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?

[Easyco]

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....

[1D4LV]

easyco, that would be enough.
hindi ka naman ma hassle for checkpoints... basta pakita mo yung complete set of documents na hawak mo.

[Easyco]

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 ...

[d'flash]

what if hindi notarized deed of sale? noticed na hindi pala notarized yung deed of sale na binigay sakin, pero may signature nung previous owner. magiging problem ba ito?

[7138]

what if hindi notarized deed of sale? noticed na hindi pala notarized yung deed of sale na binigay sakin, pero may signature nung previous owner. magiging problem ba ito?

hindi naman sir, for what i know, ang tawag dyan is open deed of sale,
pag ayaw mo na, pwede mo ibenta sa iba ng wala ka ng gagawin, kaliwaan lang pag ganyan,
OR kung for keeps mo na, pwede mo i-close yan by supplying the necessary information na kulang and pag napanotarized mo na,
technically, sayo na yung kotse after that.

either way pag wala ka balak ipalipat sa pangalan mo yung unit, kelangan mo padin ibigay sa bebentahan mo yung deed ng previous owner.

[Easyco]

Up ko lang po mga sirs .... medyo makulit ... hanggang friday na lang kasi usapan namin noong seller or else bigay nya sa iba ...

Tanong ko lang po, kaya bang malaman ng notario publico na fake yung mga papers ( CR/OR ) ??? Will the notary public check first the originality of these documents before making any notarization ???

Sensya na po, ito na lang ang problema ko sa process , how to check if hindi fake yung CR/OR .....

Thanks again mga kapatid dito sa Tsikot....

[_Qwerty_]

hindi malalaman nang notaryo yan.. dapat dyan pa check mo muna sa Crame kung hindi hot car.. ma che check din don kung ok yang OR / CR..

[Easyco]

hindi malalaman nang notaryo yan.. dapat dyan pa check mo muna sa Crame kung hindi hot car.. ma che check din don kung ok yang OR / CR..

thanks sa comment ...

that's what im going to do first thing tomm... pede daw kahit sa provincial PNP-HPG sabi noong LTO employee ...
ask ko lang ( sori, makulit talaga , hehehe ) ... is the verification of being a hotcar the same as PNP-HPG MV Clearance Certificate? nabasa ko kasi, it will take 3 days bago lumabas ang certification ... holiday pa naman yata ang May 1st... noong nagtanong kasi ako sa LTO for apprehension records, kinuha lang photocopy ng or/cr, mga 15 mins,lumabas na yung LTO naka handwritten note lang don sa photocopy : Last record ; 05/29/2012, tapos clean daw sabi noong LTO employee... pagkaalam ko kasi,ginagamit lang yung certificate for NEW or Transfer of Ownership... kelangan ko lang kasi malaman kung hindi hot car yung binibili ko ....

Thanks again _Qwerty_ ...

Siyanga pala, since na check sa LTO na clean yung car, existing talaga yung car, ang inaalala ko na lang, baka colored photocopy lang yung ibibigay sa akin ng seller na OR/CR ... galing kasi ng mga photocopier ngayon, kuhang-kuha ang copy ...

[Easyco]

hindi malalaman nang notaryo yan.. dapat dyan pa check mo muna sa Crame kung hindi hot car.. ma che check din don kung ok yang OR / CR..

* _Qwerty_

You are quite right .... even my son's friends told the same thing tonight .... so the best thing to do is before going to the notary,we'll pass by any LTO office , find any LTO officer and let them okayed the authenticity of the docs... they are more knowlegable about these things than the notary ... sa tingin lang at feel of the paper alam na seguro nila if fake or not ...

Thanks a lot Tsikoteers, i'll have a little peace of mind before i go to bed ... much gratefull talaga sa inyo mga sirs ....

[dr. d]

what if hindi notarized deed of sale? noticed na hindi pala notarized yung deed of sale na binigay sakin, pero may signature nung previous owner. magiging problem ba ito?

a notary public simply is a witness who can testify that such and such persons did, in his presence, sign the documents presented. it will probably have a higher meaning in a court of law than a non-notarized document. a notary public does not testify as to the veracity of the OR and CR.
now, can the buyer transfer ownership of the car to his name if the deed of sale is not notarized? i do not know..

[_Qwerty_]

they can release the result the same day for a fee..

* _Qwerty_

You are quite right .... even my son's friends told the same thing tonight .... so the best thing to do is before going to the notary,we'll pass by any LTO office , find any LTO officer and let them okayed the authenticity of the docs... they are more knowlegable about these things than the notary ... sa tingin lang at feel of the paper alam na seguro nila if fake or not ...

Thanks a lot Tsikoteers, i'll have a little peace of mind before i go to bed ... much gratefull talaga sa inyo mga sirs ....

[Easyco]

Kagagaling ko lang from provincial PNP-HPG... Hinahanap yung original CR, pati yung car mismo ... i informed him, bibilhin ko pa lang yung used car, so understood hindi pa ibibigay sa akin yung original CR and the car itself ... i just want to know if hot car yung bibilhin ko before i buy it, not after i paid for it already ... mabait naman yung police officer, he verified sa computer and told me it is clean sa records nila , but , a big BUT , based lang yun sa data na nakasaad sa photocopy ko ... kasi daw, kung andoon ang orig CR, makikita physically kung tampered yung mga nakasulat sa original , sa photocopy daw mas malaki chance di makikita pagkatampered .... he just advised me to compare the engine number and chassis number against what is written on the CR then it would be ok ...

Any ideas mga ka tsikot ???

Again , thanks a lot for your inputs ...

[Easyco]

a notary public simply is a witness who can testify that such and such persons did, in his presence, sign the documents presented. it will probably have a higher meaning in a court of law than a non-notarized document. a notary public does not testify as to the veracity of the OR and CR.
now, can the buyer transfer ownership of the car to his name if the deed of sale is not notarized? i do not know..

* dr, d ::: Thanks for the info sir .... very much appreciated ....