Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Buying a Property Inquiry

Buying a Property Inquiry

3 posters

Go down  Message [Page 1 of 1]

1Buying a Property Inquiry Empty Buying a Property Inquiry Mon Aug 30, 2010 5:31 pm

paul14louie


Arresto Menor

Good Day,

I have a question and i hope someone can give me an advice.

I am buying a property in the Philippines but the owner is in Dubai i told here to get a Special Power of Attorney from our Consulate in Dubai. The problem is that her employer don't allow her.

I want to buy her property but i don't want to have any problem in the future. Please give me advice if there is another option rather than getting a SPA from our consulate.

2Buying a Property Inquiry Empty Re: Buying a Property Inquiry Mon Aug 30, 2010 5:40 pm

attyLLL


moderator

you mean that her employer won't giver her leave so she can have the opportunity to go to the consulate?

i'm afraid i cannot see any other way because the SPA has to be notarized.

https://www.facebook.com/BPOEmployeeAdvocate/

3Buying a Property Inquiry Empty Re: Buying a Property Inquiry Mon Aug 30, 2010 5:45 pm

paul14louie


Arresto Menor

Yes sir her employer won't give her a leave so she can go to the consulate.

She went to Dubai (February 2010). Is it possible that we make a SPA from the Philippines dated when she is still at the Philippines (January 2010). She is a family friend and she keeps telling me to trust her but i really want to make sure that i will not be having a problem in the future.

4Buying a Property Inquiry Empty Re: Buying a Property Inquiry Mon Aug 30, 2010 5:52 pm

paul14louie


Arresto Menor

Sir if the SPA is notarized in the Phil. does it make it void because she is in Dubai? I have evidence like FACEBOOK Messages from her saying to trust her and her having problem in getting a SPA from the Embassy.

Does the message count as an approval from her and a evidence that make our deal valid or legit?

5Buying a Property Inquiry Empty Re: Buying a Property Inquiry Mon Aug 30, 2010 6:13 pm

attyLLL


moderator

i know it's tempting to take this short cut, but that would be falsification of a public document. i do not recommend that you get involved. i also don't recommend that you pay without the security of a deed of sale and turnover of the owner's copy of the TCT

https://www.facebook.com/BPOEmployeeAdvocate/

6Buying a Property Inquiry Empty Re: Buying a Property Inquiry Mon Aug 30, 2010 6:22 pm

zulfikarl


lawyer

The Law on Notarial Practices require that the person who executed the SPA must appear in person before the notary public. The notarization could become legally ineffective.

Also, the Statute of Frauds requires that any sale of real property must be made in writing, otherwise, it shall be unenforceable.

Never make your friendship a reason for not putting the sale in writing if you want to avoid legal intricacies later on.

7Buying a Property Inquiry Empty Re: Buying a Property Inquiry Mon Aug 30, 2010 8:30 pm

paul14louie


Arresto Menor

Yes sir she will provide me with the Original Title of the Property and with a Deed of Sale. But the problem is she's abroad and she can't get a Special Power of Attorney in our Consulate because of her employer.

What is the best thing that i should do?

8Buying a Property Inquiry Empty Re: Buying a Property Inquiry Mon Aug 30, 2010 9:25 pm

paul14louie


Arresto Menor

And another question sir if the property is already transferred in my name. Can the seller still file a case in reclaiming the property?

9Buying a Property Inquiry Empty Re: Buying a Property Inquiry Tue Aug 31, 2010 12:32 pm

attyLLL


moderator

you will make yourself vulnerable if you transfer it using falsified SPA.

https://www.facebook.com/BPOEmployeeAdvocate/

10Buying a Property Inquiry Empty Re: Buying a Property Inquiry Tue Aug 31, 2010 4:02 pm

paul14louie


Arresto Menor

Thanks, she really needs to get a SPA from the Consulate.

Sponsored content



Back to top  Message [Page 1 of 1]

Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Buying a Property Inquiry

Permissions in this forum:
You cannot reply to topics in this forum