TOPIC: contract to sell-buyer died

contract to sell-buyer died 6 years 20 hours ago #14373

  • wilma
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:cheer: Good Day!

there is a contract to sell b/n the owner of the house and lot and the buyer as installment basis. while paying the obligation to the owner, the buyer died after how many years, what will happen to the contract? What will happen to the payments she gave to the seller? What is the legal action on the part of the seller? and also the buyer"s family? Thank You so much :)
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contract to sell-buyer died 5 years 11 months ago #14410

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If a party to the contract to sell dies, the contract loses its validity.

The payments made to the seller may be returned by interposing a claim against the estate of the deceased without prejudice to the heirs making a new agreement to revive the contract to sell.

The heirs and the buyer may agree to mutual restitution or agree to execute a new contract to sell amongst them.
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contract to sell-buyer died. 5 years 11 months ago #14417

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:) good day! Atty. libayan!
Thank you so much for your very informative explanations....
This is the follow up questions...
1. gaano po kalake ang dapat ibalik ng seller sa naiwang pamilya ng buyer? Ang total principal lang po ba kc may interest po kada buwan na syang ibinabawas sa payments?
2. May insurance po ba na kapag may nangyari na masama sa buyer na nagresulta sa pagkabaldado o tuluya ng namatay ang seller; ang insurance po ang magbabayad sa seller sa natitira utang ng buyer. Ano po kayang tawag dun sa insurance?
Kasi po may naririnig akong kapag namatay ang seller habang may contract to sell e ang bahay at lupa ay mapapapunta sa tagapagmana? At di na mababyran pa kung ano ang natitirang bayarin.
3. Totoo po ba ito....
Kmi po ang seller at ang kaibigan ko namn po ang buyer. Hiwalay po sila ng asawa nya ngunit may mlalake ng mga anak.
4. Mahal po bang magpagawa ng documento ng contract to sell? Nais ko po sanang magpagawa at nakasaad din yung mga tungkol sa mga tinatanong ko. Maraming salamat po!
Last Edit: 5 years 11 months ago by wilma. Reason: Addtl questions...
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contract to sell-buyer died. 5 years 11 months ago #14474

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1. Mutual restitution lang po. Huwag na po interest kasi po yung avoidance ng contract e wala sa parties.

2. Yung mga natititrang bayarin ay pwede habulin sa estate o mga natirang ari arian ng namatay. Yung sa insurance naman, depende sa pinag usapan yan.

3. Refer to no. 2

4. Punta po kayo sa abogado, di naman po mahal.
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