bilihan ng house and lot

Dear Atty.
would like to get your comments/suggestions on my predicament:
may kausap kaming friend na mareremata na ang h/lot niya with SSS. so nagkainterest kaming bilhin, nagbayad na kami last 2001 at ng mag fufull-payment na kami last 2003, sabi ng anak e gawin daw 900K ang presyo kahit na nakapag sign na ng acknowledgement receipt ang nanay nya na P650k lang ang napagkasunduan naming presyo. sabi ko bastat wait sila ng 2008 kung ok lang at sabi willing sila mag wait. may binigay kaming contract to sell, hindi nila isinaoli at hindi rin nagsign upto now. lately, gusto nila mag bayad daw kami ng interest because of the time that lapsed na. we are waiting for the signed contract pro walang binibigay, now they are telling us na one sided ang contract and imposing us to pay interest, but since walang agreement na mag iinterest kami sa kakulangan bayad, ayaw sana naming bayaran? do we have reason not to pay the interest and demand them to give us signed contract? We are presently staying on the house already.

narelease na ang titulo from sSS because of our payments made to them.

what process can we do now? thanks.

is the title in their name? so all you have is an acknowledgment receipt? there is no documentation regarding the sale?

Yes Atty., we only have an acknowledgment receipt signed by the owner for the payments we made, which read as ff:

received from XXXXX the amount of

200,000 2001
200,000 2002
200,000 2003
25,000 July 2003
as payment for h/l in address xxxxx and mentioning in the last part that balance of P25,000.00 is to be settled xxxx.

other than this no other signed documents because after 5 years they are telling us na one-sided ang contract.

hope to hear from you again po. thanks.
amy

aside from what you paid, did you pay the installments to SSS?

the acknowledgment receipt is indicative of a contract to sell.

your remedy is to file a judicial petition to compel them to deliver the title and a deed of sale.

where is the title now?

Dear Atty.
We gave the cash money to the owner and she completed payments to SSS, the title is still in her name and was released during the time na nagbayad kami ng first 200k due to mareremata na nga year 2001. Are we going to pay the interest or since wala naman sa usapan na mag iinterest kami, can we stick to the 650k first agreed amount or pay the remaining P275k of P900k without payment ng interest for the balance po?
You were suggesting po to file judicial petition at the court, how long po ba iyon or papano po b ang proceso? r we going to hire po b lawyer?
thanks for your help.
amy

the receipt is your contract, and if it doesn't have any indication of interest, then none is payable. how much have you actually paid? 200k? you did not pay in 2002 and 2003?

Dear Atty.
we have totally paid P625,000.00 in all out of the P650k original price. we have staggered payment of P200k in 2001, 200k in 2002, 200k in 2003 and the latest is 25k in July 2003.
you mean sir that we can stick to the first agreed amount of 650k since no signed copy of the P900k contract was ever signed and returned to us?
but still we have to go for judicial petition for the deed of sale and transfer of title? tama po ba? Maraming salamat at sana magawa namin ito.... for how long and how much po ba more or less ang case na ganito and where to file po. thanks again.

Dear Atty.
hi, thanks for your replies and ..... The land title is nasa may-ari po ng lupa na tinitirhan namin, we have copy of it. one time they asked us for what purpose why do we need copy, it is because we were the one who paid for it to be released from SSS, di ba po? what do we do now sir.
thanking for the advises we get here.

amy, did you agree to pay 900k instead previously? an oral contract is valid if it was agreed upon. of course, if there is no proof then only the 650k can be agreed upon. yes, to compel them to turn over the title, you will have to go to court if they refuse.

ronnie, please give more details. did you purchase the house? do you have a written contract of sale?

In 2003, we agreed basta't willing sila to wait upto 2008 and accepted din naman nila maghintay 2008 ngunit wala pong naging kasulatan at wala ding usapan sa interest.
We have drafted contract sa 900K but hindi nila nasign, now they are asking us to pay interest from 2001 since it has been too long daw.
Our stand is nabayaran sana sila on time should they have signed pro hindi manlang po kasi sila nagcomment upto lumipas na po year 2008 at now sabihin nilang one-sided ang contract.
Can we insist doon sa 650k original usapan kc un ang my acknowledgment? and if 900K and we have to pay the interest which amount is too much for us to bear now, mahihirapan po kaming mabayaran.
What is our stand po should the case be brought to court Atty., ano po ba dapat ang gawin namin?

thanks again.

amy

if it is brought to court then your stand should be that you are only liable to pay the 25,000 balance. if they bring up this verbal agreement, then the lawyer should object because it is contrary to the statute of frauds.

you should write a letter tendering the 25,000 and demand that they issue a deed of sale. if they refuse, your remedy is to file a complaint in court to compel them to convey the property.

thanks a lot atty.