Buying Properties from a Re-Seller who Just Partially Paid the Property which is Still Under the Name of the Original Owner

Purchasing property in San Vicente, Palawan, or anywhere in the Philippines, requires careful due diligence, particularly when dealing with a re-seller who has only partially paid for the property and where the title is still under the name of the original owner. This situation presents unique challenges and potential risks, making it crucial for buyers to take extra precautions to ensure a smooth and legally sound transaction.

Why It's Important to Verify the Status of the Property

When buying property from a re-seller who has not yet completed the full payment, the legal ownership of the property remains with the original owner. This means that the original owner is the only person who has the right to sign a Deed of Sale or any form of deed of conveyance that transfers ownership. If the original owner is not willing to cooperate, the buyer could face significant challenges in transferring the title to their name.

Steps to Take Before Proceeding with the Purchase

1. Verify the Re-Seller's Rights and Payment Status
   Before proceeding, the buyer must confirm that the re-seller has indeed made partial payments to the original owner. This can be done by reviewing documents such as:

   • Acknowledgement Receipts: These documents should be signed by the original owner and indicate the amount paid by the re-seller.
   • Contract to Sell: If available, this contract should outline the payment terms and indicate whether the re-seller has the right to sell the property before it is fully paid.

   Key Point: If the Contract to Sell allows the re-seller to sell the property despite partial payment, this provides some security to the buyer. However, if the contract does not grant this right, the buyer will need the original owner’s full cooperation to complete the sale.

2. Contact the Original Owner
   It is essential for the buyer to establish direct communication with the original owner. The buyer should explain their interest in the property and confirm that the original owner is willing to sign a Deed of Sale or any deed of conveyance. Without the original owner’s signature, the title cannot be transferred to the buyer, even if the re-seller has made partial payments.

   Warning: There have been instances where buyers paid the re-seller in full, only to discover later that the original owner refused to sign the necessary documents. This creates legal complications and delays, often leaving the buyer unable to secure the title in their name.

What to Do if the Original Owner Refuses to Sign

If the original owner expresses hesitation or outright refuses to sign the Deed of Sale, the buyer should reconsider moving forward with the transaction. In cases where the relationship between the original owner and the re-seller is strained, the risk of legal disputes is high, and the buyer may end up in a difficult situation.

However, there is an alternative solution, albeit a time-consuming one:

• Transfer the Title to the Re-Seller First: The buyer may negotiate for the re-seller to complete the title transfer from the original owner to their name first. After the title is in the re-seller’s name, the re-seller can then execute a Deed of Sale to transfer the title to the buyer. However, this process may take several months, and the buyer should weigh the risks and potential delays before deciding.

Key Documents Required for the Transaction

If the buyer decides to proceed with purchasing the property from a re-seller who has only partially paid, the following documents are critical:

1. Contract to Sell or Deed of Sale Signed by the Original Owner

   • The original owner must sign either a Contract to Sell (for installment payments) or a Deed of Sale (for cash transactions). Without this document, the buyer cannot legally transfer the title.

2. Waiver from the Re-Seller

   • The re-seller must sign a waiver or quitclaim document, transferring their rights over the property to the buyer. This ensures that the re-seller no longer has any legal claim to the property. Ideally, the re-seller should also surrender their original Contract to Sell or Deed of Sale to avoid any conflicts.

   Tip: The buyer should make sure that any existing contracts between the re-seller and the original owner are properly voided or canceled to prevent future complications.

Risks of Proceeding with Partial Payment Transactions

1. Delays in Title Transfer
   If the original owner is hesitant or uncooperative, the buyer may face significant delays in the transfer of the title. This can lead to legal disputes and additional costs.

2. Legal Disputes
   In cases where the re-seller has not fully paid for the property, the original owner may refuse to complete the sale, leading to potential legal battles that can be costly and time-consuming for the buyer.

3. Risk of Double Sale
   There is always the possibility that the original owner or re-seller may have already sold the property to another party, leading to a situation of double sale. This is a common issue in areas with high property demand, such as San Vicente, Palawan.

Proceed with Caution

Buying a property from a re-seller who has only partially paid for the land is a risky endeavor. Buyers must exercise extreme caution and conduct thorough due diligence, including verifying the payment status, communicating directly with the original owner, and ensuring all necessary documents are in place.

Hiring a licensed Real Estate Broker is essential in these transactions to help navigate the legal complexities and avoid costly mistakes. With proper due diligence and careful planning, buyers can mitigate risks and ensure a successful property acquisition in Palawan. However, without these precautions, the buyer may find themselves facing delays, legal challenges, and even financial loss.

Related Posts:

• Buying Properties from a Re-Seller Who Has Already Fully Paid the Property but Still Under the Original Owner’s Name
• Buying Properties from Resellers

How to Buy a Property in Palawan?

How to Buy a Property in Palawan: A Comprehensive Guide for Investors

Palawan, often dubbed the “Last Frontier of the Philippines,” is renowned for its stunning beaches, crystal-clear waters, and lush landscapes. It’s no surprise that this tropical paradise has become a prime destination for real estate investment. Whether you’re looking to buy a beachfront property, a mountain view lot, or an agricultural estate, buying property in Palawan requires a thorough understanding of local laws, procedures, and market dynamics.

This guide will walk you through the essential steps on how to buy a property in Palawan, from choosing the right location to finalizing the purchase, ensuring that your investment is secure and legally compliant.

1. Research and Choose the Right Location

The first step in buying property in Palawan is selecting the right location. Palawan is vast, with varying landscapes and investment opportunities, so your choice will depend on your goals, whether it’s building a private residence, developing a tourism business, or investing in land for future resale.

Key Locations to Consider:

• Puerto Princesa: The capital city and hub of commerce in Palawan. Popular for city living and proximity to the famous Underground River.
• El Nido: Known for its stunning islands and beaches, this area is a top choice for tourism-related investments such as resorts and vacation homes.
• Coron: Another tourism hotspot, ideal for those interested in diving resorts, eco-friendly lodges, or island properties.
• San Vicente: Home to Long Beach, the longest white sand beach in the Philippines, San Vicente is seeing rapid development and is becoming a prime area for tourism investment, especially with the planned Paragua Coastown township by Megaworld.
• Balabac: A lesser-known area, but quickly gaining popularity for its pristine beaches and untouched nature, ideal for those seeking more remote investments.

2. Understand Property Ownership Laws in the Philippines

The Philippines has specific laws regarding property ownership, particularly for foreign buyers. Understanding these regulations is crucial to avoid legal complications down the road.

For Filipino Citizens:

• Filipinos can freely purchase and own property in Palawan, whether residential, agricultural, or commercial. You’ll have full ownership rights and the ability to purchase titled land.

For Foreigners:

• Foreigners cannot directly own land in the Philippines. However, they can own condominium units, provided that foreign ownership does not exceed 40% of the total units in the development.
• Foreigners can also lease land for up to 50 years, with the option to renew for an additional 25 years.
• Another common method for foreigners is purchasing land through a Philippine corporation, where at least 60% of the corporation’s shares are owned by Filipino citizens.

3. Verify the Property’s Legal Status

Before entering into any agreements, it’s critical to verify the legal status of the property. This involves checking the title and ensuring that it’s free from legal disputes or encumbrances.

Titled vs. Untitled Land:

• Titled Properties: Look for a Transfer Certificate of Title (TCT), which proves the ownership of the property and should be free from liens or adverse claims. Verify the title’s authenticity by requesting a certified true copy from the Registry of Deeds.
• Untitled Properties: In Palawan, many properties are still untitled but classified as Alienable and Disposable (A&D) land, meaning they can be titled. If you’re considering buying untitled land, make sure to verify its A&D status with the Department of Environment and Natural Resources (DENR).

Key Documents to Check:

• Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT) for condos.
• Tax Declaration: Verify that the property’s real estate taxes are up to date.
• Special Power of Attorney (SPA): If you’re dealing with a representative or broker acting on behalf of the seller, ensure they have legal authority via an SPA.

4. Conduct Due Diligence

It’s essential to conduct thorough due diligence before finalizing the purchase. This includes researching the property’s history, surveying the land, and verifying that it complies with local zoning laws and environmental regulations.

Survey the Property:

• Hire a Geodetic Engineer to conduct a formal survey and ensure the property’s boundaries are correct. This is especially important if you’re purchasing a portion of a larger lot or if the property is untitled.

Zoning and Environmental Compliance:

• Check with the local Municipal Planning and Development Office (MPDO) to verify the property’s zoning classification (residential, agricultural, commercial, etc.) and ensure that your intended use is permitted.
• For large-scale developments or properties near environmentally sensitive areas (e.g., beaches, forests), you may need an Environmental Compliance Certificate (ECC) from the DENR to ensure your development complies with environmental regulations.

5. Negotiate the Sale Price and Terms

Once you’ve verified the legal status of the property and conducted due diligence, it’s time to negotiate the sale price. In Palawan, land prices can vary significantly depending on location, proximity to the beach, and future development plans.

Key Considerations During Negotiation:

• NET vs. Gross Pricing: Be clear on whether the sale price is NET of taxes, fees, and incidental expenses, meaning the buyer pays for all taxes and fees, or whether it includes all associated costs.
• Payment Terms: Establish clear payment terms, including the down payment, installment schedules (if applicable), and the final payment upon the completion of title transfer.
• Capital Gains Tax (CGT): In the Philippines, the Capital Gains Tax (CGT) is typically the seller’s responsibility, but this can be negotiated.

6. Secure Financing (If Necessary)

If you require financing to purchase the property, you’ll need to secure a loan or mortgage from a local bank. Some banks in the Philippines offer loan services to foreign investors or expatriates with legal residency.

Required Documents for Financing:

• Proof of income or employment.
• Identification documents (passport, TIN, etc.).
• The Deed of Sale and a copy of the TCT or CCT.

7. Finalize the Purchase: Deed of Sale and Title Transfer

Once both parties have agreed on the terms and the payment is made, the sale must be formalized through a Deed of Sale. This document outlines the transfer of ownership and is a crucial step in legally securing the property.

Steps to Finalize the Purchase:

1. Notarize the Deed of Sale: Both the buyer and seller must sign the Deed of Sale, which must then be notarized by a licensed notary public.
2. Pay Taxes and Fees: Before the title can be transferred, the buyer must pay the necessary taxes, including:
   • Capital Gains Tax (CGT) (typically 6% of the sale price).
   • Documentary Stamp Tax (DST) (1.5% of the sale price).
   • Transfer Tax (varies by locality but usually around 0.5%).
3. Title Transfer: Submit the notarized Deed of Sale and proof of tax payments to the Registry of Deeds to initiate the title transfer process. It can take several months to receive the new title in the buyer’s name, depending on the property’s location and the efficiency of local government offices.

8. Register the Property and Pay Real Estate Taxes

After receiving the new title, the buyer must register the property with the local Assessor’s Office to update the tax records. This ensures that future real estate taxes are billed to the new owner.

Additional Tips:

• Always work with licensed professionals, such as real estate brokers, geodetic engineers, and lawyers, to ensure a smooth transaction.
• Make sure to get a certified true copy of all documents from the relevant government agencies.

If You Make to Secure Your Investment, Find a Reliable Local-Based Real Estate Broker in Palawan

When buying property in Palawan, one of the most crucial decisions is finding a trustworthy real estate broker. While the process of purchasing property can be complex, working with a reliable, licensed broker ensures a smooth and legally compliant transaction. However, there are significant risks involved when dealing with unlicensed brokers, many of whom can mislead buyers or mishandle legal processes. This supplementary article will guide you on how to find a reliable real estate broker and emphasize the importance of verifying their credentials.

Why It’s Important to Work with a Licensed Broker

In the Philippines, licensed real estate brokers must pass a professional examination and be accredited by the Professional Regulation Commission (PRC). These brokers are equipped with the knowledge and legal understanding necessary to handle real estate transactions properly. They are trained to navigate property laws, conduct due diligence, and ensure that all aspects of the sale comply with government regulations.

Working with a licensed broker offers significant advantages:

• Accountability: Licensed brokers are regulated by the PRC and must adhere to strict professional standards and ethics. This provides an added layer of protection for both buyers and sellers.
• Expertise: They have a thorough understanding of property documentation, zoning laws, and taxation, ensuring a smooth transfer of ownership.
• Legal Protection: Licensed brokers are well-versed in the required legal paperwork, helping you avoid errors that could delay your transaction or lead to costly disputes.

The Risks of Dealing with Unlicensed Brokers

Dealing with an unlicensed broker poses several risks. These individuals may lack the necessary training and legal standing to handle real estate transactions properly, which can lead to complications, such as:

• Fraudulent Transactions: Unlicensed brokers have been known to sell properties without the legal right to do so. This can result in legal disputes or even loss of your investment.
• Incorrect or Incomplete Documentation: Since unlicensed brokers are not bound by professional standards, they may mishandle critical legal documents like the Deed of Sale, title transfers, or tax declarations. This can cause delays or even nullify the transaction.
• Lack of Accountability: If an unlicensed broker commits fraud or mishandles your transaction, there is little legal recourse. Licensed brokers, on the other hand, are accountable to the PRC and can face penalties for misconduct.

How to Verify If a Broker is Licensed

To ensure that you’re working with a legitimate real estate broker, always ask for their PRC ID. This card contains their registration number, which can be used to verify their credentials on the official PRC website. This step is crucial in ensuring that you are dealing with someone who is authorized to conduct real estate transactions.

Here’s how you can validate a broker’s license:

1. Request Their PRC ID: Always ask the broker for their PRC ID before engaging their services. This ID will show their license number, name, and other identifying information.
2. Visit the PRC Website: Go to the official PRC website and use the license verification feature to check the broker’s status. Simply input their PRC license number to see if it is valid and active.
3. Confirm Their License is Up to Date: Make sure that the broker’s license is current, as expired licenses mean the broker is not legally allowed to conduct transactions.

Common Misconception

It’s important to note that a DTI Certificate is not proof of being a licensed broker. Some individuals may present a DTI Certificate, which only proves that they have registered a business, not that they are licensed to operate as a real estate broker. Don’t be misled by this document—always insist on seeing the broker’s PRC ID.

Another common misconception is assuming that a realty office presence guarantees you are dealing with a licensed broker. In reality, the person you are speaking with may just be a staff member or sales agent. While these individuals may assist in the process, only a licensed broker can legally manage the transaction.

When you visit a realty office, ask to deal directly with the licensed broker, not just any staff member. You should also verify the broker’s PRC credentials, even if they are working from a reputable office.

Tips for Finding a Reliable Real Estate Broker in Palawan

1. Ask for Referrals: Word of mouth is one of the best ways to find a reliable broker. Ask friends, family, or other property owners in Palawan for recommendations.
2. Check Online Reviews: Look for feedback from previous clients to gauge the broker’s reputation. Positive reviews can provide insight into their reliability, professionalism, and customer service.
3. Verify Their PRC License: As mentioned earlier, always verify the broker’s PRC ID. If they are hesitant to provide it, consider this a red flag.
4. Evaluate Their Local Knowledge: A reliable broker should be well-versed in the local market, zoning regulations, and the intricacies of buying property in Palawan. Their local expertise can help guide you through the process more smoothly.

Protect Yourself by Working with Licensed Brokers

Buying property in Palawan is a significant investment, and finding a reliable, licensed real estate broker is key to ensuring a safe and smooth transaction. By verifying a broker’s credentials, asking for their PRC ID, and avoiding unlicensed individuals, you protect yourself from potential fraud and legal complications. Always take the time to do your due diligence—it’s a small step that can save you from major headaches down the line.

Remember, just because someone works in a realty office or presents a DTI Certificate doesn’t mean they are legally allowed to broker real estate transactions. Insist on seeing their PRC ID and verify it through the PRC website before making any commitments.

Buying property in Palawan is a rewarding investment, offering not only the potential for financial growth but also the chance to own a piece of one of the world’s most beautiful tropical destinations. However, the process requires careful planning, due diligence, and a thorough understanding of local property laws. By following the steps outlined in this guide and working with licensed professionals, you can ensure that your property purchase in Palawan is secure, legal, and hassle-free.

Whether you’re dreaming of a beachfront home or investing in land for future development, owning property in Palawan can turn your tropical dreams into reality.