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TOPIC: contract to sell

contract to sell 4 years 4 months ago #15427

i'd like to seek advise
i entered into a contract "contract to sell"
wherein i'm the buyer and the other person whom selling a house and lot.
the said property was offered to me by them, and encouraged to help me process it thru pag-ibig housing loan.

i resource out all documents needed in order to apply for a housing loan, including noratized certificate of employment with compensation, bir 2316, community tax certificate, latest copy of payslip and the last we entered into a contract "contract to sell" which is to needed to apply for pag-ibig housing loan, the said contract is signed by me and by the seller of the property.

I found out yesterday that they dont want to sell the property anymore to me.
I know that they have the right whom to sell their property.
But it disappoint me, wherein i have already incurred expenses for resourcing the paper/documents needed, the time i needed to produce those papers, wherein i should be working and earning money for myself, and the worse, it took my valuable time studying the matter and gathering those required documents.

Added to this, the contract does not state for how long i a going the process the filing of housing loan application since i'm working in shift. and those include Saturday and Sunday.

since the "contract to sell" is public notarized by attorney,
1. is the contract already void and no use anymore since they refuse to sell the property to me anymore?
2. Am i protected by the said contract? What rights do i have?
3. is there anyway i could claim back those expenses ?
4. How do a contract expire, void or no use at all?

Please help.
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contract to sell 4 years 3 months ago #15606

  • Atty. Libayan
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1. The contract is still valid and binding until it is cancelled by the parties. One party alone cannot cancel the contract.

2. Yes of course. If there is breach, you have the right to cancel it or ask for specific performance. The person who violates the contract maybe liable for damages.

3. Yes, ask for damages. If they will not give it to you voluntarily, file a case in court.

4. A contract may expire if it has an expiration indicated therein. A contract is void if there are defects in it rendering it void.
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contract to sell 2 years 1 month ago #17584

  • Ryann
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Good Day Po Atty. Libayan, my case is similar to this.
but for me.. kami po yung seller, yung prospect buyer po namin yung hindi tumupad sa ginawa nilang sulat kamay na contrata. ang nakalagay lng dun ang ang pagtanggap sa paunang bayad na 80K. ngayon po umatras na po sila ang sabi hindi na daw nila bibilhin yung property namin at sinisingil nila kami nang mahigit 100K dahil sa umabot na po nang ilang taon na paghihintay namin na makompleto nila yung bayad pero wla na po silang binabayad samin. ngayon po nangangamba kami dahil nasa possition po nila yung orihinal na titulo. ang tanong ko po...
1. posible b na mai transfare nila sa pangalan nila ang titulo?
2. posible rin b na mapapaalis kami sa propety namin gayun hindi naman nila binayaran nang buo.
3. dapat b namin bayaran yung claim nila na halaga nang pera? dahil kasama na raw yung interest.
4. pwede b kaming magFile nang damages sa kanila kasi hindi namin maibenta sa iba kasi nasa kanila yung orihinal na titulo?
Note: yung property po namin ay award po nang Govt. nakalagay po dun " NON TRANSFERABLE" yung pangalan.
5. posible b nilang pagawaan nang Deed Of Sale na hindi namin nalalaman?
6. Ano po ba dapat namin gawin gayung hindi na po namin mahagilap yung buyer.
please po Atty. Thank you in advance...
Last Edit: 2 years 1 month ago by Ryann. Reason: misspelled word and additional question.
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