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buying a real property in the Philippines.?
My mom wants to buy some land in Cebu City, Philippines. I work in a title company over here in Kansas but I'm not sure how it's done over there. I've done some research and I find it to be a lot more COMPLICATED and time consuming and corrupt?. LOL
My mom has already signed an agreement with the seller and she's given a downpayment to them. According to the agreement the final deed of sale will be executed after the full payment is received.
This agreement was prepared by an attorney. Now my question is, would the attorney know the history, the chan of title and can tell me of any defects, liens or judgments against the property or owner? We were given a subdivision plan which shows the plat but we are still concern by the real width of the land. You know if we would have enough space to build a house on it. LOL
My mom plans to buy another land later much MORE expensive than this. I thought we should tell her to see how this one work out first before she can buy the other property. I mean this one isn't going to hurt us a lot but if we get scammed on the next one, I'm sure we'd be DEPRESSED. LOL
Will you please tell us how it's done over there and give us some suggestions/input. What do we need to after making the full payment and wait for the execution of the deed of sale? Will it be recorded right away? Will it be in escrow or something too in the meantime? How long does it take til my mom gets a CLEAN title?
Yes my mom is a Philippine citizen.
1 Answer
- oneiloilokanoLv 71 decade agoFavorite Answer
To start with forget everything you know about deeds and land titles.
Secondly Land fraud is so common here it should be listed as a national pastime. (no kidding).
Last but not least I would need to send you an e mail listing all the procedures and things to watch out for buying land here.
But basically if she is buying a subdivision plot, generally most are reputable with some exceptions main things are:
1. Is your mom a Philippine Citizen ? If not she cannot own land here period. Foreigners cannot own land here, only condo's.
2. You need to actually see the subdivision. If it's less than 50% occupied there is a good chance it will fail and the property will be worth less than half of what you paid for it. Look for things like an existing clubhouse, tennis courts or other ammenties. Most promise that and have nice broshures showing big clubhouses and swimming pools etc. If it's not there when you buy the lot, chances are less than 50/50 they ever will be.
3. It literaly takes years to get a case in court for land fraud. That is providing they just don't run away and move to another part of the Philippines with your money.
4. If everything is legit, it should take aprox 8 weeks to get the "deed of absolute sale". The seller pays capital gains tax and any back property tax at closing. They also pay the 3-5 % real estate brokers fee. The buyer pays the title transfer fees.
5. We are just now resolving a court case in which our family lawyer withheld the deed of sale from us for 7 years becuase his partner pawned our lot !
Buying property outside of a subdivision has allot more pitfalls and there are many things that have to be done here differantly when building a home.
Source(s): My wife owns 2 houses and 3 properties. I am a US Citizen and can own nothing. Living in the Philippines since 2002, USN Retired. Part time realator for a subdivision here in Iloilo City Philippines.