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  1. Join Date
    Apr 2013
    Posts
    55
    #1
    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!

  2. Join Date
    Nov 2007
    Posts
    1,410
    #2
    Quote Originally Posted by Battousai1 View Post
    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.

  3. Join Date
    Apr 2013
    Posts
    55
    #3
    Quote Originally Posted by ans_lim168 View Post
    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!

  4. Join Date
    Nov 2007
    Posts
    1,410
    #4
    Quote Originally Posted by Battousai1 View Post
    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.

  5. Join Date
    Jun 2012
    Posts
    309
    #5
    The usual fee for Deed of Sale is 1% of the amount of the item being sold.

  6. Join Date
    Jan 2008
    Posts
    4,726
    #6
    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...

  7. Join Date
    Apr 2013
    Posts
    55
    #7
    Quote Originally Posted by yapoy86 View Post
    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?

  8. Join Date
    Apr 2013
    Posts
    25
    #8
    Up ko lang po mga sirs :: a newbie too ....

    * Battousai1, maki ride din ako sa topic mo if ok lang sa iyo at mga MODS
    I will buy a used car and will close the deal this week.... The original owner is out of the country already, the car is with his nephew but he left behind these following documents .... Original CR/OR , signed ID photocopy of the owner , copies of open DOS with original owners details and signed....

    1) Will these documents be enough to complete the transaction as per requirement of an open DOS na kahit wala dito ang original owner ? is the owners TIN still needed ?

    2) I understand that an open DOS would not be notarized, but i am wary if ever ma checkpoint ako, will the photocopies of open DOS, CR/OR enough to prove that i am the owner , wala bang hassle ito sa mga checkpoints?

    Thanks in advance guys....

  9. Join Date
    Oct 2002
    Posts
    15,528
    #9
    easyco, that would be enough.
    hindi ka naman ma hassle for checkpoints... basta pakita mo yung complete set of documents na hawak mo.

  10. Join Date
    Apr 2013
    Posts
    25
    #10
    Quote Originally Posted by 1D4LV View Post
    easyco, that would be enough.
    hindi ka naman ma hassle for checkpoints... basta pakita mo yung complete set of documents na hawak mo.
    * 1D4LV ... thanks a lot sir ...

    I've just been from provincial LTO this morning to check any records of apprehension of the car , it was found clean and no violations whatsoever . next step : to check if carnap or not , LTO directed me to go to provincial PNP-HPG .

    I have no knowledge nor methods to prove the originality of the CR/OR papers, sabi ng iba, merong fake na CR/OR lalo na ngayon, magagaling na mga printers ... Tanong ko lang po, kaya bang malaman ng notario publico na fake yung mga papers ??? Will the notary public check first the originality of these documents before making any notarization ??? Will it be ok after being notarized doon na mismo kami magabutan ng susi ng car at pera ?? naiisip ko kasi its for the security naming dalawa ... plano ko kasi, since an open DOS can not be notarized, pagawa na lang ako ng side agreement ng bentahan for the purpose of me hawak akong notarized document and at the same time, ma verify pa yung originality ng documents ...please post your comments mga sirs ... really no idea how these things work , lahat ng alam ko in buying used car dito lahat nanggaling ....

    Thanks in advance mga sirs ...

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How does deed of sale work?