We finally bought a lot! Sharing here our step-by-step process until matransfer sa name namin ang title
[EDITED with additional info] Few months ago, I posted here sa reddit regarding "clean title" kuno na lot pero may mga hidden problems pala. This was our first purchase, and may mga times na nagdoubt ako if I was being too strict, but thank God I followed through with my criteria and didn't settle for less. Finally, narelease na yung new title under our name. So, sharing here our step-by-step process for first-time real property buyers like us.
BEFORE PURCHASE
- Visit the location. In our case, within subdivisions talaga yung hanap namin so meron lang kaming 4 shortlisted locations. Binisita namin lahat ng available lots and considered the following: safety/security, if hindi bahain, amenities, and just the overall vibe ng lugar and possible neighbors. Pag gusto namin yung lot, saka kami magpoproceed sa due diligence para hindi sayang ang request ng docs.
- Conduct due diligence. We encountered agents na nagsabing "may magbabayad na po nyan bukas, mas maganda kung mauunahan nyo po." One thing we made sure ay hindi kami magshoshortcut sa due diligence kahit maunahan man kami ng ibang tao. Documents that we check:
- Certified true copy of TCT - pwede irequest online. Make sure to request this kasi I encountered a lot na naisangla pala sa bangko at hindi natanggal yung annotation
- Tax declaration - dapat nakapangalan na sa owners.
- Real property tax - check if updated ang taxes
- HOA dues, if within subdivision. The lot we bought had 80k+ arrears sa dues but declared naman ng owners. Deducted sa total price at kami nalang nagbayad directly sa HOA
- When in doubt, consult lawyers. I booked several online consultations with lawyers just so we can go over the documents. Surprisingly affordable - P600 for 30mins. Eto yung situations that we encountered na hindi ko sure ang gagawin so nag-consult kami:
- Really affordable lot being sold by the wife. Meron syang Court Order of Presumptive Death dahil 7 years na nawawala ang husband nya. May anak sila pero minor so couldn't sign the documents, meron din syang Affidavit of Guardianship. Too complicated for us.
- Lot co-owned by same-sex partners. Naghiwalay, and nagbayaran for full ownership of Partner 1. Hindi trinansfer ang title. Now, partner 1 is married and is trying to sell the lot. No contact sa partner 2.
- Lot owner is listed as single. I know na hindi requirement sa transfer ang cenomar, but I asked for one. Turns out she's married but separated. They were insisting na it wouldn't matter because single naman sa title, but we opted to back out na.
DURING PURCHASE
- Meet at a notary public of YOUR choice. In our case, naghanap kami ng may lawyer talaga na haharap samin. Ininterview both parties ni Atty and he checked the documents bago sya pumirma. We paid 1% ng selling price.
- As much as possible, pay via manager's check. We tried to do this, but seniors na yung owners and not very familiar with this. They wanted cash talaga. We paid them inside our car after having everything signed. Documents for turnover: Owner's copy ng TCT, tax clearance or amilyar, tax declaration, TIN details of the seller. If walang copy ng amilyar at tax declaration, madali lang din sya irequest sa Assessor's office.
AFTER PURCHASE
After the sale, I went to the assessor's office and requested for a Certificate of No Improvement (3-5 days). I had to provide the transportation sa mag-iinspect so hinatid sundo ko sila sa city hall haha don't know why
I went to the BIR for the computation of CGT and DST. Capital Gains Tax (6%) should be paid within 30 days of notarization and Documentary Stamp Tax (1.5%) must be paid on or before the 5th day of the following month. Here are the documents needed sa BIR. Ibinalik din eto after computation. Inabot ako ng maghapon dito.
- Notarized Deed of Absolute Sale and acknowledgement receipt
- Certified True Copy of TCT
- Tax declaration
- Real property tax clearance and/or receipt
- Valid IDs
- TIN
- Colored photos of the lot
- Certificate of no improvement
Upon securing the computation sheet, proceed sa bank to pay.
Return to BIR and submit the documents along the receipt of tax payments from bank. ECAR was released on the 7th working day.
Went to the City Treasurer's Office to pay the transfer tax. 0.5% of the acquisition cost
Went to the Registry of Deeds for the transfer of title. Paid 9,000 here and waited for 21 working days. May online tracker din silang prinovide to monitor the status.
Additional: After receiving the new title, we requested for a Certified True Copy ng new title under our name, at ng old title na may nakalagay na "Cancelled." Need to sa transfer ng tax declaration.
Went back to the assessor's office and requested for the transfer of tax declaration. Need dito ang DOAS, yung new title under our name, cancelled title ng previous owner, and tax clearance. P35 lang binayaran namin and the new tax dec was released in 7 working days.
Overall, it took us about 2 months from the date we paid the lot until natransfer ang title. In addition to the price of the lot, we spent 10% pa for all the other fees, so make sure na hindi sagad ang budget pagkabayad ng lot. Sobrang fulfilling after, especially gusto ko rin talagang matuto kaya pinilit ko makapaglaan ng time mag-asikaso. Sorry for the long post but I hope this can help someone like me before na sobrang lost sa process.