A second deed of sale

[j_avonni]

I sold my car to a friend and we executed a deed of sale and had it notarized. However, he hasn't transfer the ownership to his name yet. After a year, he sold the car to his friend.

Then, he requested me If I could execute another deed of sale indicating that the sale was made from me to his friend, since the LTO CR/OR is still in my name.

If you were me, would you do it?

[baiskee]

yep, parang binenta mo sa friend ng friend mo kasi di naman nya na tranfer sa name nya yung oto.

kung ikaw 1st owner...lalabas nyan (in papers) na 2nd owner pa lang yung friend ng friend mo. ok lang yan, nangyayari talaga yan.

[alwayz_yummy]

yup, think of it na friend mo din siya...at least natulungan mo siya di magkaroon ng isang tambak na papel na ipapasa sa LTO, plus ung 150 pesos na penalty nya...

its ok din naman....parang nakatulong ka na din

[fireblade]

I will not. In the event that the end user has something to recover from the former owner, he may go after you. Happened to me before and did not sign another deed of sale, simply because I was not sure of how it was used by my buyer. Difference here is I dont know my buyer while you do. If you are very sure of your original buyer and his buyer, decision is yours.

[boybi]

kung kakilala mo and may tiwala ka naman dyan sa friend mo, ok lang.

[Josh0027]

Gulat ako. Sa akin kasi mabusisi ako sa paperwork kaya uncomfortable sakin ang ganyan na setup. Anyway siguro kanya kanyang diskarete lang. In terms of paperwork I think legal siya at least safe ka doon. Friend mo naman yun.

[vhenok]

PAg kakilala i think there's no problem...

IMO, dapat talaga in the 1st place na-execute na yung deed of sale nyo ng friend mo. ako kasi kahit kamag-anak ko pa yung kukuha, talaga inaayos ko maigi yung papel especially mga sensitive docs gaya nito. everything should be in proper order ika nga, ang sa akin lang naman.

[scalpel]

OT a little... what if you buy from a " buy and sell" guy. The deed of sale has the signature of the first owner then he'll transfer it to you... Hindi mo naman kilala yun first owner. Should you execute 2 deeds of sale- one from first owner to him, then from him to you?

[Elroi]

IMHO, i will NOT execute another deed of sale.. kasi valid at legal yung una, so pag gumawa ka ulit ng another deed of sale, magiging 2 na sya.. meaning you sold the same car to 2 different persons.. kasi legally, they both own the same car.. kahit na bawiin mo pa yung copy nya ng deed, meron pa din copy nyan yung nag-notarize..baka kasi mag backfire ito sayo in the future..

[Elroi]

OT a little... what if you buy from a " buy and sell" guy. The deed of sale has the signature of the first owner then he'll transfer it to you... Hindi mo naman kilala yun first owner. Should you execute 2 deeds of sale- one from first owner to him, then from him to you?

kung open yung deed of sale (meaning di nakasulat yung name ng buyer sa deed) hindi na mag execute ng another deed..

ganito talaga ang practice ng mga "buy n sell".. parating OPEN yung deed of sale..

[Flagg]

Sir javonni, kung ako sa iyo ay DON'T. Mabuti na yung maayos ang papeles. No real friend will ask you to take the risk of hidden liabilities.

I'm not saying na don't trust your friend, baka di lang nya alam. Still, this opens you to hidden liabilities. Notarized pa naman yung unang deed. Better na yung malinis.

Kami, pag nagbenta kami car, kami na rin nagpapa-rehistro sa name ng new owner. Para clean agad & friends pa rin kayo without a doubt.

[seonadancing]

If you do that, lalabas na second owner lang yun friend ng friend mo although 3rd owner na sya diba? Tsaka tama nga na lalabas as you sold the car to 2 different people kasi dalawa sila may deed of sale na galing sayo. Ako kasi sa LTO namin inayos e para walang problema.

[odell]

wala naman problems kung ganun...

[alwayz_yummy]

kung trusted (really trusted ha) ok naman lang....scrap nyo ung old deeds..kung ayaw mo, ok lang din..kaw na bahala... 150 lang naman penalty kung valid pa ang deeds na una, kung hindi, malaking prob yan...na iiwan mo na sa kasalanan ng friend mo..

[usong725]

sabihin mo gawa na lng sila ng separate deed of sale....tapos bigyan nya na lng ng photo copy ng original deed of sale nyo ng friend mo.

ganun ginawa ko dati nung binenta ko ung first car nmin (2nd hand nabili...pero hindi pa natransfer sa name nmin ung or/cr)

magiging 2nd owner parin sya sa or/cr although 3rd owner na kung tutuusin....

[j_avonni]

Thanks for the replies. what document would show that the new owner is the second or third or the nth owner of the car? It is the intention of the new owner that he would be the second owner only and not the third.

[j_avonni]

I already talked to my friend. I told him I could not grant his request since the first deed of sale is a legal document. And executing another one would appear that I sold the car twice. He suggested that we destroyed the first deed but what about the copy of the Notary Public.

During our talk, he mentioned that the car was involved in two (2) accidents. On the first one, it was not his fault and the other party paid for the damages. On the 2nd one, he believed it wasn’t his fault, but the other party filed a complaint against him. The case was dismissed though as the complainant didn’t appear at the preliminary and subsequent investigations. Flagg is right about the possible hidden liability that might have happened while the car is under my friend’s custody.

Your opinions considered, I would not execute another deed. Or, for good order sake, the second deed would be executed between my friend and me that the car was sold back to me. Then there would be the third deed that I sold the car to my friend’s friend.

[alwayz_yummy]

OH..sorry, notorized na pala,e.... didnt read that well....tama yan dude, at baka magkaprob pa yan...kung di pa notorized no prob sana...mahirap nyan, involved na pala sa accident, buti nalang dismised ung kaso...

kaya its better ikaw na personally maglakad ng transfer, baka di ka swertihin sa susunod.. *fingers crossed*

[j_avonni]

OH..sorry, notorized na pala,e.... didnt read that well....tama yan dude, at baka magkaprob pa yan...kung di pa notorized no prob sana...mahirap nyan, involved na pala sa accident, buti nalang dismised ung kaso...

kaya its better ikaw na personally maglakad ng transfer, baka di ka swertihin sa susunod.. *fingers crossed*

Yes, next time I'll make it sure that the ownership would be transferred immediately to the buyer/new owner.

[alpha-q]

Ah pwede pala ng ganun?

Bumili kasi ako ng 2nd hand car pero tinatamad ako ilipat sa name ko. Kung ibebenta ko uli bigay ko lang yung unang deed of sale namin ng 1st owner, at bagong deed of sale ng namin ng buyer?

Pwede ba yun?

Dami kasi ako naririnig may mga kopya sila ng open deed of sale e para kung sakaling ibenta uli.