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DAGSAAN MONTERDE CASTILLO LAW AND NOTARY PUBLIC

DAGSAAN MONTERDE CASTILLO LAW AND NOTARY PUBLIC

Imus, Philippines

Founded in 2022
5 people in their team
About UsAt DAGSAAN MONTERDE CASTILLO LAW, we not only offer legal expertise but also a commitment to addressing the multifaceted legal needs across...
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Philippines Commercial Real Estate Legal Questions answered by Lawyers

Browse our 1 legal question about Commercial Real Estate in Philippines and the lawyer answers, or ask your own questions for free.

Is it allowed to change from tax declaration to titled? Can I buy a right of way at least 4 meters wide ?
Commercial Real Estate
Real Estate
Real Estate Contracts and Negotiations
Real Estate Due Diligence
Tax
This type of transaction is what we do every day - Estate Settlement, Right of Way, and Lot Acquisition/Registration. Please call us at directly

About Commercial Real Estate Law in Imus, Philippines

The city of Imus, located in the province of Cavite, offers dynamic opportunities for commercial real estate investment. Commercial real estate law in Imus, Philippines, involves the regulation and implementation of laws pertaining to the sale, purchase, or lease of commercial properties. This includes offices, retail establishments, warehouse spaces, or special purpose buildings. These laws are crafted to safeguard the interests of buyers, sellers, landlords, tenants, and real estate developers by stipulating guidelines for transactions, clear titles, zoning, and land use regulations among others.

Why You May Need a Lawyer

Commercial real estate transactions are often complex and involve significant financial investments. Here are a few situations where legal advice from a specialized commercial real estate lawyer would be beneficial:

  • Contract Negotiation: A lawyer can help draft and review real estate agreements to ensure your interests are protected.
  • Disputes: Resolve landlord-tenant disputes, title disputes, property boundary issues, or disagreements with developers.
  • Due Diligence: Lawyers can assist in evaluating potential risks before a transaction, ensuring a thorough investigation pertaining to the property's history, zoning, land usage, and environmental issues.
  • Zoning and Land Use Issues: An understanding of local zoning regulations is crucial to ensure that your intended usage for the property is permitted.

Local Laws Overview

In Imus, like the rest of the Philippines, commercial real estate is governed by the Philippines' Civil Code and the Real Estate Service Act. Noteworthy aspects include:

  • Ownership: The Filipino Constitution restricts land ownership to Filipino citizens and corporations with at least 60 percent Filipino shareholding.
  • Zoning and Land Use: Zoning regulations are maintained by the Local Government Units (LGU) which classifies areas into residential, commercial, agricultural, or industrial zones.
  • Tenancy Rights: Philippine law provides rights for tenants such as eviction laws, rental price restrictions, and requirements for security deposits.

Frequently Asked Questions

1. Can foreigners own property in Imus, Philippines?

Foreign nationals are prohibited from owning land but they can own buildings, condominium units, or townhouses as long as the land where it stands is not owned by them.

2. What are the common disputes in commercial real estate?

Common disputes might involve lease agreements, property management issues, insurance disputes, and disagreements concerning repair and maintenance responsibilities.

3. Can a commercial lease agreement be verbally agreed upon?

While verbal agreements can be legally binding, it's strongly recommended to place all commercial lease agreements in writing to provide clear proof for what was agreed upon.

4. How are zoning regulations important for my commercial property?

Zoning regulations can limit how you use your property and can greatly impact its value. Knowledge of any zoning restrictions is vital in your purchasing decision.

5. What Responsibilities does a commercial landlord have?

The landlord is typically responsible for repairs outside of the leased space and for keeping common areas clean and safe.

6. What is Due Diligence?

Due diligence is a process of examination of all material facts of a transaction or a property before finalizing a purchase.

7. What are my rights as a tenant?

Tenants have various rights like the right to a habitable premise, the right to privacy, and the right against unjust eviction.

8. Can I renegotiate my lease contract due to unforeseen circumstances?

Lease contracts can be renegotiated, but it requires the agreement of both parties. If the lease does not have a force majeure clause that covers unforeseen circumstances, there might be an uphill task in renegotiation.

9. Can zoning regulations change after purchasing a property?

Zoning regulations are subject to changes by the LGU based on the approved city or municipal zoning ordinance.

10. What could be hidden costs in commercial real estate transactions?

Hidden costs could include maintenance issues, property taxes, insurance, and renovation costs to comply with zoning regulations.

Additional Resources

Entities like the Imus City LGU, Department of Agrarian Reform, and the Philippines' Land Registration Authority provide resources pertaining to commercial real estate. Workshops and courses provided by the Philippine Association of Real Estate Boards Inc. also offer deep insights into the field.

Next Steps

If you require legal assistance in commercial real estate transactions, ideally, find a good lawyer who specializes in this field. Research potential lawyers thoroughly, check their credentials, experience, and references. Once you have selected a lawyer, arrange a meeting to discuss your case, understand the scope of their services, and determine their fees.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.