What exactly is Open Deed of Sale?

**Juan Martinez** · May 13th, 2016 10:41 PM

Originally Posted by kh4ii

hi, sorry po if i have to re-open this thread, i am still not allowed to post new threads kasi..

so ito na nga, i bought a car with an open deed of sale. bali ang lumalabas 3rd owner ako nung car pero sa DOS 2nd owner. i was given 2 copies of DOS with the seller's (1st owner) signature and i also have all the original documents. ang problem kasi is hindi tinatanggap yung DOS namin kasi wala physically yung seller, i have found him (1st owner) eventually sa FB to meet up with him about this. pero ang tanong ko pwede ba na humingi nalang ako ng parang authorization letter from him na kami ang mag process nung notary kahit wala sya physically? or may iba pa bang notary ang natanggap ng pagnonotaryo kahit wala ung seller?

the rule is, the seller MUST be present before the notary public. also, the parties to the sale including the witnesses will also affix their signatures in the notarial book of the notary public.

a notary public who will notarize a deed of sale without the seller in his presence is liable for falsification.

PERO may mga notario publico na matindi ang pangangailangan who will take risk. may mga notario publico din dahil kilala na niya si seller na he will dispense the seller's presence.

hope i make sense to you. post your question if there is still something else you want to be clarified.

**kh4ii** · May 13th, 2016 11:53 PM

Originally Posted by Juan Martinez

the rule is, the seller MUST be present before the notary public. also, the parties to the sale including the witnesses will also affix their signatures in the notarial book of the notary public.

a notary public who will notarize a deed of sale without the seller in his presence is liable for falsification.

PERO may mga notario publico na matindi ang pangangailangan who will take risk. may mga notario publico din dahil kilala na niya si seller na he will dispense the seller's presence.

hope i make sense to you. post your question if there is still something else you want to be clarified.

hi, thanks po sa pagsagot, tho hindi pa nasagot ung 1st owner sa message ko sa kanya sa fb, napansin ko sa recent posts nya na mukang wala na sya dito sa pinas, my original plan was to meet him para mapanotarize namin yung DOS, pero yun na nga.. may iba pa po bang way para mapa notarize namin yung DOS?

**Juan Martinez** · May 14th, 2016 06:59 AM

Originally Posted by kh4ii

hi, thanks po sa pagsagot, tho hindi pa nasagot ung 1st owner sa message ko sa kanya sa fb, napansin ko sa recent posts nya na mukang wala na sya dito sa pinas, my original plan was to meet him para mapanotarize namin yung DOS, pero yun na nga.. may iba pa po bang way para mapa notarize namin yung DOS?

balikan mo yung car dealer kung saan mo nabili mo ang sasakyan. ask them to solve your problem. samakatuwid, trabaho nila yan mai-transfer yung OR/CR to you.

may paraan to get around with your problem BUT i won't give it to you because it is ILLEGAL, and i don't want you to go to jail.

**red_one** · May 14th, 2016 07:49 AM

Twice na kami nag-panotarize ng DOS ng sasakyan without the seller. One in 2012 and one in 2016. Of course may pirma ng seller ang DOS at may xerox ng valid ID nya. These are not Open DOS. Both DOS were accepted by LTO for transfer of ownership.

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**kh4ii** · May 14th, 2016 09:50 AM

Originally Posted by Juan Martinez

balikan mo yung car dealer kung saan mo nabili mo ang sasakyan. ask them to solve your problem. samakatuwid, trabaho nila yan mai-transfer yung OR/CR to you.

may paraan to get around with your problem BUT i won't give it to you because it is ILLEGAL, and i don't want you to go to jail.

i don't want that either ^^ well, kailangan ko nalang din siguro antayin yung response nung 1st owner nung car. i was advised by my friend na ok naman daw bumili ng 2nd hand cars with open DOS, nakakastress lang pala yung process

**kh4ii** · May 14th, 2016 08:19 PM

Originally Posted by red_one

Twice na kami nag-panotarize ng DOS ng sasakyan without the seller. One in 2012 and one in 2016. Of course may pirma ng seller ang DOS at may xerox ng valid ID nya. These are not Open DOS. Both DOS were accepted by LTO for transfer of ownership.

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nabili din kasi to nung 2nd owner 2015 lang din and the registration of the car ay noong 2015 lang din bali ilang months lang yung kotse sa kanila, di na sila nagabala pa to transfer the car under their name.

**red_one** · May 14th, 2016 10:44 PM

Sa province, madali magpanotarize basta complete ang papers. Original OR and CR, DOS signed by owner in CR and the buyer, xerox of valid ID of owner in the CR, xerox of valid ID of buyer. Yan lang dala ko sa notaryo.

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**Gugurang** · September 5th, 2016 09:02 PM

Very informative insights, now i know what Open Deed of Sale is meant for. Planning to get a secondhand car here...#newbie on cars :D

**bugsmobile** · September 5th, 2016 10:13 PM

If you're the seller, make sure that you do not agree to open deed of sale. Like what happened to my friend, the car he sold was involved in a drug buy bust. Since the car was still in his name, na subpoena siya.

**MissKraysie** · September 5th, 2016 11:11 PM

sa casinos marami open deed of sale or blank pa nga eh. marami kasi dun they pawned their car for instant cash. requirements will be license, deed of sale and mag sign ka sa 3 blank sheet of paper with thumbmarks. 2% a day interest, so kung malaki hineram mo sa mga loan sharks, goodbye kotse! i heard na karamihan mga loan sharks there are police or mga mafia.