About Real Estate Contracts and Negotiations
Real estate contracts and negotiations are legal protocols that establish clear terms and conditions for property transactions. They involve a series of dialogues between the buyer and seller, facilitated often by real estate agents, to reach a mutually satisfactory agreement. This agreement encompasses elements like price, method, and timeline of payment, inclusions, and exclusions from the sale, and potential end conditions.
Real Estate Law in Imus, Philippines
In Imus, Philippines, real estate laws conform to broader national legislation. These include the Civil Code of the Philippines, which governs contracts, and the Real Estate Service Act, which regulates real estate service practice. Both parties in a transaction must negotiate the terms and conditions and ensure they are in par with the law before encapsulating them in a formal contract.
Why You May Need a Lawyer
Engaging a lawyer may be advisable in situations where there's a significant financial impact, potential legal implications, or complex terms. For example, purchases of commercial property, substantial residential estates, or if there are potential zoning issues. Lawyers ensure that your interests are protected, the contract abides by the law and that all potential tax implications are addressed.
Local Laws Overview
The Civil Code of the Philippines requires all real estate contracts to be done in writing to be considered legally binding. The developer or seller must also obtain a registration certificate and a license to sell before engaging in transactions. The Real Estate Service Act mandates that only licensed real estate brokers can negotiate contracts, while contracts with foreign buyers have additional requisites to observe—such as restrictions on land ownership to certain types of properties and limitations on the percentage of the property that they can own.
Frequently Asked Questions
Are oral real estate agreements valid?
Oral agreements can be considered legally binding, but the Civil Code of the Philippines encourages written contracts to secure the enforceability of a contract.
Can a foreigner own land in the Philippines?
A foreigner cannot own land in the Philippines, but they can own buildings, houses, and other forms of real property. They can also hold land through a lease or through a corporation as long as Filipino citizens own 60% of the business.
Does the buyer or seller usually pay for the closing costs?
Closing costs are often shared between the buyer and seller, but this can be renegotiated depending on terms agreed upon.
Can the seller increase the price after agreeing on a price?
Once a price has been agreed upon and a contract has been signed, the seller cannot increase the price unless it was proposed in the contract.
Can I back out of a sale?
Buyers or sellers can back out of a sale during the 'cooling-off' period. However, there may be penalties or forfeits of deposits involved.
Are real estate agents required to have a license to operate?
Yes, under the Real Estate Service Act, anybody who engages in the practice of real estate service must have a proper license.
What protections do I have as a buyer?
As a buyer, you have the right to receive the property as stipulated in the contract and free from hidden defects. You also have the right to require the seller to pay for the registration fees unless otherwise agreed upon.
Can I negotiate the price of the property?
Yes, the price of the property is often a point of negotiation between the buyer and seller.
How long do real estate contract negotiations usually take?
The length of negotiations can vary widely and depend on factors like the complexity of terms and the readiness of both parties to compromise.
Can the seller back out if a higher offer is made?
Once a contract is signed, the seller cannot back out of a sale even if a higher offer is made. Doing so would breach the contract and lead to potential legal consequences.
Additional Resources
The Philippine Real Estate Consultants Association and the National Real Estate Association are key organizations that can provide valuable information about real estate contracts and negotiations. The Housing and Land Use Regulatory Board and the Department of Justice can provide guidance on legal aspects.
Next Steps
If you need assistance with real estate contracts and negotiations, look for a local, licensed attorney or broker. They can provide expert advice, ensure your interests are protected, and navigate any legal complexities. Ensure to seek legal consultation before entering into any contract.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be
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frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
professionals for specific advice tailored to your situation.
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