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TOPIC: Cancellation of Lot Sale

Cancellation of Lot Sale 6 years 2 months ago #4789

  • Grace
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Magandang araw po sa inyo Atty. Here is my second case that needs help.



We are the seller of the lot. A buyer has paid 50% of the total amount. We have given the buyer a Deed of Conditional Sale. For some reason, we want to cancel the sale. Can we just refund the buyer and get the land back? If yes, what is the procedure?

Whoever has knowledge, please share.

Thank you very much.
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Cancellation of Lot Sale 6 years 2 months ago #4811

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If the buyer agrees then you can. If not, you are bound by the contract and cannot rescind it without any valid reason.
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Last Edit: 5 years 11 months ago by Atty. Libayan.
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Cancellation of Lot Sale 6 years 2 months ago #4813

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Maraming salamat po sa tulong nyo.
I am sure the buyer will not agree to give up the lot.
Wala po ba kaming other choice?

I would like to ask another help regarding this issue:


We have more than one property. If the claimant files an adverse claim over one property only, can we continue with the other property transactions? Can we still transfer the name of the decedent owner to ours/ us (the children/heirs)?

Thank you po.
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Cancellation of Lot Sale 6 years 2 months ago #4867

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Of course you still can.
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Cancellation of Lot Sale 6 years 1 month ago #5444

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Thank you so much Atty. I would like to ask another topic:


Our case started when my father passed away in 1988. My mother was the second wife (legally married). My father and his first wife (legally married) didn't have any legal children. My father and and his first wife left several properties. One of the siblings of the first wife tried to evict my mother from the house which she shared with my father. Since she didn't leave, the said sibling sued her. My mother and us (minors then/my sister and I) were the defendants.


Fast Forward...

Sometime in 1995 DECISION was rendered. It stated that We (the defendants) will receive 3/4 share of every party while the heirs of my father's first wife will get the 1/4. On January 1996, DECISION became final and executory. In 2004, DECISION was rendered by the Court of Appeals and was elevated to the Supreme Court by way of certiorari but the Supreme Court dismissed the petition filed by the plaintiffs and the dismissal of the petition became final and executory on Aug. 2005. (Let me add that my mom was a college level; first year first sem). Her courage and educational background were really challenged. The case was revived because we were not able to comply the writs of execution/motions due to monetary insufficiency.)

In 2007, JUDGMENT was rendered through a Compromise Agreement. In 2009, the court granted the motion for Execution filed by the plaintiffs and on Sept 2009 the sheriff was ordered to assist/help execute of Specific Performance (Surveying of Lots).

We have three lots to be surveyed but only 2 were done.

Questions:
1. When is an Entry of Judgment issued?
2. What are the tasks of a Sheriff?
3. Is the cut off for revival 5 years? (am not sure if cut off is correct)
4. Do we (plaintiffs and defendants) need to partition the 3/4 and 1/4 first before
my sibling and I can partition the 3/4 share?
5. We have paid the BIR our 3/4 of the property (estate tax) and are just waiting for the release of the CAR. If we present the CAR and other documents gathered this year, can the REVIVAL be cancellled?
6. Can my sibling and I partition (through extra judicial settlement) the 3/4 share between ourselves?
7. Can my sibling and I transfer the name of our father to our name the 3/4 share?
8. In one of the lots, one of the heirs of the plaintiffs bought part of it (the lot of course belongs to our 3/4 share), she paid the 50% amount, we gave her a deed of conditional sale, but suddenly she filed and adverse claim stating that the said claim be annotated on the tax dec of the referred lot. Part of her claim states that our selling is without their knowledge and consent. Why doesn't she know when she even bought a part of it?
9. We heard from a reliable source that the case will be revived by the plaintiffs. Can it be revived when it is being worked on?
10. I want the one filing the Adverse Claim to pay us damage fees because her claims are incorrect. How can I do that? What is the process?
11. She also demanded a Partition of the said lot (the properties in general)?
12. As for the house, we will pay them the 1/4 amount of the market value per assessment of the City Assessor.
13. If we have the money to pay them, should we wait for them to ask us to pay or shall we pay them directly?
14. One of the heirs of the Plaintiffs built a house on our lot and a case of malicious mischief. We have asked him to appear at the barangay twice for but he never showed up. What should we do next?

Thank you so much Atty. Libayan.
More power to you and your


Grateful Grace
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Cancellation of Lot Sale 6 years 1 month ago #5622

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1. An entry of judgment maybe issued when the judge decides on the case and it became final and executory.

2. The task of the Sheriff is to implement the decision.

3. Revival of what?

4. It depends on the decision.

5. If payment of the taxes is the obligation in the compromise, yes. Otherwise, no because the revival is based on the non-compliance with the compromise agreement.

6. You should include all heirs.

7. You need a settlement of estate for that.

8. I have no idea either.

9. Yes.

10. File a case in court.

11. Well...

12. Ok...

13. Depends on the agreement.

14. Get a Certification to File Action then file the case in court.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
Last Edit: 5 years 11 months ago by Atty. Libayan.
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