CASE STUDY :
Recently an associate that’s been in the business for three years just relayed to me her experience and was asking advise on how to handle a touchy issue. The incident happened two months ago wherein a Client called her from her online advertisement then scheduled a viewing of that property.
She then showed the property to the client and had her client acknowledge the viewing by having the client sign the Client Registration Form which she furnished both the Property Owner and Client.
Two weeks later after she followed up on the viewing, the Client said he’s not interested in the property. Two weeks ago, she followed up with the property owner to see if the property is still available as she had another inquiry on the property and was told it was sold.
To whom ? Owner didn’t specify to whom. She then tried calling her client to find out if he was still in the market for a property and was told that he bought already, This really got her curious so she pursued the issue and the best was to find out from if that particular property was really sold and to whom.
There are ways of going thru this process and one was through BIR or further onwards thru Register of Deeds.
Long story short, Property Owner and Client went through the sale without her. She is now currently filing a case versus both parties and she really has a strong case. In fact, since she has an Authority to Sell and Client Registration Form, I am almost sure that a “lis pendens” can be filed at the Register of Deeds asap !
I am perfectly aware of this situation as someone did that to our own property and was able to do so without any documentation whatoever to validate the claim so i went to the Register of Deeds and verified how this could have happened as it’s only the Register of Deeds that could annotate a Lis Pendens on a title ( i stand corrected with the changing laws ). Finally I was then told the it was the Land Registration Authority ( LRA ) that annotated the lis pendens and it even wasn’t a validated issuance. Definitely an issue that has to be addressed and cleaned up.
Moral lesson : We really have to be vigilant on issues that can arise from our profession and to cover our tracks so proper documentation is a must ( at the opportune time ).
Visit www.robertgsarmiento.org for blogs, news, case studies and property listings which you may find informative.
Subscribe to my daily postings by filling in your email address at the SUBSCRIBE section located at the mid right hand portion of the webpage of www.robertgsarmiento.org
View properties you are looking for by using the SEARCH engine ( highlighted in Green on the right hand corner of the webpage ).
Finally, should you have a property for SALE or LEASE, let me know if our office could be of assistance.
Robert G. Sarmiento Properties
Professional Affiliation :
Philippine Association of Real Estate Boards
Member, City of Taguig Real Estate Board 2016, 2017
Real Estate Broker’s Association of the Philippines
President, Greenhills Chapter 2008, 2009
Philippine Association of Real Estate Brokers 2000-2015
San Juan Mandaluyong Chapter 1998, 1999
PRC # 6569
AIPO # 000897
02 5148481 ( direct line )
+ 632 5536051 ( trunkline )
+ 632 4781316 ( telefax )
+ 632 8561365 ( line 3 )
+ 632 8041701 ( line 4 )
+ 63 917 5364829 ( globe )
Email : [email protected]
Website : www.robertgsarmiento.org