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BATASnatin The Firm Free Legal Advice Philippines Forum :: Topic: Contract of Sale (1/1)

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TOPIC: Contract of Sale

Contract of Sale 5 years 3 months ago #14831

  • Em
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Hi Atty,

Last April 2014, I entered into a Contract of Sale.

I already gave the 100k as initial payment for the lot, and the remaining balance will be applied thru financing. The seller agreed with this set-up. When I got the approval from bank, I was not aware that as per bank's process, the title has to be transferred under borrower's name first and then only after the bank's annotation (which will take around 2 weeks), that's the only time the payment check will be released. The bank initially provided a letter of guaranty which was already given to seller.

However, the seller did not agree with the bank's process, and is not willing to transfer the title under the borrower's name without receiving the actual payment.

As per the contract that we both signed, the agreement only indicated two items: 1) the date when the initial payment was received; 2) deadline when to pay the remaining balance. It is not stipulated in the contract re: specific mode of payment to use. However, they are aware that I will apply the remaining balance thru financing, that is why they accepted the 100k and they provided me the copy of title transfer and copy of tax receipts. I just believe that both parties did not expect re: the bank's process. As buyer, I will shoulder the transfer expenses, which was previously agreed, but then it was not stipulated in the contract also.

I understand the seller's hesitation regarding the bank's process, however as a buyer, I also did not expect this to happen. Because as per my previous experience, when we bought the condo, the bank directly released the bank guaranty to the developer and payment was made to them. I did not expect that this would be a different process.The seller now claims that this is not stipulated in the contract.

If I knew that this is the process and the seller won't agree to this, then I would not push with the transaction. I told them that if they cannot agree with the bank's process, then can we just cancel the contract and refund to me the 100k.

Now, I only want to refund the 100k that I gave to them and not push with the sale. However, they have been uncooperative, and do not reply with my email, text messages and don't even bother to answer my call, and they don't accommodate my request to talk and discuss this matter in person. It has been more three (3) months when this issue started, and until now I still cannot get a concrete response.

The property is not in my possession also. And I do not want to pursue with the sale anymore.



The lawyer who prepared and notarized the contract was the seller's father-in-law
The agent of the property was the seller's brother (previous banker, so he is aware with the bank's process)
And when this issue has arisen, the seller told me that her SPA was his brother-in-law (son of the lawyer), and I should talk to them instead. But they do not bother to talk to me.


Is it possible to rescind the contract and refund the initial payment that I gave to them? How? Since they are uncooperative. And I felt that they are not exerting any effort to help me resolve this issue. I'm thinking of the time that passes by and the opportunity that I have been losing if I just used the said money to other ventures instead.


...... what can i do? need your opinion attorney regarding this matter. More Power and God bless!:)
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Contract of Sale 5 years 3 months ago #14842

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What you need to do is to give them a final demand in writing asking for the refund of the payment you made. Since none of you are at fault, then there should be mutual restitution.

If they fail to return to you your money, you have no choice but to bring the case to court.
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Contract of Sale 5 years 3 months ago #14853

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Hi attorney, thank you for the response. The first letter that I gave to them is a request for us to meet in person and discuss this matter, and arrive with a win-win decision. And then I sent a follow-up email. After all the efforts I have made, they did not seem to bother. I have already lost my faith that they will cooperate and settle this issue.

I would like to know my position before I decide to bring this matter in court. I believe that they should return the 100k payment, since the sale was not completed. And the property is not in my possession also. It is my right to demand for a full refund of the initial payment I made. Is this correct?

I have been hesitant on what should I say to them, since the lawyer is the seller's father-in-law. And I believe that seller's choice of keeping silent and not responding might be an advice to her. But my conscience is clear and I have saved the exchanged text messages that we had before we agreed to enter into the contract.

If in case I gave them a final demand letter, and they do not respond, Do i need to bring this to barangay first, or Can I just file it directly to court?Thanks.
Last Edit: 5 years 3 months ago by Em.
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Contract of Sale 5 years 3 months ago #14868

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Yes, I suggest you bring the matter to the barangay first, it is a good venue to reach an amicable settlement.

After the Barangay you can go to the courts.
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