looking to buy land in Philippines and build my house

Keiths New member

7POSTS

8 years ago

Very true, as always, someone tries to turn these forums into profit making ventures with some misleading statements, funny how they always seem to have a "product" To offer at a cost.

1 member reacted to this post

lasvegan Serial expat

616POSTS

8 years ago

#242

***

Moderated by Bhavna 8 years ago
Reason : Off-Topic
We invite you to read the forum code of conduct

Vincent Claud Member

3POSTS

8 years ago

#243

Head Ache reading so much,

Can any one brief a simple way in buying a condo or lease a property.

What if we buy a land or house on a trust worthy friend and he/she give us the power attorney or lease , is it possible?

kindly let me know.

Calif-Native VIP Member

512POSTS

8 years ago

#244

@ Vincent Claud,

On an important topic as this, one needs to be aware of the many topics covered and if learning the topics outlined by so many here in expat is to much and or causes head aches … perhaps desiring to obtain property here in the Philippines (without learning the legal details) should not be considered.

However, a sImple/brief set of facts follow:

- A proper lease does not involve a POA.

- A proper lease will survive the lessor 's death.

- A 25 year lease with option for another 25 years is a safer and common option.

Doing a proper lease is wise.

Note" 50 years + 25 years typically is not an option for expats.

- A POA can be considered "self-helping" or "self-dealing" and will not survive a death or a revocation by either party. Understand "Fiduciary Duties" and review the common definition of:

A fiduciary is a legal or ethical relationship of trust between two or more parties. - Doing a POA to sit on land is not wise.

- You (a foreigner) can't legally buy land or have your name on the Deed of absolute sale as purchaser - Doing any docs that show you as purchaser or owner is not wise.

- A condo with a CCT can be purchased/owned by a foreigner in his/her name without any 3rd party (trusted or otherwise), if there are no more than 40% foreigners currently as unit owners - Only considering a new unit with a current occupancy permit is wise.

Good Luck

1 member reacted to this post

Vincent Claud Member

3POSTS

8 years ago

#245

Dear Calif,

Thanks for the informative honest statements, I will think and plan over to look into a condo unit then.

Aldo ViP

1032POSTS

8 years ago

#246

Hello everyone,

A new member registered today on the forum proposes to sell his house in the Philippines.

She put an ad on the forum (French section).
This is the link https://www.expat.com/fr/immobilier/asi … endre.html

Cordially,

Aldo

Okieboy Serial expat

659POSTS

6 years ago

#247

You cannot lease from your wife

1 member reacted to this post

Okieboy Serial expat

659POSTS

6 years ago

#248

But lease is the way to go if you want land in your name for a period of time, there are laws dealing with property rights for Filipinos who have foreign partners that pass away,her or his part is determined by Filipino law and the foreigner is on the bottom of the list

1 member reacted to this post

Calif-Native VIP Member

512POSTS

6 years ago

#249

@ Aldo,

I suggest you let the seller post their wises in English, if the idea is to get any attention from expats here. Please also note the follow areas where some may consider your post to be the foundation of a scam:

1. How can such an announcement be taken serious when you state: "A new member registered today on the forum proposes to sell his house in the Philippines." [Note the word HIS]. Then you state: "She put an ad on the forum (French section)." [Note the word SHE]. What is the gender of the so-called owner or is it unknown?

2. If this person truly owns a house in the Philippines are they a citizen of the Philippines?

3. If they own the house are they also owners of the land the house sits on?

4. Why would a Filipino owner of a house place an add in the French expat section?

The above makes both you the person posting, and the seller or the person listed by you, to be very suspect. Please note the ad section for such posting.

2 members reacted to this post

bratché Serial expat

242POSTS

6 years ago

#250

Calif-Native wrote:
@ Aldo,

I suggest you let the seller post their wises in English, if the idea is to get any attention from expats here. Please also note the follow areas where some may consider your post to be the foundation of a scam:

1. How can such an announcement be taken serious when you state: "A new member registered today on the forum proposes to sell his house in the Philippines." [Note the word HIS]. Then you state: "She put an ad on the forum (French section)." [Note the word SHE]. What is the gender of the so-called owner or is it unknown?

2. If this person truly owns a house in the Philippines are they a citizen of the Philippines?

3. If they own the house are they also owners of the land the house sits on?

4. Why would a Filipino owner of a house place an add in the French expat section?

The above makes both you the person posting, and the seller or the person listed by you, to be very suspect. Please note the ad section for such posting.

you are right, and it seems like it has been removed before i get the chance to read it.
About Aldo, i have no doubt
he used to be the admin of the french forum.

Okieboy Serial expat

659POSTS

6 years ago

#251

Foreigners cannot own land period, if your married and have land her part is covered By Filipino law who gets what your way down the list

bratché Serial expat

242POSTS

6 years ago

#252

that s right...
If you would really buy a land and put under a filipino/a s name? Lease the land straight away under your name...Do not take any risk,

Calif-Native VIP Member

512POSTS

6 years ago

#253

Just as a side note: Do not fall for the lease for 50 +25 years. This option only applies to a legal entity (i.e., a Corporation). All humans fall under the law that allows for foreigners to lease a piece of land for 25 years and renew the lease for another 25 years only!

Some have been told to get a good lawyer to get around the law for you, the foreigner.

Do not move on this false assumption. There is no law that can override the constitution. Note: Sections 3 and 8 of Article XII of the Philippine Constitution restricts the ownership of land by individuals to Filipinos and former Filipinos.

Of course Section XII is used by some to claim legal ownership status in cases of hereditary succession. Which states: ”Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain”.

This can get complicated to navigate since “hereditary succession” means a foreigner can acquire land through intestate inheritance.

Key words/phrases to research are, "hereditary succession" and "intestate inheritance" (without a will or last testament assigning the land).

The surviving foreign spouse can only inherit the land (assuming no other qualified living Filipino relatives), but not via a transfer of ownership by way of a last will and testament. This is most likely a rare occurrence that few of us expats will experience.

2 members reacted to this post

aussiekiwi Active member

42POSTS

5 years ago

#254

Good evening everyone from Queensland Australia,
Are there any stories on this site where foreigners have last their homes or condos Filipinos partners walked out or died and what was the out comes, if there are and sad stories I love to read them please.

GuestPoster299 Guest

0POSTS

5 years ago

#255

The whole internet is littered with such stories. Only Sad stories making interesting reading so you will not find the happy ones

You will normally find that the happy ones are from a couple that usually met and married outside the country and has raised or are raising a family here

The unhappy ones will almost always be a Foreigner coming to the Philipines and meeting the one and only good girl and getting married or living together

Tell you girl that you will never ever be involved with obtaining land or a house and that you are not wanting to get married

Take the opportunity to loan the family members a small amount (1000 Peso) and see who pays you back. Don't loan out again until it has been paid back.

If she is still with you after 3 to 5 years consider changing your mind (but don't tell her)

Cheers

Scott

3 members reacted to this post

bratché Serial expat

242POSTS

5 years ago

#256

aussiekiwi wrote:
Good evening everyone from Queensland Australia,
Are there any stories on this site where foreigners have last their homes or condos Filipinos partners walked out or died and what was the out comes, if there are and sad stories I love to read them please.

I not sure what you are looking for, maybe to learn from others' mistakes?
If so, the condo can be under your name, so they can t take it from you, as long as the equity, just like business, is 40% foreigner owners and 60% Filipino owners.

If you really plan to build something in Philippines, buy the lot under her name and lease it for 25 or 50 years, again, she would not be able to kick you out, nor her family if something happens to her.

The day you will show trust to a Filipino, majority will scam you or fool you.

to make it short.
-i asked my brother in law, a Police inspector, if he knew an architect, he introduced him to us, his cousin, showed his license, etc...
-the whole construction is illegal, no permit, substandard, defective, unsafe. for 23000 per sqm.
-we started a case, the lawyer, took the acceptance fees of 100 000 PHP and a first payment of 50 000, then withdraw, we filed a complaint at the Integrated bar of Philippines for fraud and breach of contract.
that lawyer was recommended by my wife s best friend, who s related to a retired judge who works in a lawyer s office...the judge took 70.000php from the recommendation fees. after 15 months, the civil case did not reach pretrial and criminal case hasn t been filed by the lawyer.

Keep in mind :
-90% brokers are illegal and have no license which is an offense
-more than 90% of contractors are illegal, unlicense too, those are number from CIAP and DTI.
you can guess that if they cheat on the government not declaring business and tax, they cheat on customers too. So always consider a Filipino,in business, as a scammer, 90% is an insane rate,
https://ncrcitc.org/war-unlicensed-contractors/
Wherever there are big money involved, there are plenty of scammers in Philippines.

Now, all the government offices involved in construction have been bribed by this fake architect, DOLE, city engineer office, etc etc, this is how it works, illegal businessmen fear nothing, there are no jury in criminal court, pay the judge or prosecutor and your free.
prior to Duterte, only 7% of drug criminals were been jailed.

Come in Philippines if you have an external income, pension, retirement, etc. Rent a place or at worse lease the lot and put the construction under your name.
Never make business in Philippines, they would scam you a day or another.