bahay at lupa, the best option po dito is to keep paying for the amortizations until you can find a new buyer who can either pay the price you will demand, or pay a portion in cash and assume the amortization payments with the developer.

      Sana po nakatulong ako. Good luck po!

  • delingkwente

    Dear Ms. Rizza,

    I want to sell my 200 sq. meter lot and the buyer wants to pay it in 2 partial payment. He will give 300K in advance and after 6 months he will give the remaining amount in full payment and that is fine with me with the signed CTS agreement. However, he insisted that the original title of my land will be kept by him as a warranty for giving his 300k advance payment to me. Is this legally right and acceptable that he will keep the original title even if he is not fully paid yet? Thanking you in advance for your advise.

    • Rizza Estoconing Sta Ana

      Hi delingkwente! Usually, the CTS would suffice already, because the only time a seller would turn over the original title is if the property has been fully paid.

      If you think the buyer is concerned about the safety of his downpayment, you can ask a mediator or a court to arbitrate the sale. otherwise, it is your right to not give the original title up as a warranty.

      This is an article my colleague made about the legal documents issued during the homebuying timeline: http://www.zipmatch.com/blog/legal-documents-home-buying-philippines

  • ng_pk

    Hi Ms. Rizza,

    I have housing loan to a bank for 20yrs.

    After 5yrs of payment I decide that my remaining balance will be restructed for only 5yrs not for another 15yrs.

    My question is do I get rebate for my payment for first 5yrs and asking for restructure?

    Thank You
    Junard

  • Mel reyes

    Hi po, bibili po dapat tita ko ng lupa nagbigay na sya ng 100 thousand ang worth po ng lupa ay 1.3 million, kaso po after a month nag back out sya , marrefund po ba yung naibigay nya. Thank you po

    • Rizza Estoconing Sta Ana

      HI @disqus_eVs10AmkRa:disqus! Sorry, ngayon lang ako nagreply. Direct buyer po ba ito or may broker? Tsaka depende po din talaga kung may contract naman po yung pagbili ng lupa.

  • Rizza Estoconing Sta Ana

    Hi @jenres:disqus! I do hope that aside from a verbal agreement, there has been a written agreement in place that would describe in writing on what you have agreed on. I mean you do have the right to recoup the monies you have already contributed to the equity, but it will be difficult in even the legal courts to prove that such agreement has taken place even if your team leader acknowledges the agreement.

    Either way, you can both settle this between yourselves, or with the help of an arbitrator (a barangay hall officer, perhaps?). Good luck!

  • Jossel

    Hi Miss Rizza,

    I just found out there’s a forum like very informative po. By the way i have a concern about my property in cavite. it’s almost 3 months already and still wasnt able to pay the monthly amort,since i habe plan to give it up. then my mom convinced me to push it na ang kasi sayang. Then,i asked the accounting if it’s possible na one month muna pay ko out of three months,then i’ll pay the remaining by the end of the month. pero di sila pumayag and they want me to pay the whole 3- month unpaid. please advise po. thank you.

    Jossel

    • Rizza Estoconing Sta Ana

      Hi @disqus_FJFzLQ4ZEd:disqus! Thank you for the kind words! Actually, may say na si developer lalo na if nagdefault po kayo ng payments. As much as we recognize buyers’ rights, sellers like your developer had also invested time and money to work with you in getting your new home po. Ang alam ko naman po may grace period po binibigay si developer when paying the 3 months amortization payments.

  • Gladys Gozum

    Hi, Ms. Rizza.

    Your blog is very informative and I want to take this opportunity to raise my concern.

    I purchase a property for business use directly from the owner of the house and since I don’t have enough money to pay for it I decided to apply it through pag-ibig housing loan. Now, the seller and I agreed to renovate the property even if the title was not yet transferred to my name so i can start to operate my business. I have already paid for the CGT and Docs stamp and now awaiting for the CAR to be released from the BIR. After the renovation I’m also planning to register my business using the newly purchased property’s address. Are you seeing any repercussions/consequences on this process? What are the things that i need to consider?

    Any advice will be highly appreciated. Thank you in advance!

    • Rizza Estoconing Sta Ana

      Hi @gladysgozum:disqus! Thank you for the kind words! I actually don’t see any repercussions and the seller appears to be very cooperative. However, I would insist that you update the sales contract to make sure that the improvements made on the real estate property and other changes in your transaction is legally recorded for both your own sakes. Good luck!

  • Stan

    Hi Ms. Rizza,

    Nag benta po ako ng house and lot. Ang nasa contract namin between the buyer is dapat bayad na sya by 2014. Nakiusap sya na kung pwede hanggang April 2015 nya ma ffully paid although more than 2 yrs na sya nag babayad, pinagbigyan ko kaso hindi tumupad at hindi na namin macontact yung buyesr e October na. Binisista namin yung bahay na binenta namin at abandonado na, sabi ng mga kapitbahay halos 1 year na daw walang nakatira. My questions are: Pwede na lang po ba namin ibenta sa iba yung bahay at ipaalam sa dating nakabili? Ilang percent po ang dapat namin ibalik sa kanya?

    Maraming salamat.

    • Rizza Estoconing Sta Ana

      Hi @disqus_lwJtxsYYf9:disqus! Meron po ba tayong sales contract between the buyer? Pag wala pa naman po tayong ginagawang transfer of ownership, then pwede naman pong ibenta sa other buyer kung nagexert naman po kayo ng effort to reach out with the first one. You can hold the payments already made by the first one minus the expenses you have exhausted with regard po sa sale. Thank you!

  • Mcdho DE Guzman

    Hello, I have bought a house and lot and construction of the house is 90% done. We notice that their is a descepancy in the model house and our house. The problem was the plans that was given to us to sign and the model house shown to us is different in some areas. We talked with the developers and they are insisting that their is nothing wrong with the plans and the model house plans was changed without informing us of the changes. before we paid the spot down payment we were asured that our house is the same as the model house. We are demanding to have it change but the developer is insisting that the plans was signed by us and that was followed so we have no right to demand.

    Thank you!

    Mcdho

    • Rizza Estoconing Sta Ana

      Hi @mcdhodeguzman:disqus! So sorry to hear about this. You can legally enforce the developer to deliver the house according to the floor plans as specified in your sales contract. You can ask a lawyer to review the terms of your contract with the developer to initiate this enforcement.

  • elaine

    hi mam :) i just sell my property and buyer wants to get her money because she discover about the drainage(imburnal) under my property …she already sign all the documents needed and i already pay the tax and the brooker…if thats possible for her to claim all her money cause i will lose a million if she do that…even though its been month since she pay the full amount… she’s torturing me regarding this …i already told to her that she can get money back if she agree to less all the expences i made for selling my property like the tax and the brooker fee…can you gave advice to me how much money she can refund?

    • Rizza Estoconing Sta Ana

      Hi elaine! I assume that there is a written sales contract between you and the buyer, correct? If that’s the case, then the refund will be based on the terms in the sales contract. Kung wala naman po, pwede naman po kayo sumunod ayon sa Maceda Law with regard to refunds for cancellations:

      http://www.zipmatch.com/blog/facts-about-down-payment

      Hope this helps po. Maraming salamat!

  • GeaileSui

    Hello,
    I just paid reservation fee for a townhouse but I wanted to cancel it due to some misinformation regarding the equity payments. Will my reservation fee be refunded if I do the cancellation within 24 hours?

    • Rizza Estoconing Sta Ana

      Hi @geailesui:disqus! Can you be more specific about the misinformation? Kase if ever this will be contested and will be forced to settle in court, there should be written proof (or at least a stipulation in the contract) that the misinformation did occur.

  • hussmannn

    HelloRizza,

    I found this after searching about my situation. I read about RA 6552 aka Maceda Law and another who said that this does not apply on loans thru bank or Pag-ibig Fund. Is that correct? Similar with others’ situation who posted here, I was an OFW but recently lost my job and I just started paying for the monthly amortization for the condo I purchased last April 2015. Given my situation, I won’t be able to contnue the payments. How do I go about this? I hope you could give me some guidance as I already contacted the bank to ask for options and I was told of these:

    1) Please avoid being four months past due as account will be endorsed to our Remedial Department.

    2) If account will become delinquent any legal action will be filed against the Bank primary borrower. –>. what possible legal action eill they file against me? Who wants to lose his job? This is something that I can’t control.

    • Rizza Estoconing Sta Ana

      Hi @hussmannn:disqus! I know this is a stressful time for you and I am sorry to hear about your situation. I am not sure about the technicalities regarding the law, but technicalities aside, the law states that anyone who has paid for at least two years’ worth of amortization payments gets entitled to at least 50% refund. Now, your agreement with the lender (bank or Pag-IBIG) is of a different matter, so its common sense na labas si lender sa agreement ninyo with the developer.

      Now, since less than two years lang po tau, at wala po tayong capacity to make amortization payments even though bibigyan kayo ng grace period ng both developer and bank/Pag-IBIG, your next best option is to find a buyer who can assume the mortgage or purchase the property from you outright at a premium price.

  • MIRASOL SAULI

    Dear Ms. Santa Ana, the house I bought is all paid for my problem is that the developer is giving me all excuses and has not issue the title yet. It has been over a year. I am here is the U.S. and so maybe I can retain an attorney to assist me in obtaining the title?

    • Rizza Estoconing Sta Ana

      Hi @mirasolsauli:disqus! So sorry to hear about this. I assume there is a sales contract, correct? You can legally compel the developer to turn the unit over as stipulated in the contract. Yes, you can seek the legal services of an attorney to facilitate this.

  • Si Bryan Nga

    Good Day Mam Rizza,
    my boss is willing to buy beach front property a 4.5 hectares.the owner declares only document she have are Barangay Certificate, Survey, and waiver signed by the previous owner. she doesn’t have any supporting documents and tax dec. because beach front property are hold by DENR for payment of tax dec. may i ask mam if it is ok to deal with it? Thank You

    • Rizza Estoconing Sta Ana

      Hi Si Bryan Nga! I believe I answered your question but I will post it here for everyone’s benefit:

      “I think you read this article and would like to know more alternatives: http://www.zipmatch.com/blog/real-estate-transfer-via-donation

      Actually smart move po yun. Pero what your family can do is to set up a living trust that would name both your parents the trustees or primary beneficiaries and you and your siblings additional beneficiaries. Consult and ask assistance from a lawyer on how to set this up. I’ll probably discuss this in my next article, but it makes sense since we technically cannot name multiple people in a single real estate property.”

  • saxah999

    I applied for a house more than a year ago and was promised construction more than 6 months ago but it was delayed over and over again and not they are saying it will be constructed on August next year. This was certainly not what was promised to us so I asked my agent to look for someone to assume the property or get a refund of the 42k that was paid as equity. The agent told me that the contractor denied refund and disallowed us to look for someone to assume the house. Do I need to get legal assistance?

    • Rizza Estoconing Sta Ana

      Hi @saxah999:disqus! Thanks for sharing your concern. If this stipulation was placed in your contract, you can legally enforce your right to seek refund if the developer did not turn over or constructed the property upon the agreed date.

      • saxah999

        Unfortunately there was no contract, just receipts. We paid for reservation+Equity+Utility. I asked them why they did not provide contract and they told me the receipts were enough. We went to their office and filed a cancellation. The person said to wait for their text message as they will need to have it approved. I wonder why I need to get approval to get my money back? It’s like begging for someone to return your money. They also told us that half of what we paid was sent to Utility (Water and Power) and that we need to request a separate refund request to that separate group. We feel we have been given a run-around but we’ll see what happens in 1 week.

      • saxah999

        Weird, I replied here but someone erased it. Anyway, as I was saying, there were no stipulation (only receipt). We went there and filed a cancellation. We are to wait 1 week for updates

  • Nosle

    It is stated in the certificate of acceptance and turn-over of the residential unit:

    “I/We further certify that the developer, (The Developer), has fully complied with all obligations to me/us. From this date, I/We now assume all risks of loss, damage or deterioration of the said Property, and will hold (The Developer) free and harmless from any loss, damage, deterioration or deficiency of the said unit because of my failure to actually occupy the said Property.”

    Is this just or fair? Wala man lang binanggit tungkol sa warranty. Tama ba humingi ako ng certificate of warranty sa kanila against any defects, damages or deterioration due to poor quality of work or material furnished by the developer’s contractors?

    • Rizza Estoconing Sta Ana

      Hi @elsonjohnsantos:disqus! I understand your concern naman po. Actually, ok lang naman po yung provision, although I have not seen the entire sales contract. On the other hand, you can take control of the situation by making sure that the you conduct a full inspection of the property during turnover using this punchlist: http://www.zipmatch.com/blog/inspect-new-condo-using-punch-list

      This way, you can compel the developer to make the necessary changes or secure a more sound property if yung property na binigay sa inyo is of poor quality.

  • Geotagged Public Information s

    Hi, Im interested to buy a red tagged property in BPI Buena mano through home loan sana kaso the sale advisor said that it has pending court cases. should i pursue buying the property? Thanks

    • Rizza Estoconing Sta Ana

      Hi @geotaggedpublicinformations:disqus! Thanks for sharing this concern. Red-tagged properties are tagged that way simply because they come with a list of things that poses as buying or investment risks to the buyer. As you already mentioned, may mga pending court cases pa sya, which could mean that the transfer of ownership might take years after you have fully paid for the property.

      Depends on your goal, you can purchase the property under the guidance of the bank. However, as a rule of thumb in finance when it comes to investing majority of your money in a single asset, invest in an asset that has less to minimum risk.

  • Catherine Palad Milan

    Hi ask ko lng po anu pwede ko gawin if due to financial problem i cant continue paying my monthly amortization, ofw po ako dati tpos nagfor good n ko d2 s pilipinas and ngyn palin housewife nlng ako ndi ko n kya bayaran un. Nka 7 yrs npo ako nghuhulog dun s house and lot.i cant continue npo and gusto ko icancel nlng un contract and refund un nhulog ko n posiible po b un and anu po dapt ko gawin thanks

    • Rizza Estoconing Sta Ana

      Hi @catherinepaladmilan:disqus. Pwede nman po kayong magcancel ng contract or sell the property to another buyer who is also willing to assume the mortgage. Here’s an article regarding details about securing a refund from contract cancellation: http://www.zipmatch.com/blog/facts-about-down-payment

  • Nining Lynne

    Nagpatayo ako nang bahay sa farm namin sa mga V… famillies property. Ang tanong ko ay kailangan kopa ba ang housing permit para e build ang bahay para sa pamilia ko sa Pilipinas? Gusto ko sana ako ang owner sa pinatayo ko na bahay, kaya lang hindi ko ito magawa dahil nasa ibang bansa ako. Pwedi bang magkuha ng housing permit after build ng bahay? for example this coming june? dahil ang bahay matapos sa december 2015. Anong rights ko as a financer sa bahay na walang mga documents? The only documents I have ay ang mga resibo ng transaction sa western union. Anong mga documents kunin ko para malagay ang bahay sa pangalan ko at saan ko ito kunin? sa ngayon wala pa nalagyan nang pangalan ang bahay…kung walang nag se secret sa akin., Do I need a lawyer siguro ? para ang mga documents ay real/hindi fake ? Salamat sa answer.

    • Rizza Estoconing Sta Ana

      Hi Nining Lynne. Sorry for the delay in answering your query. As we try to address each and every concern about real estate and home ownership, we always advise our readers to check all legal remedies available in their contracts, and if you want swift results, coordinate with the party you are complaining about.

      As with your question, you can have a special power of attorney written so that a family representative can apply and secure the permit on your behalf.

      Regarding po sa home ownership, I believe you can secure copies if the land kung san ipapatayo ay under your name. If you are one of the legal heirs of the land, you can do so by securing a No Objection Certificate of Legal Heir to put the house title under your name.

      This is a very tedious and complex matter po, so I would advise that you and your representative work with a lawyer.

  • jovielyn delos reyes

    Hello mam, me question po ako about a lot i bought last year and i have completed my downpayment early this year march, at the same time,i was proccessing loan to a bank to cover the 80%.. i was not able to start with the amortization as i had difficult times.. i resumed only last july up to september to the developer in-house amortization. The letter of gurantee from bank was released this oct 6 covering the 80% of contracted price around 1.7M. I have copy of my statement of account and notice that my payment from july to september goes as interest instead of deduction to principal amount. When i ask developer for the computation of my account, the 80% supposedly 1.7M has increased with additional 230k. Is there a law that protects me from these additional charges given i have already letter of guarantee and developer should not charge of their highest rate considering it only took 6 months for LOG to be available. Nakakaiyak po kasi in just 6 months 240k higher yun babayaran ko.. me consumer act or law po regarding the rate of computation once moving frm in house to financing and considering less than one year or 6 months lang yun transition.Thank you in advance.

    • Rizza Estoconing Sta Ana

      Hi @jovielyndelosreyes:disqus! Sorry to hear about this. May laban po tayo if you have a legal document you and the developer has signed stating the initially agreed total contract price po.

      Pero if the price surge is largely because of the default payments, then we would have to follow your contract’s terms and conditions re additional charges on defaulted payments. If you did have difficulty in paying for the fees, we always encourage our readers to communicate this with the developer para ma-set na rin po ang expectations pag nagkaroon po tayo ng delay in payments.

  • Nining Lynne

    Oh, I see..I understand that you are not capable to answer all the questions here. Good luck and enjoy your work as an adviser :-)

  • Andrew

    Hi,
    You state above that Foreigners can’t own land. There are two circumstances where they can to my understanding.
    A. If married with a Philippine spouse and obtain a Non quota residents Visa, probationary for one year then obtain permanent residents visa under section 13A.
    B. If not married obtain a Special Reident’s Retiree Visa.

    For others the 60% Philippine owned corporation requirement can usually be met by buying a condo from a developer.

    • Hi Andrew. I believe she mentioned those in the article:

      A foreigner, however, can co-own the said property via his or her Filipino spouse. Another way to own property is if the foreigner first owns a corporation or a partnership that is at least 60% Filipino-owned.

      For those who have SRRV, you can’t construct a house unless you are married to a Philippine citizen. But the land on which the property will be built must be owned or registered under the name of the Filipino spouse.

  • mrtoh

    him good evening, i bought a house in batangas city last October 2014 and move in by December when all the bank loans are all approved, now from October 2014 to April 2015, I paid my monthly equity payments to the developer amounting to 5k per month plus the reservation fee of 20k, and to the bank loan starting Feb 2015 to May 2015 amounting to 15K, during those months that we are staying, i got a lot of punch list, the major one is the tiles on the toilet which is leaking with water so they have to break some tiles and repair it, when they finished the leak, they want to replace the tiles with different color so i did not allow them to replaced it, complaining to thier office on site, they told me that if i want to get the same tile color i need to wait for 3 months becuase they will change the whole tiles, so i waited, from Feb to May, 4 months after, they still dont have the tiles, the eng’r im texting with, says the tiles are already in the warehouse, so when i went to the office, this eng’r is saying that he did not say they will change the whole tiles,plus the tiles are not ready, so to my dismay, i left the house and lot and returned the keys to their office, i demanded a refund but says i cannot make refunds, so i wrote to the bank informing them that i am cancelling the mortgage agreement, and also to the developer cancelling the contract to sell, as they are the one on default not me, i waited for another 2-3 months before the developer finally buy backs the property to the bank. Now, how can i make a refund? its the developers fault not mine that they did not properly did their job in my house… thanks…can i file small claims just to get a least 100k of my money… needed your advice

    • Rizza Estoconing Sta Ana

      Hi @mrtoh:disqus. Im sorry to hear about this. Have you tried forwarding your case with the HLURB? Seeing that this case is complicated, and if you have went above and beyond demanding your refund due to non-delivery, you may want a governing body to arbitrate this case.

      • mrtoh

        Hi Atty Rizza, I managed to file a small claims at Sto Tomas MTC and hearing is scheduled this coming Feb.11, 2016, I do hope the developer give me back my money… in any case I will let you know what will be the result, thank you very much for the reply….

        • Rizza Estoconing Sta Ana

          No worries @mrtoh:disqus. I’m not a lawyer actually but I appreciate the thanks. Hope it all ends well for you. Good luck!

  • Ronald Kramer

    I am married to a Filipino, already own a condo in Manila, and now we are planning to build a house. The question is simple, as we are living abroad will I be exempt from paying duties if I ship my household goods to the Philippines ?

    • Rizza Estoconing Sta Ana

      Hi @disqus_ahFzQkUQCR:disqus. I am not sure about that, but from what I understand about international shipments, the recipient would need to clear the shipment from customs and may need to pay duties in order to claim the household goods.

      I believe there are a few international couriers who can help you reduce duties costs. Try Johnny Air.

  • Rosana Turla Licuanan

    Hi, I am on almost 20% installment payment of a condo unit I. I would like to transfer my right to that condominium to my son who is on US Permanent Visa status, and who is actually the one sending money from abroad for the monthly amortization. I was told by the developer that I need to pay Capital Gain Tax even if it is just a transfer of right, or Deed of Assignment. Is that true, even if there is no sales involved?

    Thank you this very informative site.

    • Rizza Estoconing Sta Ana

      Hi Rosana please see response above.

  • Rosana Turla Licuanan

    Hi, I am almost into 20% of my installment payment for a condo unit. Now I wanted my right to be transferred to my son from overseas who is actually the one paying the amortization.The developer told me that I would have to pay the Capital GainTax, is it true even if there was no sales involved between me and my son? When I purchased the condo unit, the agent knowing that I am buying it for my son, told me that I can have the Contract to Sell under my name because it would be easy to name it to my son later.

    Thank you for this informative site.

    • Rizza Estoconing Sta Ana

      Interesting question Rosana Turla Licuanan. I am not sure about this since one, the property is technically not yet “purchased” by definition of full payment, and second, this could just be a change in the contract.

      If I am not mistaken, you only pay for capital gains tax if you are selling your property to another buyer. As per legal definition, the reason why you pay for this tax is because you are selling the property to another buyer, and as you expect capital gains from the sale, you would have to pay tax.

      Ask your developer or broker about the Assignment clause in your contract to sell. If there’s none, you can coordinate with your lawyer about processing real estate transfer by donation: http://www.zipmatch.com/blog/real-estate-transfer-via-donation

  • Ginaron

    hi Ms. Rizza,

    Ask ko lang ang father ko po ay bumili ng condo unit 3 yrs ago unfortunately hindi sya naaproved sa Bank Loan and the developer sent a letter n my accrued penalties na sya gusto na sana ng father ko magbackout nalang my makukuha po ba syang refund?

    • Rizza Estoconing Sta Ana

      Hi @ginaron:disqus! Pwede naman po sya magbackout and cancel the contract. As for the refund, as long as he has made at least two years’ worth of downpayment, he is entitled to get 50% of the total payments made. Your developer, however, may deduct the accrued penalties from the refund.

      • Jhellanmae LigTas

        hi miss Rizza, ask ko lang po kung anong rights ko,, i bought a house and lot in a subdivision through in housefinancing, i have 3 years contract to fully paid it.. i pay 30k /month, 2 years ko n po xang nbbyran but i’m struggling right now to pay my 1 year left kasi wla n po akong job.. hopeu can give me advice about this.

  • Mabel

    Hi! I just want to ask something about our condo. We are paying it for about 4 yrs now but we are trying to give it up to give way for us to buy a house. I am aware that the developer should refund us the 50% of total payment made. However, should they collect any commission to be deducted to the 50% that we should be receiving? Pls help. Thanks!

    • Rizza Estoconing Sta Ana

      Hi Mabel,

      As per Maceda law, you are entitled to get the cash surrender value of the payments on the property equivalent to fifty percent of the total payments made.

      The law does not say nor mention about refunding the commissions made by the broker/agent who facilitated the transaction. Unless mentioned in your contract, the commissions shouldn’t be factored in the refund since they are based from a totally different computation.

  • monching69

    We had our bank loan approved based on the value stated in the CTC. During the process we found out that there was a discrepancy between the total floor area stated in the CTC vs the CCT. Turned out that the actual size of the unit was lesser than what was indicated in the CTC and we are entitled for refund. We filed a request for the said refund more than a year ago. They have not released the money yet nor provided any expected target date. Is there any legal steps for us to make the refund process move forward?

    • Rizza Estoconing Sta Ana

      Hi @MOnching6969:disqus! The next best step here is to have a lawyer write an enforcement letter to be addressed to the developer. If you need it ASAP, you can always go to HLURB and set up an adjudication hearing to hasten up the process.

  • Kal

    Hi,

    Question, pwede pa bang magrefund yung binayad kong 6months na equity? Sabi kasi nung agent hindi na daw pwede I refund nung sinabi ko na gusto ko na I cancel yung application ko for house loan. Pinagpapasa kasi nila ko ulit ng requirements. Kasi daw binalik daw ng pagibig yung una kong nasign na circular kasi binago na daw yung form. Nung February pa ko nagsign ng application ko sa home loan and yung developer na daw ang magaasikaso sa Pag ibig. Then ngaun sabi nila need ko daw magpass ulit ng requirements kasi naglapse na daw yung dati ko na pass sa kanila. Problem ko is nagresign na ko ngaun sa work ko so di ko na macomplete yung requirements like payslip. Kaya nagrequest ako ng cancellation na lang ng home loan. Talaga bang hindi na nila pwedeng ibalik yung binayad ko? Thanks.

    • Rizza Estoconing Sta Ana

      Hi Kal,

      Medyo tricky din to since nagresign ka. If you were still in your former job, the developer would want an assurance na you have the capacity to pay for your home loan.

      Since this is a voluntary cancellation, susunod na tayo sa terms and conditions of your original contract with the developer.

      Here’s an article about refunds on DP: http://www.zipmatch.com/blog/facts-about-down-payment

  • Dan Picasso

    Hello, I am planning to migrate to Canada. I currently have a bank loan (condo), will it (my loan) affect my migration to Canada?
    Thank you very much.

    • Rizza Estoconing Sta Ana

      Hi @danpicasso:disqus! Sorry for the late response. I’m not sure how Canadian immigration processes migrant entries. But on the bank side, they may want some sort of guarantee that you will continue paying for your bank loan before you leave. It will be either you having a guarantor on a legal document, or pay the loan in full before your date of migration.

  • Anthony

    Hello. Hope you guys are doing great. This is my first time posting and I think I just need help clarifying something. I paid a dp in full for an RFO house and lot including other charges. The reason I did that is so my family can move in emright away however, it took the developer several months to let me know that it would take another 90 days before we can move in because the house was previously owned. I decided to back out and look for another. I got an email from the customer service team that it is not covered by the maceda law. Am I still going to get atleast the dp? Nothing was turned over to me. Inwas inconvenienxed and I think it is not fair that it will be forfeited when nothing was handed over to me. Hope someone can help me understand how I can go about this. Thanks!

    • Rizza Estoconing Sta Ana

      Hi Anthoni Pernoli Regis! Sorry for the late response. I am seeing two things here. One is, yung developer (or maybe yung broker or agent mo) misrepresented the “move-in” provision, so in essence, they did not fulfill their end of the agreement. If this has been stipulated sa contract mo, then go ahead and demand a refund.

      Here’s an article my colleague wrote about getting a refund on your DP as per Maceda Law: http://www.zipmatch.com/blog/facts-about-down-payment.

      Hope this helps!

  • ryan

    Hi it’s my first time in this site my question is that can i buy a land property that never been paid for 10 years

    • Hi @disqus_Y5R6Jjt2HM:disqus! When you said that the land property has never been paid for 10 years, did you mean the real property tax?

      Buying a property is a big undertaking, it is advisable that when you do purchase one, it should be cleared of any encumbrance such as unpaid taxes, liens, mortgages, and the like.

      Hope this helps!

  • Anthoni Pernoli Regis

    Hi Ms.Rizza,

    I bought a house in lapu-lapu cebu through a developer. Yung loan ko sa pagibig which is 2.1M narelease na po sa kanila last August 2015, pero yung last month for payment of the equity is this coming December 2015. Anu ba ang mangyayari if I still have 400k remaining unpaid sa equity amount sa kanila? pwede ba kaya mastructured yung payment ng equity to another 1year(plus penalty fee) . Tuloy naman po binabayad ko sa pagibig sa monthly amortization kaso lang yung equity ng bahay na kulang ko pang bayaran (masyado pa kasing mabigat at malaki) which is kaya ko lang 17k (sa pagibig) at 30k sa monthly para sa equity

    • Rizza Estoconing Sta Ana

      Hi @anthonipernoliregis:disqus. Nakipagcoordinate na po ba kayo sa developer regarding this matter or kahit sa agent nyo po? I’m not sure po kung may option silang irestructure yung equity payments nyo since technically downpayment pa lang po sya. Nonetheless, mas maigi rin po na itanong nyo muna sila baka pwede nila iaccommodate yan for you.

  • Rizza Estoconing Sta Ana

    Hi Reena Vi Lepiten! Thank you for sharing! Wala namang batas, but it would really depend din sa developer kase kailangan muna din nila ng arrangement with the bank whether they accept bank financing to purchase your home.

    Im not saying that you will in the future, but may possibility rin kase na gusto ng developer ireduce yung risk of losing the property if ever na magdefault payment.

  • Carlyle Wilbur Ong

    Hi Miss Rizza, would greatly appreciate your insight on this. :)

    Basically, here are the facts…
    a. I live in a condo unit which has no pending dues and is awaiting transfer of ownership pending full payment of miscellaneous charges (documentary stamp, transfer tax, registration fees, etc.).
    b. Last October 2014, I paid all these misc dues to the developer which was properly received via an acknowledgment receipt.
    c. On October 2015 (a year later), the developer informed me that there is an additional adjustment to the misc fee amount per BIR RDO No. 41 for Mandaluyong effective 05 December 2014.
    d. I explained to the developer that I should not be subject to this adjustment as my payment (fulfilment of my obligation) was already made prior to the effectivity of the BIR RDO.
    e. Unfortunately, the developer is arguing that they cannot waive this adjustment as it is mandated by the government (missing my above point).

    Given all these, having already paid all dues and supposed fees prior to the effectivity date of BIR RDO No. 41, is it right albeit legal for the developer to charge me for the additional adjustment and hold the transfer of ownership of my unit considering it’s their negligence of not processing my transfer in a timely manner?

    Hope to hear from you, Happy New Year! :)

  • Carlyle Wilbur Ong

    Hi Miss Rizza, would greatly appreciate your insight on this. :)

    Basically, here are the facts…
    a. I live in a condo unit which has no pending dues and is awaiting transfer of ownership pending full payment of miscellaneous charges (documentary stamp, transfer tax, registration fees, etc.).
    b. Last October 2014, I paid all these misc dues to the developer which was properly received via an acknowledgment receipt.
    c. On October 2015 (a year later), the developer informed me that there is an additional adjustment to the misc fee amount per BIR RDO No. 41 for Mandaluyong effective 05 December 2014.
    d. I explained to the developer that I should not be subject to this adjustment as my payment (fulfilment of my obligation) was already made prior to the effectivity of the BIR RDO.
    e. Unfortunately, the developer is arguing that they cannot waive this adjustment as it is mandated by the government (missing my above point).

    Given all these, having already paid all dues and supposed fees prior to the effectivity date of BIR RDO No. 41, is it right albeit legal for the developer to charge me for the additional adjustment and hold the transfer of ownership of my unit considering it’s their negligence of not processing my transfer in a timely manner?

    Hope to hear from you, Happy New Year! :)

    • Rizza Estoconing Sta Ana

      Hi @carlylewilburong:disqus! Thanks for your support! If we account for the facts as listed here, this shouldn’t be the case given that the developer has acknowledged receipt of the payment and that the adjustment shouldn’t be counted for.

      On the other hand, it is possible that the ordinance may cover fees made before the ordinance date. I don’t have a copy of the ordinance, but you can ask a lawyer for legal assistance in interpreting the ordinance and whether the miscellaneous fees are affected with the said regulation.

      • Carlyle Wilbur Ong

        Hi Miss Rizza, thank you for your response. I plan to get proper legal counsel on this as well as raise it with HLURB. Thanks again! :)

  • Carlyle Wilbur Ong

    Hi Miss Rizza, would greatly appreciate your insight on this. :)

    Basically, here are the facts…

    a. I live in a condo unit which has no pending dues and is awaiting transfer of ownership pending full payment of miscellaneous charges (documentary stamp, transfer tax, registration fees, etc.).

    b. Last October 2014, I paid all these misc dues to the developer which was properly received via an acknowledgment receipt.

    c. On October 2015 (a year later), the developer informed me that there is an additional adjustment to the misc fee amount per BIR RDO No. 41 for Mandaluyong effective 05 December 2014.

    d. I explained to the developer that I should not be subject to this adjustment as my payment (fulfilment of my obligation) was already made prior to the effectivity of the BIR RDO.

    e. Unfortunately, the developer is arguing that they cannot waive this adjustment as it is mandated by the government (missing my above point).

    Given all these, having already paid all dues and supposed fees prior to the effectivity date of BIR RDO No. 41, is it right albeit legal for the developer to charge me for the additional adjustment and hold the transfer of ownership of my unit considering it’s their negligence of not processing my transfer in a timely manner?

    Hope to hear from you, Happy New Year! :)

  • Francis John Chua

    Hi Rizza! I’d like to ask for tip / help regarding my situation. I bought a unit from Megaworld. The unit is not for turnover until 2019. In the course, I had issued them PDCs as required and the checking account is fully funded.

    The last few months, they have been sending me demand letters because of non-payment, and they had already mentioned that they will default my unit. When I checked my bank transactions, there were no check deposits from their end. Long story short, process lapse is from their end.

    I want to know if I can actually rescind my investment with them on the basis of unhappy service. This actually happened twice already in the course of 24 months. And this is not mere process lapse but really bordering on being unprofessional.

  • Rizza Estoconing Sta Ana

    Hi @disqus_8r1az27B9C:disqus! If you’re asking for my personal opinion, I would rather purchase a property that has less legal issues than the one you have been currently offered. Even if the purchase price is low, you might technically assume the responsibility of shouldering the costs of fixing the documentation. Seeing that there are at least a couple of legal problems, you would definitely shoulder the expenses as well.

    On the other hand, if you’re willing to shoulder these responsibilities, make sure that the terms in the sales contract you will be signing is clear to you.

  • Jaenzlyn Martinez

    Hi Ms. Rizza
    We are first time home buyer. At dahil po 1st time namin bumili ng bahay. Pinili po namin yung mapapagkakatiwalan naming developer. So ito na po nangyare, bago pa po nila matapos na itayo yung bahay naghuhulog na po kami ng amortization sa bank. So ang usapan po namin 6-8 months na pag gawa ng bahay ay hindi po nasunod. Ang sa bilang ko po dapat january 2016 kami makaka move in., pero naging July 2014 po ito. So ito na po mula nung pagkalipat marami po problem sa bahay, repair kase marami po itong sira like leaking waterline, cracks na napakarami sa loob at sa labas ng firewall, mga kapak na walls at ang pinaka mahirap po eh nung 6 mons na kaming nakatira dito at nag backflow po yung sa septic tank namin sa floor ng bathroom., hindi magamit yung cr, sink dahil napuno po pala yung septic, ginawan naman nila ng paraan to. Until po nitong last week meron pong lumalabas na kabahong amoy sa floor drain ng cr. So pinacheck ko sa plumber nalaman ko na wla pang nilagay na P-trap sa drain at walang ventillation. So itinawag ko ito sa opisina nila, ang problema po ayaw na nilang gawin kase 1 year mula pag move in lang daw ang warranty nga bahay sa repair. Repair po sa mga sira eh ito po wala silang nilagay. San ko po ba pwedeng ireklamo ang developer sa palpak nilang trabaho s pag tayo ng bahay? Pwede ba silang idemanda? Hindi nman po kase mura ang bahay na bibenta nila at lalo pong hindi po kami namumulot lang ng pera pinaghihirapan po ng asawa ko yung binabayad dun. Sana po mapansin nyo ito. Thank you. :(

  • Lovit

    Hi I hope you can help me with this.
    I have purchased a property here in Sto. TOmas Bat. last Oct 2012. Im done paying the equity and submitted the necessary requirements but until now there was no progress on my housing loan so I decided to cancel it. Loan cancellation was approved but they have deducted the “selling expense” on the total amount refunded. Tama ba na magdeduct sila ng selling expense kung hndi naman na release sa akin ang bahay?
    thank you in advance

  • Mae

    Hi Ms. Rizza…please help me and give me advice for my problem,which is really a burden for this days.
    Nakapag avail po kami ng asawa ko ng isang townhouse unit thru financing sa pag ibig, last 2012 po nakapagdown po kmi ng 100k+ and by 0ctober 2013 nakalipat na po kami sa house, nkapagbayad nmn po ako monthly til july 2015…hndi po kasi nakabalik agad yung husband ko abroad kaya from august 2015 po til january 2016 hndi pa po ako nakapagbayad sa pag ibig…end of january po pumunta po ako ng pag ibig at pinasa na po nila ako sa collecting agent nila kasi 6 months delayed na nga po ako sa payment. Sinabi ko po kung pwede magbayad po muna ako ng 20k kasi po wla pa po kaming allotement. Galit po yung collecting agent at ayaw po nilang tanggapin ang 20k na ibabayad ko kasi gusto po nila bayaran ko po lahat ang 6months na delayed payment ko…ang kinakatakot ko po kasi iforeclosed na daw po yung bahay namin…anu po bang pwede kung gawin Maam? Hindi ko pa po kasi kayang bayaran ngaun ung 6 months which is 107k+ po….
    Thank you so much po…more powers

  • Rosalie De Vera

    Hi, what if developer is not following the turnover date that they said before you sign the contract?

  • Lee

    Hi Ms Rizza! I would like to ask your advice regarding my situation. I bought a house & lot in Cavite from Charles Builders and started paying since 2010. Intially nag-issue po kami ng PDC’s kaso noong magsara yung bangko na ginamit namin, naging in-house na po ung arrangement. Di ko po naasikaso agad at di ko na na-transfer sa PAG-IBIG kase kulang ako sa oras tuwing umuuwi ako sa Pinas. Nakaproblema ako dun sa monthly amortization ko kaya madalas me penalty na ako dahil late na ako nakakapagbayad. Last year nag-decide na akong i-stop yung payments kase hindi na kaya ng budget. Kung magpa-file po ako ng claim (Maceda Law), around five years na rin kase ang nabayaran, gusto ko lang po sanang malaman kung kasali pa din ba ang mga penalties na binayaran sa computation ng claim. And gaano po usually katagal ang process ng claim from the date na natanggap yung request ko?

    Thanks and more power

  • jj

    Hello
    I am planning to buy a lot worth 1.5m. So far, the seller has paid 500k including the DP and monthly amortization. The agreement is we will pay the whole 500K and then will assume the remaining balance of 1M.
    Question.
    1. We agreed to pay on the capital gain tax, will it be paid upfront upon signing the Deed of Sale and transfer? Or it can wait till the lot is fully paid?

  • Mon Paga

    HI! I have a house and lot unit loaned to Pag-ibig (2005). I was a good payer for years. I had a couple of late payments but still would be able to “habol” as we say it. Then Ondoy happened, we were discouraged to continue the loan, but decided not to. So we fixed our 3 months flood drenched house, then continued paying but we were already 5 months delayed with the mortgage. Then the Habagat (2012) happened, which flooded our area again for almost 4 months. We fixed the house again after the water subsided but we already moved in with my mom and stayed with her for 3 years now. We still paid for the mortgage before we received the final demand letter from Pag-ibig informing us that we are still 5 month behind. Last year we were sent an Invitation to Purchase letter that was received by another person whom we entrusted our house to at that time. And the said letter was not given to us right away. The construction in a house beside my house refrained us to move back, as I have to 2 children that are too sensitive to allergens. As we are planning to go back this year, a person claiming that she was able to purchase our home, she showed us her Deed of Conditional Sale and we were told that she wants to ransack the locks of our house because she already has an Authority to Move-in. We still have things in the house because my husband and I still go there to check on the property and to visit friends in the neioghboorhood. I just want to ask, isn’t it we should have been informed that our house was already foreclosed? And that we will be evicted from our house? Which none of these notices/letters were sent nor I received. And can we still have a chance to recover since we are the first owner? We don’t even receive any letter to vacate the property..Thank you in advance!

  • janice

    Hello po. I hope you can help me. I bought a lot and was issued a deed of sale. I only found out later that the seller don’t have tbe certificate of title, the seller only have the deed of sale also from the original owner who is now dead. Can i transfer the property to my name? Can i sell the property? What should I do? I hope you can guide and help me over these legal matters po.

  • ed

    Hi Ms. Rizza, is the provision of RA 6552 section 4 applies to buyers who paid only the reservation fee (not even reaching the first monthly amortization)? Per section 4, in case where less than two years of installments were paid, the seller shall give the buyer a grace period of not less than sixty days from the date the installment became due.

  • Blue Rider

    When should a potential buyer REFUSE to sign a Contract to Sell?

  • firebar10

    Hi, I have an existing house and lot mortagage and I want to sell it. Is it possible for me to sell the property to the amount that I paid and let the buyer assume the mortagage?

  • zeny

    Hi Ms. Rizza, i got a condo with 20% DP, currently living in it for the past 5 months. However, due to financial problems, i can no longer pay for the monthly amortization. Can i still refund the DP if i decided to return the unit to the developer?

  • vergel

    Hi Ms. Rizza, sana po mtulungan nyo ko.. my problema po kmi now sa lupa, yung lupa po e merong deed of donation pero nakapangalan po sa tatay ng kapitbahay namin,yung tatay nya naging pangalawang asawa nya yung tiyahin ng tatay ko.. ngayon po binabawi na po samin yung lupa ng kalapitbahay po nmin which is anak nung nkapangalan sa deed of donation,e 27 years na po kming nkatira dun sa lupang iyon. may rights po ba kmi dun sa lupa?or basta nalang ba kmi papaalisin nung kapitbahay namin? patay na po kasi yung tatay nya.. so ibigsabihin daw sakanya na yung lupa..sana po mtulungan nyo po kmi regarding this.. thank you ..

    • zipmatch

      Hi, Vergel. We understand where you’re coming from. But when you put this in court, the decision will always be in favor of the person in the deed of donation. If that person is deceased, it may be transferred to his immediate family member. However, we suggest you to seek help from a lawyer first.

    • Gerlie ann jose

      Hi po. Me problem po kmi bout sa binentang property. Namatay po ung nka name sa title. Then ung mga heirs po naitransfer po sa name ng wife at 2 ampon. Kaka transfer lng po ng binentang property ng oct 2016 pero installment po ang bayad. By march supposedly bayad na po dapat ayon sa kontrata. Pero march 2017 wala po bayad ang kumpanya at kulang ang pondo. Pero naibenta na din po pla nila agad ng nov ung property twice ng price ng pgkakabili. After 2 months naibigay na din po nila ung balanse which is may 2017. Humihingi po kmi ng danyos na 1% sa delay pero ayaw po kami bayaran samantalang nung march at april sinasabi na po nmin na hihingi kmi ng danyos dahil sa delay. Kami pa daw ang idedemanda pag manggulo kmi. Db po bawal pa ibenta agad ung property na galing sa estate?

  • Jo Sallynne Garais

    Hi Ms. rizza, in case of re sell of unit and it is already under bank financing (assumed balance). Can we add in the sales contract regarding the protection of the buyer in case of death of the owner?

  • Lyn m

    Hello ma’am my name is Lyn and I have a morgate under in house financing for a studio unit midrise bldg, currently 1 year old. My checks are funded up to this month but 7 months na Di nadeduct ung payments from my account. I’m thinking not continuing the mortgage anymore and just have it deliquent and move out. I have not paid the association dues as well. Will I be accountable for any thing or have any legal charges against me if I close my checking account or stop funding the checks. Thank you

  • Edgardo Canlas Jr.

    Hi po,
    bumili po ako ng lupa terms for 5yrs, in 4yrs po of payment, yung developer decided to transfer our lot purchase to other location pero di ako punayag thats why i ask for a refund.i seek for assitance on hlurb here in davao region 11, sabi ng developer magrerefund sila but less 7%commission noong agent nila and 3%tax po for issuance of Official receipt nila sa amin.Para po kasing unfair on our part. the worst po sabi ng hlurb tama & fair po daw yung offer ng refund ng developer.
    Any advice will be highly appreciated. Thank you in advance!

    Thank you

    Edgardo Canlad Jr.

  • george marquez

    Hi Mam, I have a question po..here is the situation. my mom was married year 1976 to his first husband pero after my sister born they left the province and stayed here in manila then year 1990 she married again to my father and had two children (me and my brother)..my father died 2 years ago. then the house and lot where my parents live is under the name of my father’s sibling and parents..included my father’s name..after my father’s death anniversary, they went to our house to tell us that they have plan to sell the lot where we are residing.. my mom said its okay to sell the place as long they will give my mom a new house under in our names but they said wala na daw silang maibibigay kundi yung shares lang ng lupa na maibebenta..now they want my mom evacuate without giving her a place to transfer..my mom dont want to leave the place since we lived there since 1997 and that’s the only lot have left and what we have (since wala silang maibigay na malilipatan ng mom ko).
    when my father got sick and since my he dont have job we ask for financial assistance to my lola for his medical expenses..we have job but it cannot sustain the medical needs of my father..my titos gave us but we didnt know that they listed that as debts and even when i was in college i ask for financial for my schooling, they gave me and forced me to do promissory note to pay them when i get a job..i didnt pay them because we never asked for money always unlike them, they all have what they want..sarililng bahay, kotse and everything unlike us..in short kinawawa ang father ko and sinamantala po nila yun dahil they knew na we, even my father dont interfere sa mga negosyo ng lolo’t lola ko..lahat ng nasabi ko regarding sa money, they included sa list of my mother’s debts and they want us to pay na bilang heirs of my father eh yun po ang pambabayad namin, yung lupa na tinitirhan po ng mom ko.

    The questions are:

    1. Mawawalan po ba ng karapatan ang mom ko since she’s not legally annulled sa first marriage nya even it was more than 10 years ago na and she doesnt have any news to that guy anymore?

    2. dapat po ba nilang isingil through that piece of lot lahat ng sinasabi nilang utang namin which is kapatid naman po nila yun and we know for sure may mga iba pa po silang lupain pero we really dont know about that..

    3. pwede po ba namin sabihin sa kanila na they could sell the lot but not the piece of our shares.

    4. pwede po nilang pwersahan paalisin ang mom ko?

    thanks po sa inyong reply..

  • Mark Oliver Lim

    Hello Ms. Rizza,

    Love your forum. Just want to ask if it is possible to combine two studio units with a different names. Like me and my friend. We are not blood related but we both agree to make a door in between. Would that be possible?

    What are the supporting documents needed for that?

    Thank you

  • malou

    Hi Mam Rizza,
    Gudpm po. Ask ko lng mam kung marerefund ko pa ba full downpayment sa condo?Last May 26, 2017 lang po kami nagbayad ng kapatid ko sa amaia kasama pati yung 25k reservation fee with a total of almost 175,000 pesos. Nakapagpasa na din po kami ng other required documents.Nagkaproblema lang sa company ng kapatid ko na ofw kaya po nakapagdecide kami na itigil na yung pagkuha ng condo kasi hindi din namin kayang hulugan bwan-bwan ang monthly amortization. Mababawi pa kaya namin yung pera kahit downpayment na lng.Sana mam mabasa nyo po msg ko kc ngaalala ako sa kapatid ko na ofw.ipon nya yun sa pagttrabaho sa abroad.need nya magapply ngayon ng work pero wala na po sya panggastos na pera. Sana po matulungan nyo ako.maraming salamat po

  • shockwave

    Hi Ms. Rizza

    Thanks nakita ko ang blog mo… may inquiry po ako tungkol sa condo unit na hinuhulugan ko. After ng fully paid ng deposit advise ng developer na ibank loan at nagbigay sila ng bank kung san pedeng mang loan. In short, na approve yung loan at almost 5 years na kong nagbabayad sa bank plus 18 months na deposit sa developer. Nagkaron ako ng financial issue at nag failure to pay sa bank, kinausap ko yung bank kugn pedeng resettle pero sabi sakin kung di ko mabayaran yung months na di nabayaran sa due date nabinigay nila, antayin yung sulat ng developer dahil pinadala nila yung account ko.
    Pumunta ako sa developer at kinausap sila upang malaman ko kung ano ang other option o resettlement ang gagawin. Ngunit ang sabi ng customer service antayin yung sulat nila. In short na cancell ang account, at nag ask ako for refund. Since bank loan daw forfeited na at wala akong marerefund.

    Binasa ko ang PD 957 at Maceda Law, wala akong nakitang provision o section na pdeng silang mag forfeit kung naka bank loan and isang housing o condominuim.

    Please advice.
    Thank you,
    Ana

    • Anne LM

      Di ko maintindihan bakit nakialam pa developer, di na sa kanila property sa bank na. Fully paid na kasi developer. And dahil di na ito installment sa developer, di ka na covered ng Maceda Law. Kung nk in-house financing ang loan, covered po ito ng Maceda Law. Ang Maceda Law na dapat ma repeal dahil hindi buyer friendly. Dapat may provision din na kapag ang developer naman ang nk miss sa turn over date, dapat may certain % na mababawas sa TCP per day of delay. Mas maigi kung, RFO bago magbenta kasi umaabot ng 5 to 10yrs bago simulan ang construction. Nasasayang pera ng buyer kasi nag babayad ang buyer ng ilang taon ng wala man lang syang pakinabang. Then, kapag na default, biglang cancel purchase ire-release ng developer, eh di mo pa nga nkikita man lang unit mo. Dapat lahat tayo sumulat sa mga senador to push them to write a buyer friendly law on buying installment real estate. Thanks.

  • edwin

    Good Day! Ms. Rizza.

    i have a concern, we owned a property and we made a loan from a bank to have a duplex residential house constructed, using the lot as a collateral.

    now since the house is duplex can we sell the other half and use the other half for rental.

    my concern is that can we sell the other half, and what are the possible concerns regarding this.

    thank you

  • Ron Ron™

    Hi, hope you could answer my query, OFW po ako at nagapply po ako sa isang realstate, nakapagbayad na po ako ng resevation fee of 20k, nakapgdown napo ako 50% of amortization value and 5 months of installment from the remaining amortization. Icancel or widraw ko na po sana dahil sa sitwasyon sa work place ko at di ko magampanan paghuhulog. Di pa po nauumpisahan ang bahay and uumpishan lang nila once matapos na ang amortization. Ilang percentage po ba ng total na naibayad ko na da kanila ang maibabalik ng developer sakin. Salamat po ng marami in advance.

  • Myra Antonio

    Hi Mam Rizza I have a condo that I’m paying less than two years now, but due to unforeseen events, I can’t continue anymore. I opted to cancel the contract. Now can I demand a refund and what is my right against the firm. They are giving me options like downgrade. What should I do to have even a portion of my money back

  • Leng Galvez

    hello po maám Rizza,
    Good day po,sana masagot nyo katanungan ko..
    Nakabili po kami ng ate ko ng tigisang unit ng condormitel na tinatawag more than 10yrs ago,cash po namin binayaran at pre selling un at pangako after 2yrs nakatayo na un,pero after 3yrs wala pa un nabayaran namin na bldg,gusto po sana namin magpull out kaso advice samin request na lang dw o kami na magpalipat sa gawang bldg na,at ginawa naman po namin,na-approved sa madaling sabi,.saka pa lang nila sinabi na magdagdag dw kami ng tig 75k,wc is hndi po kmaipumayag kasi fully paid na po kami at wala naman sila sinabi na ganun b4 kami pinasulat na magpalipat..hawak lang po namin mga resibo at Deed of Sale..may pag-asa pa po kaya kami na makakuha dun kasi nun pumunta kami dun para magpull out halos ayaw kami harapin,keesyo busy daw ang finance manager..thank you po sana matulungan po ninyo kami..may mga email ad po kami sa kanila pero wala po sila update samin kung ano na lagay namin dun..may habol pa po ba kami dun?

  • Alona Ednacot

    Hi ms rizza, Just want to ask how to transfer title of property with a quit claim deed? what are the requirements
    needed, or we need from grantor and grantee. thank you :)

  • Aimee Aguilar

    Hi mam Rizza,

    I urgently need advice,

    May property is a condo unit worth almost 2m, i paid 30% equity in full and then pinasok sa bank financing in 15 years, nkabayad na ako ng almost 3 years pero sa mga hindi inaasahang pangyayare ay hndi ako nakabayad sa bank ng 4 na buwan, ngayon nakatanggap ako ng letter from court na for clousure na daw yung property mam sobrang bigat sa loob mawala yung pinaghirapan na pera ng ganon kabilis, Question ko po is wala na po bang way na mabayaran namin yung 4 months delay namin sa bank including penalties? Dahil sabi ng bank need na daw bayaran ng buo yung amount financed na nsa 1.5m na including penalties. Ano po bang legal action ang pwede kong gawini dito mam rizza?

    Maraming slamat po

    Aimee

  • Engie

    Hello Rizza,

    Your blog is very interesting to first time condo buyer like me. I have a big issue right now with the building management.
    I have to renovate our unit and get it fixed since we bought it bare. So the building management required us to pay the construction bond of 50k. Part of that which is 12k will be given to them as a processing fee. Also on the paper they gave me for the construction guidelines, it was written that after the renovation the remaining amount will be refunded after the inspection to make sure we didn’t damaged any pipes or electricity line. Now we are done with the construction and they are asking us to wait 2 to 3 months before we could get the bond. I think its not right to hold any money thereafter based on the guidelines they provided. Also do we have the right to demand to take the money? Thanks

  • Nap Eric Estrada

    Hi! I have a question regarding sa developer ko.. kumuha ako ng housingloan sa batangas. So fullypaid na ko sa dp ko.. gusto ko sana magpatransfer sa ibang project like sa cavite sabi ng agent ko hindi na raw pwde..wala pa naman kami pinipirmahan na agreement at wala pa naman aprove sa pagibig… paano po gagawin ko. Pwde ko ba irefund yun thank u

  • Benjie

    Good day po.
    May nakuha ako unit sa camella antipolo
    2013 pa po un, until now 2017 na di ko pa natitirahan kc may mga defecto ang pagkagawa nila kaya gusto ko ayusin muna nila.
    Pabalik balik lng po ako dun sa antipolo pero puro lng po sila pangako, di nmn ginagawa ung bahay.
    Di ko po alam kung saan, kanino ako magrereklamo kc ang sabi sa opis lng nila ako magreklamo pero 3 years na po ako pabalik balik lng sa kanila, until now ganun pa rin ung unit. Puro lng sila pangako, dapat after 1 year makakamove-in na kmi kc un po ang agreement nmin na magdown ako ng 20%, kaso hanggang ngaun pinapaikot lng po kmi. Nagfile po ako ng withdrawal di nmn po nila tinanggap. Sa ngaun nakausap ko na nmn ung engr nila, ang sabi gagawin na raw uli. But I doubt na niloloko lng nila kmi.
    Sana matulungan nyo po ako. Ung unit po na nakuha namin ay sa montego antipolo, sa may san isidro.

  • Mel

    Hi, tanong ko lang po normal ba n mag bayad ng 1k sa subdivision para sa delivery entrace fee? Para mag parepair ng bahay.

  • ainsley ysabelle tejereso

    Hi, Ms. Rizza..

    We purchased a lot 2yrs ago, finished our dp, and our 1st year of ammortization without interest. My husband and I decided to have our lot financed through a bank since in-house financing is a burden to us because of high interest rates. So we processed our papers, and there goes the developer informing us that they already received a letter of guarantee from the bank. Unfortunately, we failed to pay 2months of amortization. Now the developer called us to process some requirements for us to sign the deed of absolute sale. My question is: are we obliged to pay the missed 2months of ammortization prior to signing the DOAS? Or is it already covered by our loan from the bank?

    Hoping for a reply from you soon. Thank you and Godbless..

  • Sofiah Francine Belen

    Hi. What will be the remedial measure if one of the heirs objected to the sale of inherited house and lot of their parents ? The property was not extra judicially settled and a serious buyer appears. There are 7 heirs and 1 of them objected to the sale of property left by their parents. What would be the solution if one objected and six voluntary agreed to sold out it to third person? Thank you.

    • zipmatch

      Hi Sofiah, you might consider Judicial Partition: 6 heirs will be plaintiffs, objecting heir will be the defendant.

  • tom tom

    Hi ..may lot po ako at gusto Kong ipalit yun as dp sa housing lot as equity ..possible?

  • Dennis Sangalang

    Hi came across this article on line. Would like to learn more about my case. I finished paying for my 22-month down payment for a h&l but developer is unable to finish project at the end of my equity (20%). Developer requires me to pay for the next 8 months while the property is being constructed. I have completed and submitted all the requirements for hdmf loan but snce the property is not yet done my application is put on hold. I have not paid for the 8 monthly payments yet. Pls enlghten.

  • Crizzy Colasito Delcarmen

    Hi ms rizza,

    We’re homeowners of the existing subdivision in bulacan, and we have pending cases vs the site developer, the only redemy which they can offer is to refund the full amount that we have paid and vacate the property. Is it possible to cancel the loan under our name to financing inst. and accept the refunded amount? Or this will subject to pacto de retro sale? Thank you so much?

  • Ramyl Vergara

    does townhouse units also have the same IRR as the condominium act? thanks

    • zipmatch

      Hi Ramyl, townhouse units do not have the same implementing rules and regulations as the Condominium Act. It is best to refer to the Civil Code of the Philippines and Commonwealth Act 3135.

  • Dell Gutierrez

    Hi. This is very informative.
    I would like to ask this question.

    I already paid 5 months of my monthly amortization, however due to financial instability I can no longer pay the two year amortization and decided to cancel it. The developer, can return only 30-35% of my payment because they have to deduct sales and admin cost daw. Is this valid? What action can I take po ba?
    Hope you can help me.

    Thank you.

  • Juneta R. Villato

    Hi mam. Can a reservation can be refunded kung ecacancel ng buyer yung pag avail due to some trust issues..

  • Krystle Ryan-Buenafe

    Hello, Ms. Rizz! :) I love your blog, and I’ve learned a lot. I have a question about a developer who has multiple subdivisions. I put down a reservation on one of the the properties, and found a better one in their other subdivision. Can I get the reservation fee transferred since it’s under the same developer? Or have I lost the money I’ve paid?

  • Mary Rose Andres

    Hi Ms. Rizza,
    I just want to ask for your help po, may kinuha po kasi kaming house and lot sa Pampanga (Fiesta Communities), ngayon po nakatanggap po kami ng notice of rescission or cancellation galing sa Attorney po ng Fiesta communities due to failure to pay the installment dues. ano po dapat gawin, we are planning to give 2 months payment po together with the interest kung ilan buwan po yung hindi namin nabayaran, pwede po ba kami gumawa ng promissory note?
    Awaiting for your response

  • Mary Ann Zabanal

    Hi mam, hope you can help us on this. Is there anything we can do against construction defects in our unit. After a year, wala pa din ginagawa ang developer, pati ung engineer at property manager. Pwede ba namin sila kasuhan, including yung mga personnel na nini-neglect ung responsibilities nila sa unit namin?

  • Terence Gardiner

    Can anyone advise me, my wife purchased a plot of land in Batangas, and went back to work abroad after she returned 6 months later she discovered the land developers/subcontractor cut away the entire easement that was needed to support her rear boundary wall, ( which was not built at the time) not only did the land developer remove the entire easement they cut 4 inches into our own boundary line and also accidentally removed 2 + square meters of her land, when the easement was removed, as my wife paid for 385 square meters, her own land was reduced to less than 382 square meters , and no easement to support the boundary wall that was due to be built, if the land developer was aware at the time of purchase that the easement had been approved by them to be removed, was she miss sold/deceived at time pot purchase.
    Can she claim against this…what laws were broken when she purchased the land and the land developer failed to notify her that the easement would be removed.

  • Hiten_Mitsurugi

    hi Ms Rizza, I know the blog is 3 years ago, but I’m just taking chance and hoping you could notice and help my concern please please please.

    I had housing loan to a bank. However after I finished paying my loan, I learned that the the subdivision developer where I bought our house did not give the title to the bank. The bank did not inform us ahead or early that the title was not given to them. Would like to ask if we have the rights to demand the bank and the house developer? Can we open court case against the bank? Because the bank said that they don’t have responsibility to us because its the developer’s responsibility to give the title to us and not them, are they right? Do you know PH law that we can use against the bank? Thank you in advance.

  • Mhane Odviar

    good day..i purchase a property and paying my downpayment.for 1yr.gawa npo ung bhay and dahil po sa financial problem i decide n stop na yung pghulog dahil wala npo akong capacity.so cnb ko po sa developer.forfeited un po ang sagot nya skin.kahit po b i told them na to sell it s iba and im wiling to wait?please help me for this matter

  • Eli

    Hi, I just want to share my experience purchasing a lot in Cebu City and maybe gather some ideas to help me out in getting my money back. I originally bought 1 lot measuring 210 sqm, Lot No. 1, Block No. 2 last November 2017. I’ve paid 20k as reservation fee (non-refundable as per the acknowledgement receipt issued) and 20,317 php monthly from December 2017 to May 2018. Few days in May after the contract signing done sometime in May 1st week, when I just arrived in UAE, I received a facebook message from our agent saying that the developer have made recutting of their lot, which our lot was affected making it from 1 lot to 4 lots, location also has changed. They’ve given me options though but we have decided to just cancel it as they can no longer deliver what has been signed on the contract, like the location and the size. They advised me to send them an email about the cancellation request which they acknowledged. Both parties agreed that only 60% of the total monthly payments will be refunded back to me within 2-3 months after a long deliberation involving even their attorney as per their statement though I really can’t confirm if they did cause the only communication I have with the developer and the agent is through email and Facebook. Within the agreed timeline, I never received update from them even the amount calculation that will be refunded to me. They are not responsive at all to either way of communication I’ve made. Now, it’s more than 3 months for the agreed timeline, no update still from them. They messaged me once after the 3rd month that their company is experiencing issues at the moment so I should bear with them. They even asked me if I will accept PDC because they will get the money for refund from the new buyer of our lot which was actually not agreed in the first place. I even got my sister involved in this as she’s in the Philippines but neither had she got no positive response from them. My sister called them multiple times but no one answered, got rejected, and phone is off. I really don’t know now what to do. It’s really hard having this kind of issue when you are outside the Philippines. It’s going to be a hassle and inconvenience for sure if I will go for a legal action but if I don’t, then I think there will be no way for me to acquire back my money. I look forward to your comments and ideas on this. Thank you!

  • Katrina Galo

    Hi Ms. Rizza.

    Octobe 7, nag tripping kami sa isang house developer with one of their agent. He explained to me rfo with computation. We liked it and want to proceed with 14k monthly we know we can afford it. Nag bayad kami ng partial reservation the next monday. 10k para lang ma hold ung unit. Then 10k after a week since 20k ubg reservatiob nila… after a month magbabayad na sana kami ng monthly ng bahay, i asked the agent kung magkano exact amount then sabi niya its 19k almost 20k na… so nagulat ako kasi ung napagusapan nmin is 14k lang ung monthly… sabi sa akin ng agent nagkamali lang daw si agent ng computation which is feeling namin is na loko kmi… nakaka mis leading ung computation na bibigay niya sa amin…. question we want to back out since nawala na din ung trust namin sa agent… makakakuha pa ba kami ng refund? Thanks in advance.

  • Myla mendoza

    Hello po, kumuha po ng bahay thru bank loan, last sept 2018, nagsign na po ako ng contract with an interest rate of 6.88%, fixed rate for 4-5 years. hindi agad nag turn over ung unit ksi ndi pa sya ready as per developer, so waiting na lang kami kelan ang amort sa bank at turn over. but last week lang po, nov,16,2018, nagsend si bank ng bagong amort sched with 8.5% interest rate pirmahan daw si new sched pra mag start na kami ng amort by next month. is it right na mag impose sila ng increase sa interest rate ng 1.62% dahil mandated daw ng bsp at prevailing rate daw ung naunang rate na 6.88% na nakalagay sa contract??? without any notice, or information bigla na lang sila nag patong ng ganun. kahit nung signing ng contract wla man lang nsabe na mag subject to change pa ang naunang rate. pwede pa bang icancel ung loan sa kanila at lumipat sa ibang bank? please advise po.. thank you.

  • Matthew Austria

    hi Ms Rizza.
    i hope this message finds you well.
    i reserved a property and promised to pay 97% (almost full) of the price via check loan proceeds of our company HRMG benefit. the remaining 3% shall be paid in cash together with the 97% loan proceeds.
    However, after giving seller/buyer undertaking documents (HRMG requirement prior releasing loan proceeds), the seller decided to get first the 3% cash as equity….even if we showed L.O.G. already to them that the 97% payment shall be guaranteed once they sign the undertaking. after few days, they just told me that the Reservation will be cancelled and someone is already looking at my unit (very unpolitely unprofessional). i dont want to let go of my unit because we are already almost there (undertaking stage).
    i did not receive any cancellation notice ( 30 days grace period like what the above common question topic mentioned). but they are not answering to my queries anymore like email, sms, phone call, even developer’s office visit. head of account management dept is my only contact info bec the agent already resigned.
    your kind insight and assistance is appreciated.
    thank you .
    Matt. 09364218983/09207178890

  • Vincent19

    Hi Ms Rizza,

    Good day :)

    I bought a unit (townhomes) worth 2.870M. Nabayaran ko na yung 20% and the rest, proceeds na sya from the bank. Nasa developer na yung proceeds ko pero hindi pa ako mag sign ng contract approving the transfer kasi po may major construction na kailangan gawin sa 2nd floor. Hindi po kasi pantay yung pagkakagawa nila. They kept on telling that they will fix it pero walang nangyayari. Nov 28, 2018 ang supposed to be turnover pero till now, ganun pa din ang issue. I dont know what will be my next move since hindi nila ako sinasagot sa concerns ko at na dedelay lang ng na dedelay yung pag transfer. I dont know my rights regarding issues like this. I want to seek legal actions pero im not sure if its necessary. Fumadating na sa point na naiisip ko na tangapin na lang yung bahay kahit may issue pa ako para matapos na lang pero naiisip ko na lugi ako. Pa advice po.

    Thank you very much in advance. Any information will be surely appreciated.

  • John

    Hi Ms. Rizza,
    Quick question regarding CTS.
    I am selling my property and I already have a buyer.
    We already have a CTS and it states that the buyer will pay the amount in full once the pagibig loan has been completed.
    However, there was no specific timeline given in the CTS.
    Is there a expiration for CTS?

  • Momoy

    I’m living in a subdivision that is not yet 100% complete. In other words, it is not yet turned over to the HOA by the developer. Is the HOA obligated to shoulder part of the expenses for the maintenance and security of the subdivision? These expenses include payment for street cleaning, cleaning of unsold lots, street lighting and security guards. The developer argued that since the subdivision is 70% finished then we should shoulder 70% of the expenses.

    I hope you can clarify me regarding this matter. Thank you.

  • Sophia Monique

    Hello Miss Rizza 😊
    When I purchase a particular property, when it already gets assessed for Real Property Tax, can I pay the tax for like 20years ahead?

  • Imee Navarro Fabian Velazquez

    Hello Rizza! Thank you in advance for answering my concerns. I really appreciate you addressing our queries.
    I bought a townhouse and both my neighbors have their walls/fences constructed hence I am planning to have only our front gate and back wall built since I have limited budget.
    1) should i need to ask permission and have a written agreement from my neighbors for me not to build wall on both sides of the house?
    2) do i have to have the letter notarized?
    3) what does our law say about this situation?
    4) and what do we really need to do?

  • Pepz

    I just recently paid a full downpayment for the preselling house and lot last november 2018 and I have not yet sign any contract to sell then here comes january I bump into some kind of problem concerning my employment because I am a OFW and I just decided to cancel it fearing that I may not able to pay in the future. My question is, may I able to get my full downpayment back? Or even just 50% of it? Any advice ma’am/sir will do. Thank you so much! More power and God bless!

  • Jodie Fajardo

    Good day! question po about a lot na binili ng sister ko, yun original na nag benta po sa kanya is hindi naman po pala sa kanya lahat yung lupa so yung totoong may ari po nakipag usap sa sister ko and sa kanya na po nag bayad ang sister ko and may deed of sale naman po. Napatayuan na din po ng bahay ang lupa. May balance na lang ang ate ko na 40,000 and usapan is kaliwaan, bibigay ng ate lo yung kulang and ibigay nila ang titulo. Medyo matagal po na hindi naka bayad ang ate ko sa blanace na 40,000 and ngayon po ang may ari nag decide na ibenta ang lupa and may buyer na daw po. Pwede po ba nila gawin yun na sila ang mag benta ng lupa though maliit na lang ang kulang sa hulog and hindi naman nila inaayos ang titulo? Ibebenta nila ang lupa ng doble sa presyo nito and may naka tayo na po na bahay. Ang sabi po ng may ari ng lupa is wala na sya problema sa naka tayong bahay since lupa lang ang sa kanya. paano po if kausapin namin nag buyer na need din nila bayaran ang bahay dahil gumaston din ang kapatid ko ng milyon sa pagpapatayo ng bahay. And yung kopya po ng deed of sale ng ate ko is hindi na makita since namatay na yung dati nyang asawa and yun po ang nag tago. Ano po ba ang maari naming gawin? Maraming salamat po.

  • BryMars

    Good day po Mam Rizza;

    Ask ko lang po sana about sa nacancel na kinuha nameng bahay last 2016, di na po namen kasi natuloy, umuwe na po kasi nanay ko na OFW. Almost 1 year po namen syang nabayaran thru bank po ang pagbayad namen, minessage po kame ng seller na nacancel na nga po yung inavail namen na property. Gusto ko po sana malaman kung may mabalik pa po sameng pera, naaawa po kasi ako pinaghirapan po ng nanay ko yung pera, applicable po ba yung maceda law dito po sa problem namen. Sana po mabasa nyo to, napakalaking tulong po nito samen. Thank you in advance po, Godbless.

  • chino

    i have a question,
    i have been a home owner since 2008 in one of the subdivision in lapulapu city cebu, and it was titled since day 1, after 10 years, my mom and i planned to do a renovation, are we required to ask “permit” on the homeowners association and pay the required ban?

  • sam samson

    Hello everyone. I feel safe to raise our concerns here para ma-enlighten kami. Please help.

    Me and my siblings purchased a lot from my aunt last 2016. The tax dec states no improvement at the time of purchase.
    We had the deed notarized Mar 2019. We had a “verbal agreement” before the sale that we will pay for the capital gains tax since the property will be sold to us at 50k only. We agreed.
    My aunt passed away April 2019, a month after we had it notarized. My sister (being one if the buyers), built an extension of her home on a portion of this lot we bought.
    A week ago, in complisnce to our verbsl agreement, i tried to get an estimate at BIR of how much will the capital gains tax amount we need to settle . They asked me where is the seller and told them she passed away. I was told that I can not pay and BIR will not accept my payment because the said sale is still under the name of my deceased aunt. Instead , I was advised to get a new deed of sale from the living heirs. No estimate was of the CGT was given.
    My concerns are:
    1. Tama at totoo po ba ang sinabi at pinapagawa sa akin ng BIR?

    2. Kung hindi po pumayag magbigay ang mga heirs ng new deed of sale, will my deed of sale still be valid?

    3. Can the heirs take back the property and include it as part of the assets of my aunt when they settle their estate tax? What happens to the amount we paid for the lot? What happens to the extended house of my sister on this lot?

    4. One of the 4 heirs I talked with just yesterday suggested maybe a deed of donation will be better. In effect, will the capital gains tax be replaced with donor’s tax instead on our part to settle. Is this correct?

    5. Can i suggest to the heirs that we sell the property and divide the net proceed (net of expenses) between them and us?

    We desperately need help and enlightenment. My email is dengsamson@gmail.com