How does deed of sale work?

[Battousai1]

Hi guys! I am not sure if this is the correct section of the forums to post this as I think this is the closest section for my topic.

I need some advise regarding my case, it was my first time to buy a 2nd hand car and I have limited knowledge about the "deed of sale". I bought a 2nd hand car (3rd hand to be exact) from sulit last March, the seller has turned over all the documents such as the original O.R./C.R., a notarized deed of sale from the original owner to him (the seller) and a copy of an ID of the original owner. The deed of sale from him to me has not been made yet and the seller said that he will just process and give me the deed of sale when he is not busy, unfortunately he is always busy and can't commit time to complete the paper works so he advised me to make the deed of sale instead and just visit him to have him sign on the deed of sale I have prepared.

Now my question is, on the O.R./C.R. the name registered was still under the original owner's name and not under him (the seller), I asked the seller what name should I put on the deed of sale that I will be preparing since the one on the O.R./C.R. is still under the original owner's name, he said to put his name as the vendor. Is this the correct procedure? Because I am planning on transferring the owner of the vehicle to my name on the next registration which in on July. I asked one of my friend and he said that I will just attach the first deed of sale from the original owner to him and then the other deed of sale from him to me when registering and transferring of ownership.

Kindly enlighten me on how does the deed of sale and transferring of ownership work, also what are the fees involved in doing this? According to my friend there is a percentage on the payment of deed of sale based on the amount of the vehicle bought?

Thanks in advance for any reply!

[ans_lim168]

Hi guys! I am not sure if this is the correct section of the forums to post this as I think this is the closest section for my topic.

I need some advise regarding my case, it was my first time to buy a 2nd hand car and I have limited knowledge about the "deed of sale". I bought a 2nd hand car (3rd hand to be exact) from sulit last March, the seller has turned over all the documents such as the original O.R./C.R., a notarized deed of sale from the original owner to him (the seller) and a copy of an ID of the original owner. The deed of sale from him to me has not been made yet and the seller said that he will just process and give me the deed of sale when he is not busy, unfortunately he is always busy and can't commit time to complete the paper works so he advised me to make the deed of sale instead and just visit him to have him sign on the deed of sale I have prepared.

Now my question is, on the O.R./C.R. the name registered was still under the original owner's name and not under him (the seller), I asked the seller what name should I put on the deed of sale that I will be preparing since the one on the O.R./C.R. is still under the original owner's name, he said to put his name as the vendor. Is this the correct procedure? Because I am planning on transferring the owner of the vehicle to my name on the next registration which in on July. I asked one of my friend and he said that I will just attach the first deed of sale from the original owner to him and then the other deed of sale from him to me when registering and transferring of ownership.

Kindly enlighten me on how does the deed of sale and transferring of ownership work, also what are the fees involved in doing this? According to my friend there is a percentage on the payment of deed of sale based on the amount of the vehicle bought?

Thanks in advance for any reply!

Have the deed of sale from the original owner selling his car to the seller ( at sulit ), then another deed of sale from the seller ( at sulit ) to you ready, ( notarized and xerox copies of the original seller, sulit seller and your id's.). Original O.R. and C.R., and motor vehicle clearance from the HPG. The amount notarization would depend on the amount of the vehicle. hth.

[Battousai1]

Have the deed of sale from the original owner selling his car to the seller ( at sulit ), then another deed of sale from the seller ( at sulit ) to you ready, ( notarized and xerox copies of the original seller, sulit seller and your id's.). Original O.R. and C.R., and motor vehicle clearance from the HPG. The amount notarization would depend on the amount of the vehicle. hth.

Hi ans_lim168! Thank you very much for the informative reply, it helped a lot, I will have the deed of sale from the seller to mine prepared. So in summary there should be two deeds of sale one from the original owner to the seller and then the seller to the me for transfer of ownership.

Also do you have any idea how much percentage is the notarization is for this kind of deed of sale and is there any other fee involved aside from notary, HPG certifiation fee? I made an initial search on google regarding the HPG certification fee and it is at P300 (i am not sure how much it is now).

And lastly, is it a good practice to lower the vehicle cost on the notary to have a lower notarization fee? Or should I just state the actual amount I paid? My friends advised me to put a lower amount.

Thanks again!

[ans_lim168]

Hi ans_lim168! Thank you very much for the informative reply, it helped a lot, I will have the deed of sale from the seller to mine prepared. So in summary there should be two deeds of sale one from the original owner to the seller and then the seller to the me for transfer of ownership.

Also do you have any idea how much percentage is the notarization is for this kind of deed of sale and is there any other fee involved aside from notary, HPG certifiation fee? I made an initial search on google regarding the HPG certification fee and it is at P300 (i am not sure how much it is now).

And lastly, is it a good practice to lower the vehicle cost on the notary to have a lower notarization fee? Or should I just state the actual amount I paid? My friends advised me to put a lower amount.

Thanks again!

From what I know others do put a lower amount to pay less in notarization fees, if you know a notary public that could do it for you at the original price at a lower cost much better.

HPG clearance cost less than a thousand pesos ( 700 php ) but my last transaction was 2007, it might have hiked already by this time.

[Roden Villegas]

The usual fee for Deed of Sale is 1% of the amount of the item being sold.

[yapoy86]

have the deed from the original owner to the 2nd buyer notarized and from the 2nd buyer to you notarized.. then have your car cleared at TMG (macro etch) once cleared, you will file your documents to the respective LTO where it was originally registered...

[Battousai1]

have the deed from the original owner to the 2nd buyer notarized and from the 2nd buyer to you notarized.. then have your car cleared at TMG (macro etch) once cleared, you will file your documents to the respective LTO where it was originally registered...

Thanks guys for the replies, another question, is it ok if the year notarized of the deed of sale of the original owner to the seller is 2010 and my deed of sale is 2013? and also the photocopy of the original owner's ID is only a passport, what if the passport is already expired will this still be ok or we still need to update the passport and the 2010 notarized deed of sale?

[redvillepal]

Ask lang po. May gusto kasi ako bilhin na sasakyan. Nung nagtanong ako regarding sa deed of sale ang sabi sakin wal daw problema dun kahit di na daw kami gagawa nun DOS kasi may barangay certification nman daw tsaka na sa kanya nman daw ang original OR nd CR. Sabi nya kasi nabili nya daw yung unit sa hipag nya at andun na dawsa paris. Since may barangay certificatio nman daw wala daw magiging problema pag nag transfer nako ng car registration sa name ko.

Mga tanong ko is:

1. Legal and valid po ba yung magiging purchase ko kahit walang DOS pero may barangay certification?

2. Wal po bang magiging problema ito kapag nagpatransfer na ko ng sasakyan sa pangalan ko?


NEED KO PO HELP NINYO....ANU PO BA ANG MAGANDANG GAWIN????

[CLAVEL3699]

Ask lang po. May gusto kasi ako bilhin na sasakyan. Nung nagtanong ako regarding sa deed of sale ang sabi sakin wal daw problema dun kahit di na daw kami gagawa nun DOS kasi may barangay certification nman daw tsaka na sa kanya nman daw ang original OR nd CR. Sabi nya kasi nabili nya daw yung unit sa hipag nya at andun na dawsa paris. Since may barangay certificatio nman daw wala daw magiging problema pag nag transfer nako ng car registration sa name ko.

Mga tanong ko is:

1. Legal and valid po ba yung magiging purchase ko kahit walang DOS pero may barangay certification?

2. Wal po bang magiging problema ito kapag nagpatransfer na ko ng sasakyan sa pangalan ko?


NEED KO PO HELP NINYO....ANU PO BA ANG MAGANDANG GAWIN????

Bro delikado yan... kahit saan need mo nang DOS para katunayan na binili mo yan.

[falken]

Ask lang po. May gusto kasi ako bilhin na sasakyan. Nung nagtanong ako regarding sa deed of sale ang sabi sakin wal daw problema dun kahit di na daw kami gagawa nun DOS kasi may barangay certification nman daw tsaka na sa kanya nman daw ang original OR nd CR. Sabi nya kasi nabili nya daw yung unit sa hipag nya at andun na dawsa paris. Since may barangay certificatio nman daw wala daw magiging problema pag nag transfer nako ng car registration sa name ko.

Mga tanong ko is:

1. Legal and valid po ba yung magiging purchase ko kahit walang DOS pero may barangay certification?

2. Wal po bang magiging problema ito kapag nagpatransfer na ko ng sasakyan sa pangalan ko?


NEED KO PO HELP NINYO....ANU PO BA ANG MAGANDANG GAWIN????

Huwag mo bilhin.

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[leodawesome]

No deed of sale = NOPE.

Wag ka magpaloko dyan. Ano magagawa ng barangay certification dyan.

[miked]

yung sakin naman regarding sa notary fee ng DOS, jinack up ko yung presyo nung sasakyan tapos nagdrama na lang ako dun sa notary na mababa lang ang kuha ko actually sa sasakyan. kaya lang naman jinackup ko kako dahil sa dami ng gastos ko sa repairs. ayun 0.5% lang binayad ko sa notary. hehe

hindi pa ako nakakakuha ng clearance from HPG since lumipat nako ng province e dito na sa present province ko kukuha ng clearance from HPG. isa pa e sa biyenan ko binili yung sasakyan.

isa pa, isang malaking kahibangan yang barangay certification na yan. wala naman alam ang mga nasa brgy sa mga ganyang bagay. kwentong barbero lang mga iyan.

[redvillepal]

No deed of sale = NOPE.

Wag ka magpaloko dyan. Ano magagawa ng barangay certification dyan.

Maraming salamat sa advice..

[confused shoes]

^Baka pwedeng ganito kung kursunadang kursunada mo yung oto.

Sabihin mong pakiusapan nya ang hipag nya na magpagawa ng special power of attorney allowing him to sell the car in her behalf. Pwede syang magpagawa sa Philippine consulate sa Paris then ipa DHL/Fedex (whatever) yung original copy. Pwede na siguro yung SPA ang gamitin para makapagpagawa sya ng deed of sale.

I-consult mo muna sa abogado na naggagawa ng deed of sale.

[funkeemunkee]

Kelangan mo ng deed of sale para matransfer sa pangalan mo rehistro ng sasakyan. Refer to LTO site. Nandun requirements and process flow.


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[sphinxz]

1% of the purchase cost is the usual notarization fee. As for the DoS, most of the shops offering photocopy and notarial services have templates for this. All you need is to print, fill them out, and sign.

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[aizon]

1% of the purchase cost is the usual notarization fee. As for the DoS, most of the shops offering photocopy and notarial services have templates for this. All you need is to print, fill them out, and sign.

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sureball yun boss? mura lang naman bibilin ko.. sana nga 1% lang..

[sphinxz]

Usual lang sir. Ballpark figure. Though by experience yung sakin is less than 1%. More of around .1%

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[mle61]

Question guys, I already sold my car with complete and clean papers. Now the buyer wants to sell that car as well but is asking a favor if I can make an open deed of sale, which I think means I'm still the recognized seller, since they have not registered the car under their name and I'm still the recognized owner. I think it makes it faster for them given that they do not need to register the car anymore. I would say no to this because there's a lot of things that can go wrong there, but I don't want to totally close the door and I'd like to hear your opinion or if you have experienced a similar situation. Thanks!

[confused shoes]

Question guys, I already sold my car with complete and clean papers. Now the buyer wants to sell that car as well but is asking a favor if I can make an open deed of sale, which I think means I'm still the recognized seller, since they have not registered the car under their name and I'm still the recognized owner. I think it makes it faster for them given that they do not need to register the car anymore. I would say no to this because there's a lot of things that can go wrong there, but I don't want to totally close the door and I'd like to hear your opinion or if you have experienced a similar situation. Thanks!

Your buyer can sell it with your deed of sale. Your buyer can make another deed of sale and the next buyer can transfer ownership by using the two documents.

Making an open deed of sale will only complicate the process as you have to cancel the original deed of sale. Worst is, there might have been an issue with the car and they want to get away with it. Be careful.