Buyer's Guide Section

Properly transferring a real estate title in the Philippines is a critical step to ensure legal ownership and avoid future disputes. This process can be complex and time-consuming, but it is essential to prevent any potential legal issues and financial losses. Here's a simplified guide to help you through the process and ensure a smooth transition of ownership.

𝗣𝗼𝘁𝗲𝗻𝘁𝗶𝗮𝗹 𝗣𝗿𝗼𝗯𝗹𝗲𝗺𝘀

𝙐𝙣𝙧𝙚𝙜𝙞𝙨𝙩𝙚𝙧𝙚𝙙 𝙎𝙖𝙡𝙚𝙨: If a property sale isn't registered and the title isn't transferred, future disputes can arise, especially if the original parties pass away.

𝙄𝙣𝙘𝙤𝙢𝙥𝙡𝙚𝙩𝙚 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨: Purchasing a property without verifying all documents can lead to issues if supporting documents are missing.

𝘾𝙤𝙧𝙥𝙤𝙧𝙖𝙩𝙚 𝙎𝙖𝙡𝙚𝙨: If a corporation sells a property but dissolves before the title transfer is complete, the buyer may face difficulties.

𝗦𝘁𝗲𝗽-𝗯𝘆-𝗦𝘁𝗲𝗽 𝗚𝘂𝗶𝗱𝗲

𝙄. 𝙋𝙧𝙚𝙥𝙖𝙧𝙖𝙩𝙞𝙤𝙣

1. 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨 𝙛𝙤𝙧 𝘿𝙚𝙚𝙙 𝙤𝙛 𝙎𝙖𝙡𝙚:

• Deed of Absolute Sale

• Acknowledgment of Payment

• Affidavit of Non-Tenancy (if applicable)

• Affidavit of Land Holdings (if applicable)

2. 𝙎𝙞𝙜𝙣𝙞𝙣𝙜 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨:

• Both parties sign the Deed of Sale and Acknowledgment Receipt.

• Seller signs the Affidavit of Non-Tenancy (if applicable).

• Buyer signs the Affidavit of Land Holdings (if applicable).

3. 𝘼𝙙𝙙𝙞𝙩𝙞𝙤𝙣𝙖𝙡 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨

• 2 government-issued IDs of both parties

• Tax Identification Number (TIN) of each party

• Original Owner’s Duplicate of Title

• Marriage Contract (if applicable)

• Previous Certificate Authorizing Registration (CAR)

• Tax Declaration

• Real Property Tax (RPT) Receipts

• Special Power of Attorney (SPA) if applicable

4. 𝙉𝙤𝙩𝙖𝙧𝙞𝙯𝙖𝙩𝙞𝙤𝙣: Notarize all signed documents.

𝗜𝗜. 𝗣𝗮𝘆𝗺𝗲𝗻𝘁 𝗖𝗼𝗺𝗽𝘂𝘁𝗮𝘁𝗶𝗼𝗻𝘀 𝗮𝗻𝗱 𝗖𝗲𝗿𝘁𝗶𝗳𝗶𝗲𝗱 𝗖𝗼𝗽𝗶𝗲𝘀

1. 𝘽𝙪𝙧𝙚𝙖𝙪 𝙤𝙛 𝙄𝙣𝙩𝙚𝙧𝙣𝙖𝙡 𝙍𝙚𝙫𝙚𝙣𝙪𝙚 (𝘽𝙄𝙍):

• Get computation for Documentary Stamp Tax (DST) and Capital Gains Tax (CGT).

2. 𝘾𝙞𝙩𝙮 𝙏𝙧𝙚𝙖𝙨𝙪𝙧𝙚𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:

• Get computation for Transfer Tax and Tax Clearance.

3. 𝘾𝙞𝙩𝙮 𝘼𝙨𝙨𝙚𝙨𝙨𝙤𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:

• Obtain a Certified True Copy of the Tax Declaration.

4. 𝙍𝙚𝙜𝙞𝙨𝙩𝙧𝙮 𝙤𝙛 𝘿𝙚𝙚𝙙𝙨:

• Get computation for Registration Fee and a Certified True Copy of the existing Title.

𝗜𝗜𝗜. 𝗣𝗿𝗲𝗽𝗮𝗿𝗲 𝗣𝗮𝘆𝗺𝗲𝗻𝘁𝘀

1. 𝘿𝙚𝙖𝙙𝙡𝙞𝙣𝙚𝙨:

• CGT: 30 days after notarization of Deed of Sale.

• DST: 5th day of the following month from notarization.

• Transfer Tax: 60 days from execution of Deed of Sale.

• Registration Fee: 1 year from CAR release date + 6 months extension if approved by BIR.

𝗜𝗩. 𝗣𝗿𝗼𝗰𝗲𝘀𝘀 𝗣𝗮𝘆𝗺𝗲𝗻𝘁𝘀

1. 𝘽𝙄𝙍:

• Submit required documents to ONETT for computation.

• Pay DST and CGT at the Accredited Agent Bank.

• Return to BIR to file documents and obtain the new CAR.

2. 𝘾𝙞𝙩𝙮 𝙏𝙧𝙚𝙖𝙨𝙪𝙧𝙚𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:

• Submit Deed of Sale and IDs.

• Pay Transfer Tax and get the Transfer Tax Clearance.

3. 𝙍𝙚𝙜𝙞𝙨𝙩𝙧𝙮 𝙤𝙛 𝘿𝙚𝙚𝙙𝙨:

• Submit CAR, Deed of Sale, and Transfer Tax Clearance.

• Pay the registration fee.

𝗩. 𝗙𝗼𝗹𝗹𝗼𝘄 𝗨𝗽

1. 𝙍𝙚𝙜𝙞𝙨𝙩𝙧𝙮 𝙤𝙛 𝘿𝙚𝙚𝙙𝙨:

• Follow up on the new Title application.

• Once released, file a copy with the City Assessor’s Office.

𝗩𝗜. 𝗡𝗲𝘄 𝗧𝗮𝘅 𝗗𝗲𝗰𝗹𝗮𝗿𝗮𝘁𝗶𝗼𝗻

1. 𝘾𝙞𝙩𝙮 𝘼𝙨𝙨𝙚𝙨𝙨𝙤𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:

• Present the new Title to get a new Tax Declaration.

𝗙𝗶𝗻𝗮𝗹 𝗥𝗲𝗺𝗶𝗻𝗱𝗲𝗿𝘀

• Pay close attention to details to avoid delays.

• Bring original documents when in doubt.

• Be patient due to potential wait times.

Step 1: Obtain a Copy of the Title

• When a real estate agent or landowner offers a property for sale, the first step is to get a copy of the land title.

• Investigate at the Register of Deeds using this copy to ensure the land is free of encumbrances such as mortgages, claims, or other issues. Verify that the copy matches exactly with the records at the Register of Deeds to confirm it is genuine and problem-free.

Step 2: Conduct a Relocation Survey

• Hire a Geodetic Engineer to conduct a relocation survey of the land boundaries.

• Ensure there are no structures or fences from adjacent lots encroaching on the property you intend to buy.

Step 3: Execute a Deed of Sale

• If the land is problem-free, proceed to execute a Deed of Sale or "Contract of Sale".

• Both the seller and buyer must sign the contract, and it must be notarized.

Step 4: Pay Documentary Stamps

• Within one month from the notarization of the Deed of Sale, pay the Documentary Stamps.

• This is a crucial payment that must be made promptly to avoid complications.

Step 5: Pay Capital Gains Tax

• The seller must pay the Capital Gains Tax to the BIR (Bureau of Internal Revenue) because they earned from the sale.

• The BIR will issue a Certificate of Authority to Register, certifying that all taxes have been paid and authorizing the transfer of the title to the buyer.

Step 6: Transfer Fees and Title Transfer

• Once you have the Certificate of Authority to Register, take it to the Register of Deeds.

• Pay the Transfer Fees, which are relatively inexpensive.

The Register of Deeds will surrender the Owner’s Copy of the title, and you will need to wait for the title transfer process to be completed. Continuous follow-up is necessary because the process at the Register of Deeds can take some time.

Following these steps ensures that the land purchase process is smooth and free from legal issues.