Legal question regarding realestate purchase in Mindanao? Any legal ?

What part of the contract was not fulfilled by the seller?

The seller was to clean the property as it had not been cleaned , it was in the contract and the person . we are talking an 11hectar property . i closed early for him however he didnt even check that the cleaning had been , and i did hom a favor closing early . This was unfortunate as i was not in the country . I acted foolish being nice ! This  property had not been cleaned for years so this is no easy task . In any event he refused to take any  responsibility that the cleaning had not been done .So funds were fortunately held as i refused to pay the total ( 1000  US held back ) Now we are only talking about 300 Us for him to have deducted   To receive the final sum of 700 to him ...

From what you have stated, it would appear that you entered into a contract to sell for the purchase of a parcel of land for $ 1000.  You already paid the seller $ 300. The $ 700 balance shall be paid once the seller complies with his obligation to clean the property.  You said that it is clearly stated in the contract that the seller has the duty to clean the premises, otherwise the $ 700 shall not be paid.

You are worried that the seller might take legal action in view of your failure to pay the remaining balance.

First step is to determine what you want.  Do you still want the property or not.

Next step is to draft a demand letter addressed to the seller, informing and reminding him/her to clean the premises, in accordance with the contract to sell.  This letter is not only a demand but shall serve also as a protection for you in case that the seller files any legal action against you. The letter is proof of your good faith, that you were always willing and ready to pay the balance were it not for the seller's inaction.

If you are qualified, you may seek legal advice from the public attorney's office and/or integrated bar of the Philippines.  Otherwise, please seek legal advice from a private lawyer there in mindanao.

Final note, i know you are aware of this, but ownership of lands is reserved to filipinos only. Please take this into consideration before proceeding.

I hope this helps a bit, good day.

Kurush, the OP mentioned or said that they purchased the property, so asking him if he wants the property or not is out of the question.

Wimbleton, I read and analyzed your post, it seemed to me that your problem is about cleaning the property, and you made initial payment for cleaning based on a contract you entered with the seller and that contract to clean was not followed. Other than that your lawyer is not helping you.

Although the amount involved is not big enough, I suggest that you seek another lawyer from the area where you purchased the property. Discuss with that new lawyer your problem. Where in Mindanao did you purchase the property? I can refer you to my friends, if you so desire.

Just a quick question, there is a law in the Philippines (CARP law) that allows private individual to own maximum 5 hectares of land. How were you able to buy 11 hectares and you're an expat? Just a side note.

This is suppose to be simple; as any contract, the vendor and Vendee should perform their obligations simultaneously; the Vendee can withheld payments if the Vendor has not perform his part such as surrender of title, surrender of the property purchased, and warrants that their is no lien on the property among others per agreement;

Yes i totlally agree . In this case i was kind closing early as the seller was desperate for money ,so i closed not coming back to check property since i was on holidays . Thankfully i held back 1000 as any decent lawyer would do to insure all debts and everything was in order . However the seller wont take responsiblity that the property was not cleaned ( even though its in contract of which he ignores . So we have received a complaint from the Baranga a couple of times of his complaint .It made us nervous , that we may not know Filipina law , and he could do something that we arnt knowledgeable about . he has refused to take any discount  for the lack of proper cleaning so we have not released the funds to him ... In another country , he would have to get a lawyer and take us to court and it would be worked out . i am not sure this is the way here in the Philippines . The Lawyer who transacted the deal , simply is of no help , and here in Butuan area , we have found hardly any decent references for lawyers here . The property is not mine but my Filipinas,( since no foreigner can own land ) .    re Cynthia , yes its supposed to be simple , and logical,however some humans are not!

Wimbleton, before any court trial begins, any disputes will be first heard at the barangay level where you and  the complainant will attend. The barangay council will try to work out a compromise. If there is no agreement reached between you and complainant, then the barangay will certify  the complaint  to have no settlement. Then any party (you and the other) will now prepare to settle/meet in the Regional Trial court.

I'll send you a pm of the lawyer in Misamis, if you decide send me a private message. She can help and assist you legally.

I have just gone through hell with real estate lawyers - getting clear title etc. so I think I have a few words of advice to you.

First of all a question - what do you possess that clearly indicates you have paid in full - minus the 1000? This particular part is really important. Please give me all the indicators - do you have receipts, letters from the owner.?

If everything is clear - and you are satisfied that you now own the land my advice to you is eat the 1000 and get it cleaned yourself. Believe me you do not want to go onto any legal route - lawyers who drag it on for weeks, months maybe years and keep charging you. Possible court case where if the judge is a friend of the previous owner you haven't a chance to win and may just lose everything.

So where are then? More lawyers - more court cases and a heart attack to boot.

It is not worth the 1000$. You have a long battle ahead of you - getting the title transferred to your wife's name.
Nothing is easy in the Philippines- especially when it involved money or land.