Real Estate Laws

What is Earnest Money ?

What is Earnest Money ? Here are some definitions : Earnest Money is a sum of money paid by a buyer at the time of entering a contract to indicate interest and ability of the buyer to carry out the contract.  Normally, earnest money is applied to the purchase price.  Often the contract provides for Forfeiture of this sum if the buyer defaults. An Earnest Money agreement is a real estate...

What is Writ of Possession ?

What is Writ of Possession ? here's an issue that can take a long period of time to be prescribed by the court due to several unclear issues but hopefully with the cases noted below, all concerned parties can be guided accordingly and the uncertainty of the issue is then clearly identified to avoid any delays.  take note that the "writ of possession" comes after a foreclosure and a redemption period of...

Case Study – Paraphernal Property

CASE STUDY ON SALE OF A  PARAPHERNAL PROPERTY : A couple of weeks ago, I came across a case of an inherited property being sold by 9 siblings who are now all living abroad and  are married.  Several points to address are : 1) Are the spouses of the siblings required to sign the Deed of Absolute Sale ? 2) Is the property a conjugal property ? 3) What is the legal process to proceed with the...

Spouses Right to a Property

REAL ESTATE CASE  STUDY : I am currently researching on this case : Nine siblings inherited a property back in the mid 90s, all nine are based abroad and married but two of them are now divorced, their property is being sold, do the spouses of the divorcees have a claim to the property ? Would they also need to go through a consularized Special Power of Attorney ? i will blog about this soon, have a...

What to do when an Improvement overlaps on a Vacant Lot ?

here's a recent case that our office came across that had to be assessed and processed properly in order to avoid any problems and concerns by both the Bureau of Internal Revenue and Register of Deeds.  take note that during a sale of a property, the most important concerns by both parties are : 1) Seller gets a Certificate Authorizing Registration (CAR ) - proof that all taxes with regards to the...

FAQs – Acknowledging Registration of Clients

REGISTRATION OF CLIENTS : What is the proper way of "Acknowledging" Registration of Clients ? This has been an issue with several property owners / administrators / banks and even ourselves when we were selling our property sometime ago.  It has been a standard procedure for some experienced brokers / agents / sales person to register their "Client" immediately upon getting a certain property even...

Quezon City – Real Estate Procedures

Quezon City Hall City Treasurer's Office - Annex Building City Treasurer's Office - Real Estate Division Claim Stub for release of Tax Clearance Map of Quezon City Hall Compound Civic Center - Building B   City Assessor's Office City Assessor's Office ( window 10 and window 11 ) Claim Stub for Certified True Copy of Tax...

Inherited Estate not deemed Conjugal Property

here's an article from manila time's correspondent, Persida Acosta, that explains what is and isn't a "conjugal property" between husband and wife : Inherited Estate not deemed Conjugal Property Dear PAO, I just want to know if the house and lot I inherited from my parents is part of our conjugal property. My husband died three months ago and his illegitimate children are claiming that the house is...

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