Fully Paid Lot But Seller

It has been 8 months since we purchased a lot, fully paid. Problem is, the title hasnt been turned over to us.

It was agreed that the seller will process it with BIR - capital gains and all.
And process the transfer of title, as well.

I have requested a copy of the BIR - OR, to at least hold on to some proof that they are already processing the long overdue task, to which they gave details but not an actual copy of it.

I'm planning to take legal action to demand the return of payments with interest and damages.
Could I charge them with estafa?
What's the best next step?

Thanks in advance.

is the seller a subdivision developer? or you bought this from a private person?

what is going on on the lot now, who is in possession. is there anything to prevent you from taking possession of it now? or has it already been delivered to you?

to rescind an agreement, it has to be shown that there has been a substantial breach which will render the fulfillment of the contract impossible.

my guess is that they have spent the money and they don't have enough for the taxes. i recommend that you first send a demand letter to either deliver the the title or return your money.

i do not believe this is a proper case for estafa, unless you can show that there was deceit on their part from the very beginning.

Thank you very much attyLLL for the quick reply.

The seller is a subdivision developer.
The lot is vacant.
And we have previously checked, the title was clean.

We'd like to build on it.
But since the title is not yet in our hands,
we are very apprehensive.
We just want to make sure no future problems will arise.
And we actually don't even want to rescind the contract.
It's just very frustrating for me right now.

I hope you don't mind proof reading my short demand letter below.

"On February 1, 2010, we paid for the purchase of a lot that your company developed and sold in full. It has been more than 7 months since your company received the full payment. After weekly persistent follow-ups, your company has still failed to process the transfer of title to our name even though normal turnaround time is only 2 months. We have been more than considerate, as far as this is concerned.

Please be aware that I have sent your personnel several messages, by phone and by text, and even a visit to your office to demand the process of the Certificate Authorizing Registration and ultimately the Transfer of Title but the same have been left unfulfilled. Consider this then, as my last and final demand for you to process the above  within seven (7) days from receipt and to deliver the title within ten (10) days from receipt of this notice. Otherwise, I shall be constrained to commence suit to protect my interests."

Is this okay? Thanks again in advance.

it is very sufficient.

i presume you have your contract, and proof that you are fully paid? i think your better move is to occupy the lot while also demanding for the title.

however, you will not be able to get a bank loan if the title is not yet in your name.

your remedy, in case of refusal or failure of the developer, is to file a complaint at HLURB.

Yes, I have the contract and OR to prove full payment.
I just hope the HLURB is not manned with corrupt officials.

Thank you very much for your quick reply and guidance.
Your advice is very helpful. I have been enlightened!

By the way, I think it's very rare for attorneys to give free advice and counselling. So, to you I wish more power, success, good health and a long life !
Hail to all lawyers just like you!

Once again, thank you!

Hi Atty.,

According to a representative from the property company, our lot title has just been released by RD. I havent received it yet, though.
BTW, full payment has been made last Feb1, 2010 for the purchase of the propty. It's been 9 and a half months . Together with it, we signed a DOAS with them which we have a copy.
.
Now the admin wants to charge us with monthly dues starting February.
My claim is that since the title hasnt been formally turned over to us even up to now after 9.5 months, we didnt have the peace of mind to build any structure/s there. Had they turned over the title earlier on, it wouldve been agreeable to charge us with the monthly dues.

Pls advise as to who should shoulder the monthly dues and real estate tax for yr 2010? The title is still with the developer, still scheduled for released.

Thanks.

please review your contracts and see what it says about this.