real estate law

Pre-Nuptial Agreement – FAQs

hello everyone, Here's a touchy subject on "Pre-Nuptial Agreement" that's better to be aware of than not.  As always, this blog was created due to a recent case i came across with wherein a couple had to go through an unfortunate situation over financial and material assets. There are many misconceptions about pre-nups, such as it only takes effect when you get separated, or it only benefits the...

Case Study on Paraphernal Property and Extra Judicial Settlement

Case Study : In this business, the most important people re documentation are the Bureau of Internal Revenue, Assessor's Office and Register of Deeds ( RD ). We all at sometime will come across a client, investor, bank, lawyer who claim to know it all or have been informed otherwise ( these are the hardest people to deal with so handling it with special care and reasoning out with them is important )...

Real Property Taxes for 2016

hello everyone, Just a reminder that if you're a Real Property Owner in the Philippines, in order qualify for a discount in the Municipality or City your property is located at, the real estate tax for the land and improvement ( if applicable ), condominium, townhouse, etc ...  must be paid between January to March ( discounts vary depending on the Municipality or City where property is located...

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 Encroachment ?

WHAT IS ENCROACHMENT ? A Building, a part of a Building, or an obstruction that physically intrudes upon, overlaps, or TRESPASSES  upon the property of another. This is a situation that normally just requires a geodetic survey to prove the one party is indeed "Encroaching" on a property however, most cases end up in litigation. robert Robert G. Sarmiento Properties Professional...

Market, not par value, determines documentary stamp tax – CTA ruling

here's an important article for everyone's reference, particularly on property sales being done through tax free exchange, which is almost non-existent anymore ! in addition, a property appraisal by an accredited appraiser is  now required by the bureau of internal revenue in determining the final computation of capital gains  tax and documentary stamps ! to view the article from business...

Problem Issues 2

here's another important issue we recently experienced and it was so unexpected.  it's a case of a couple who got a small loan for their property through a rural bank.  so the normal procedure that the banks require was met.  when all documents have been submitted by the mortgagee, the bank normally approves the loan. now what happens when the loan is approved ?  the bank then goes to the...

Philippine Real Estate – Foreign Ownership Facts

Foreign Ownership of Philippine Real Estate Foreigners can protect their Philippine investments into Philippine real estate and other investment assets. We provide Foreign Nationals various ways from Retirement Investment Visas to Philippine Incorporation services so they can protect their Philippine investment interests. More information on our services is provided below, and or contact us with...

What is a Will ?

In the course of doing real estate over time, I have come across several instances that when the unexpected happens, DEATH, in particular, more often than not, leads to problems. From the well to do families ( old rich to nouveau rich ) to the under privileged ones like the Juan de La Cruzes, there are no exemptions to the rule.  Siblings, relatives will fight for whatever they feel they deserve,...

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