Quick question regarding Deed of Sale of Motor Vehicle

[Juan Martinez]

this is OT but this informs to those who do not know. this was the racket BEFORE (take note of the word BEFORE)- a conspiracy among these offices: BUREAU OF CUSTOMS, LAND TRANSPORTATION OFFICE, PNP CRIME LABORATORY, PNP TRAFFIC MANAGEMENT GROUP. a pajero FM is carnapped for example in Surigao City by their people. They will tamper the chassis/engine number. They will make it appear it is imported for example from Japan (JDM). Customs issued all the documentation (that it has entered in a Phil port, that duties and all charges have been paid). Crime lab issued a cert that its engine/chassis number is not tampered. then TMG issues ancar permit or MVCC that its not alarmed as carnapped. then LTO issues CR/OR. so we have now a "new" car. they will display it for sale (display center for used cars or buy and sell). now, here comes you as the buyer and you're innocent about all these. you drive it going home. you parked it in your garage. then the next day the TMG will go to your house and get the car because it was carnapped. they will show you why. you have no choice but to surrender your car, otherwise they will file a case for carnapping against you and violation of anti fencing. then after that, they will display it once again for sale. and recycle it again and again. the original owner from whom the car was stolen will not give a damn anymore because he was already compensated by the insurance on theft clause. that is the M.O.

[JepoyZZ]

Question po. Valid po ba deed of sale kung hindi notaryado pero pirmado ni buyer? Binili kase ng nag bbuy and sell sasakyan namen and hindi ko na siya napanotaryo. Not sure din kung naintransfer na ba nong bumili naman kay buy and sell yung sasakyan namen. For sure naibenta na yun. Hindi ko lang sure kung nakatransfer na ba under the name ng new owner

[Juan Martinez]

yan ang tinatawag ng buy and sell na "open deed of sale". as seller you'll just sign it but blank lang yung pangalan ng buyer. kung may bibili sa sasakyan na ibenenta mo kay buy and sell that's only the time na ipanotaryo yun. technically the notary public who will notarize the deed of sale that you signed could be liable under article 171(4) of the revised penal code for falsification by making untruthful statements in a narration of facts. (when he notarized it you were not BEFORE him).

Now, to answer your question, yes the deed of sale you signed is valid, that is, valid between the parties. Notarization not being a requisite to its validity. As i said, there are only 3 requisites: A. Consent (manifested by your signing the deed of sale); B. Object (the car sold); C. Consideration *(the price of the car sold). Hope that helps.*

[dcph172]

What if open deed of sale tas by the time itratransfer na sa new owner e patay na original seller?

[Juan Martinez]

What if open deed of sale tas by the time itratransfer na sa new owner e patay na original seller?

very good question. what difference does it make? the sale is still valid, but then again notary public who notarized the deed of sale could held criminally liable for falsification and could face disbarment proceedings. however, it is altogether a different story if the owner is long dead and for some reason a dead of sale that bears his name and (forged) signature will come out of the blue, that deed needless to say is VOID.

[machine.pistol]

very good question. what difference does it make? the sale is still valid, but then again notary public who notarized the deed of sale could held criminally liable for falsification and could face disbarment proceedings. however, it is altogether a different story if the owner is long dead and for some reason a dead of sale that bears his name and (forged) signature will come out of the blue, that deed needless to say is VOID.

If we go by the books then, since the LTO will not register a deed of sale that is not notarized, that deed of sale can never be presented to LTO for registration. No notary public will notarize it because it will open himself up to criminal liability for falsification and to losing his notarial commission and even his license as a lawyer.

It means that the car may possibly remain unregistered in the name of the buyer. The only way for the registration to be transferred to the buyer is if the heirs of the seller would sign a new deed of sale. But what if the sellers did not leave any heirs, then the car now belongs to the State.

Again the morale of the story is, have the sale registered. When the time comes for the buyer to in turn sell the car, he would have no problem selling it.

[machine.pistol]

The problem with "open" deed of sale is, while there is a valid transfer of ownership from seller to buyer, in the eyes of third parties, such as a pedestrian who might be hit and run by your car driven by another person, the seller will be presumed to be the owner of the car. In any complaint, he will be included as a respondent. His defense of course is that he had sold his car. But why go through the hassle? The morale of the story is, make sure the registration is immediately effected in the records of the LTO. But of course that's not easy to implement because by then you would have no control over the car and the papers.

To minimize the damage and possible liability, ensure that the deed of sale is not blank as to the name of the owner. Also that the deed is not unilateral (one that only contains the signature of the seller) but bilateral as it contains the name and SIGNATURE of the buyer. And make sure it is notarized so the original buyer won't be tempted to tamper with the document by erasing his name thereby making the document a unilateral deed.

A better alternative is for the seller to include a stipulation in the deed of sale that the buyer will cause the registration of the sale with LTO within a certain number of days from date of sale, otherwise, he will be liable for damages such as liquidated damages.

The best still is for both seller and buyer to go to LTO to make sure the sale is registered there so that a new CR is issued in the name of the buyer.

[machine.pistol]

The registration process cuts both ways. It's for the benefit of both the seller and the buyer as the foregoing discussion shows.

[Ry_Tower]

The registration process cuts both ways. It's for the benefit of both the seller and the buyer as the foregoing discussion shows.

I agree, it's better na ma-transfer na agad sa name nnag new owner yung car. Hindi mo alam kasi if later on magka-problema, hassle yan.

[Juan Martinez]

^ MP very good explanation. I could not do it any better. But the thing is, people in buy and sell had the uncanny way of doing business- they do not care what is the color of the cat as long as it catches mouse.

[mrsmcm28]

Guys question lang yung frnd ko kasi bumili ng car sa buy and sell, she have the OR/CR pero nsa previous owner pa pero wala pang deed of sale kahit open deed of sale, 2 weeks nya na fnfollow up sa nagbenta yung deed of sale, pero snearch namin sa FB ung name na nasa or/cr ok kaya na kami nalang magpagawa ng deed of sale then ipacourier mkiusap nlang kami sa name na nandun sa or/cr na isign ung deed of sale para matransfer ownership sa friend ko? Thanks po

[cast_no_shadow]

Guys question lang yung frnd ko kasi bumili ng car sa buy and sell, she have the OR/CR pero nsa previous owner pa pero wala pang deed of sale kahit open deed of sale, 2 weeks nya na fnfollow up sa nagbenta yung deed of sale, pero snearch namin sa FB ung name na nasa or/cr ok kaya na kami nalang magpagawa ng deed of sale then ipacourier mkiusap nlang kami sa name na nandun sa or/cr na isign ung deed of sale para matransfer ownership sa friend ko? Thanks po

Wow hassle yan!

Bakit binayaran kahit hindi binigay yung open deed of sale?

To add up you will be needing the ID din nung nasa OR/CR.

Goodluck kung makipag cooperate yung previous owner.

Check the CR hindi naman encumbered yung kotse?

[mrsmcm28]

Pano sir machek kung encumbered yung kotse? I think if ever magkaproblem sa process kaya naman maayos kasi yung may ari ng buy and sell shop ay friend din nila, if ever na hindi okay pwede nila irequest na palitan nalang ng ibang kotse na may maayos na papeles, pero sayang gusto pa naman din na nila sana tong current car yun lang nga wala pang deed of sale

[cast_no_shadow]

^ ditto!




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[mrsmcm28]

thanks mga sir, will suggest this to my friend. thanks a lot!

[rodetor]

What if the deed of sale was signed but not yet notarized, let say about more than 6 years. Will it be valid for change of ownership if process in the LTO?

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[Juan Martinez]

What if the deed of sale was signed but not yet notarized, let say about more than 6 years. Will it be valid for change of ownership if process in the LTO?

Sent from my Starmobile UP+ using Tapatalk

^NO. Article 7 of the Civil Code is very clear:
"Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. xxx"

[miked]

Muntik nako kanina sa tinignan kong sasakyan. bale ganito:

ex-company service dati yung sasakyan. bale nakaapat na ownership. From company to Person 1 up to person 3....pang lima nako kung nagkataon. kaso walang deed of sale between person 1 & 2.

tapos nung hinihirit kong itest drive sa hiway e ayaw. sa loob lang ng subdivision gusto.

at nung hinahanap ko ang chassis number e sabi nung tatay e nasa data plate na daw na nakarivet. kahit anong hanap ko daw e wala sa chassis. diyos nating lahat! parang ipinanganak naman ako kahapon. hehe

ok na sana dahil malapit lapit na sa budget ko. baka madale sa konting kanta at sayaw kako pero alanganin ako sa paperworks.

ano tingin nyo?

[dr. d]

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Muntik nako kanina sa tinignan kong sasakyan. bale ganito:

ex-company service dati yung sasakyan. bale nakaapat na ownership. From company to Person 1 up to person 3....pang lima nako kung nagkataon. kaso walang deed of sale between person 1 & 2.

tapos nung hinihirit kong itest drive sa hiway e ayaw. sa loob lang ng subdivision gusto.

at nung hinahanap ko ang chassis number e sabi nung tatay e nasa data plate na daw na nakarivet. kahit anong hanap ko daw e wala sa chassis. diyos nating lahat! parang ipinanganak naman ako kahapon. hehe

ok na sana dahil malapit lapit na sa budget ko. baka madale sa konting kanta at sayaw kako pero alanganin ako sa paperworks.

ano tingin nyo?

what's the problem, sir?
it's so obvious..
walk away from it! it can never be yours because the chain of ownership is broken.
sakit lang ng ulo ang mapapala nyo diyan..

data plate na nakarivet... yan siguro yung aluminum plate na traditionally na naka-rivet sa rear wall of the engine bay, under the windshield frame.. but when LTO gets the stencil, they get it from the figures stamped on the metal body itself. hinala ko, ibang katawan na yan.. yung aluminum dogtag lang ang orig. anuyan... nakaw? o kinalawang na nang husto yung original body, and what you see now is the replacement body.?

[miked]

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what's the problem, sir?
it's so obvious..
walk away from it! it can never be yours because the chain of ownership is broken.
sakit lang ng ulo ang mapapala nyo diyan..

data plate na nakarivet... yan siguro yung aluminum plate na traditionally na naka-rivet sa rear wall of the engine bay, under the windshield frame.. but when LTO gets the stencil, they get it from the figures stamped on the metal body itself. hinala ko, ibang katawan na yan.. yung aluminum dogtag lang ang orig. anuyan... nakaw? o kinalawang na nang husto yung original body, and what you see now is the replacement body.?

yup....crinoss out ko na sa list ko.

- - - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - - -


what's the problem, sir?
it's so obvious..
walk away from it! it can never be yours because the chain of ownership is broken.
sakit lang ng ulo ang mapapala nyo diyan..

data plate na nakarivet... yan siguro yung aluminum plate na traditionally na naka-rivet sa rear wall of the engine bay, under the windshield frame.. but when LTO gets the stencil, they get it from the figures stamped on the metal body itself. hinala ko, ibang katawan na yan.. yung aluminum dogtag lang ang orig. anuyan... nakaw? o kinalawang na nang husto yung original body, and what you see now is the replacement body.?

yup....crinoss out ko na sa list ko.