Magkaiba ang lot area sa copy of title at contract to sell

anonymous
This person has chosen to hide his/her identity.

Ano ang dapat gawin kapag iba ang lot area ng nasa contract to sell at titulo? Maaari ko po bang i-refund yung mga binayad? Currently, under two months no interest ang binabayaran ko. Maraming salamat po.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Well, you did not give me a lot of facts. But, a transcript certificate of title is more authoritative than a contract to sell. So, ang description ng lupa sa titulo ang controlling. Kung mas malaki ang nasa contract to sell, kung kaya't mas malaki ang iyong binayaran kaysa sa nasa titulo ng lupa, you can ask for specific performance -- na ang ibigay sa iyo ay iyong number of square meters na iyong binayaran. So, bukod sa titulo na nasa iyo na, dapat, magpa-gawa pa sila ng titulo para doon sa labis na binayaran mo.

or, you can just ask for a refund of what you paid that was over and above what the title reflects as the size of the lot that was actully ceded to you. If you consult a lawyer, you will need to get a geodetic engineer to conduct a survey to really check how big the lot was that was sold to you. This will have to be compared with the subdivision plan and the plan that was approved by the HLURB (kung subdivision ito) or the Bureau of Lands. Para malaman kung ano ang may mali, kung ang contract to sell nga ba or an titulo. Kasi, nagkakamali din naman ng typing minsan, eh.

You really need a lawyer to sort all these things out. You need to give the lawyer copies of all the documents in your possession so that the lawyer can make a proper evaluation of your case. I cannot do it here.
Rachelle Dela Cruz
is in the Philippines
Attorney maraming salamat po sa iyong oras. Pasensya na po sa maikling detalye. Dineretso ko na po kasi sa tanong. Hindi ko pa po nababayaran ng buo. Wala pang dalawang taon ko siyang hinuhulugan. Ang alam ko po kasi 208 na yun ang nakalagay sa contract. Nag-decide lang ako kumuha ng copy ng title after a year. Then, nakita ko na magkaiba ang lot area. Maaari ko po bang i-refund yung binayad ko kasi masyadong malaki ang dinagdag sa lupa.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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