BRIDGE OF CONTRACT

Ayon sa seller, nagkaron siya ng record sa pag inquire nya sa pagtatanong ng pagpapalipat sa pangalan namin don sa canada at di nya na mababawi un. Gusto nya na ibalik na lang ang pera kung pano namin binayaran ang bahay for 4 years (400,000.00) at babawasan pa ito ng rent na 3000. Di kami pumayag sa gusto nya. Ano ang action na dapat gawin? Pano kong di siya makuha sa mabuting usapan? May laban ba kami kamag ikinaso namin ito kahit ang hawak namin ay rent to own contract na walang notaryo pero pirmado nila?

What does the contract say?
How come he stand as owner still, if you paid it 4 years ago? Didn't you get a document back then confirming you have bought it?

Nakasaad sa rent to own contract na babayaran namin ang property within 5 years pero ayaw nila paabutin ng ganong katagal. Nakalagay sa kontrata na kapag nabayaran ang full amount ay ibibigay ang titulo. Ang payment ay idideposit sa account ng sister nya tulad ng nakalagay sa contract.Ang pinanghahawakan lang namin ay copy ng rent to own contract at ang mga deposit slip ng mga payment everytime na nagbabayad kami monthly, nakafile lahat.

Nakasaad sa rent to own contract na babayaran namin ang property within 5 years pero ayaw nila paabutin ng ganong katagal. Nakalagay sa kontrata na kapag nabayaran ang full amount ay ibibigay ang titulo. Ang payment ay idideposit sa account ng sister nya tulad ng nakalagay sa contract.Ang pinanghahawakan lang namin ay copy ng rent to own contract at ang mga deposit slip ng mga payment everytime na nagbabayad kami monthly, nakafile lahat.

Do you mean you HAVE the contract, which say it's a rent-to-buy deal?
If so. you just need to refer to that contract.
What do the other say about that?

Yes, we have the rent to own contract signed by them. We ask the orig title and absolute deed of sale to them but she told us she is will be the one to process the transfer of title there in canada, yet there is a Phil Consule. She informed us the computation and amount in philippine peso is 173,500.00 but then I started also inquiring here in cityhall-assessor ofc. A big difference, assessor ofc computation is only 86,000.00 that's why my husband and I decided to process the transfer here in the phil. We ask them to send to us the documents like original title and deed of sale and we are the one will do the transfer but she told us that the when she inquires that property is recorded as foreign property and she cannot take it off. They decided to return our money. Returning our money in the way that we paid the property and less 3,000.00 for our rent, she says. That's a big "NO" to us.

Because you don't agree, that's breaking the contract.
It's hard to get demands from them, because they are in Canada,
BUT the property is in Philippines

I don't know if it's possible in Philippines, but at least it's possible to question in court who the property belong to, Try to BLOCK their possibility to sell the property by get a NOTE in the register that YOU claim the property. Perhaps someone here know better how. If not, then you can ask the property register, and the baranggay Captain.

Sad to say, until now they are not answering our email. Kapag nilaban namin sa kaso may habol ba kami?First, di sila tumupad sa usapan na nakasaad sa rent to own contract na once nafully paid ibibigay nila ang title. Second, gusto nila ibalik ang pera sa kung paano kami nagbayad at may 3,000.00 na less for rent daw namin. Ano ang the best na gagawin namin laban sa kanila?

I suppouse notarisation and REGISTER deals involving property are to prorect THIRD party (=if they try to sell to other)
and make it easier to prove if it become a vourt case.

elmaperez1980@yahoo.com wrote:Ano ang the best na gagawin namin laban sa kanila?

1. Try to BLOCK in the register so they can't sell.
2. Prepare to file an estafa. I don't know if your type of case have to go to the baranggay captain before it can go to court, but I suggest you go there anyway, because perhaps he give you useable advice (and perhaps even judge in the case, but I don't believe so.)
Then file an estafa. (Tell the other part FIRST. Perhaps they give up then.)
If they try to sell anyway, it can become a FRAUD case. Then they risk to be taken by police when they go home to visit the Philippines...

You better HURRY make precoursions so they CAN'T SELL. (=Third party can see in the register it's claimed by you. Then third party can't claim they didn't know.)
When their sell possibility is blocked, then you aren't in a hurry, because you have to access to the property allready anyway And property tax demands will go to THEM But you will probably end up needing to pay the property tax anyway, because such depts need to be settled before transfer of owner document are approved by the government.
Have you paid WHOLE and can prove it?
If you can prove you have told them to transfer the documents, I would stop paying them any rent. Then you can live there for free (But as I wrote, you will probably end up paying the property taxes anyway WITH their punishment fee, so you can think of if you want to REGISTER you are the propert tax payer and start paying the property tax. I don't know what type of ownership your property have, but for SOME property types paying tax for the property long time can become enough to get the owner documents transfered to you later. (But then we are talking about at least 10 years.)

Wala pa din sila sagot, kailangan pa ba namin antayin ang sagot nila sa email namin?( nainform namin sila na di kami papayag sa gusto nilang mangyari sa pagsuli ng pera at babawasan pa ng 3,000.00 as rent). Do we need to follow up them?

elmaperez1980@yahoo.com wrote:Wala pa din sila sagot, kailangan pa ba namin antayin ang sagot nila sa email namin?( nainform namin sila na di kami papayag sa gusto nilang mangyari sa pagsuli ng pera at babawasan pa ng 3,000.00 as rent). Do we need to follow up them?

I don't understand Tagalog godd, so I'm not sure I understood what you mean.
/You need to hurry make so they can't sell to anyone else. =Try to get note in the register you claim it isn't theirs.
/You don't need to wait for their email answer. Best AFTER you have blocked in the register, but BEFORE you file an estafa, you can mail them you will file an estafa against them if they don't transfer the property to you. Then you can wait a SHORT while - 1 - 2 weeks - to give them chance to answer, because it's much harder to solve things through court, so better for them too, if they solve it to avoid they will risk jail... So it can be worth waiting a short time to give them chance to answer THAT mail. DON'T tell them what you have done to block, just tell them you have blocked so they can't sell, and will file an estafa against them, if they don't give you the needed documents soon.

I went to barangay this afternoon and they told us to go to attorney for further information. Thank you very much for your help. . . God bless

You are welcome.

Make sure the attorney HURRY to make the BLOCK, so the property can't be sold to anyone else without they know it's yours.
Still try the email telling you will file an estafa, if they don't transfer the documents soon. It's risk an attorney want to jump direct to file the estafa, because the attorney earn more by that while it's better for YOU if it can be solved WITHOUT going to court Court cases takes years normaly...