Best Posts in Thread: Real estate lawyer required.

Can you tell what is your formula for success? Patience works for me.

Just out curiosity, how long does it take to do a sub-division in your country?

Real estate deals here proceed just as slowly for Filipinos as they do for foreigners. You have no reason to feel special.

A lot of things are not in the direct control of any attorney here. Everyone I know that dealt with Dorado has gotten what they needed eventually. I don't think you know what a BAD attorney really is. There was one attorney in town that took peoples money and the did absolutely nothing. She ripped off Filipinos and foreigners alike. Presently she is in hiding near Le Libertad.

 

If you're not married I would rent. If you are married buy a house and lot. Don't trust anybody and always remember the sellers 1st priority is to make money. Too many scams go on here so just be careful. Never pay your lawyer upfront otherwise things tend to drag on forever.

 

To add to this; I asked my Attorney's about (the possibility of) Leasing and my fear that despite having a Contract for 25 Years with the option to renew for another 25 years, the way I read the Law is that the Landlord/ Property Owner can evict you at any time by giving you (Legally) 3 Months Notice of Eviction if they need the Property for their own personal use, or the personal use of immediate family, they (my Attorney's) confirmed the following was 100% True! So even Leasing here means Shyte!


Tenant Eviction:

In Philippine Land Leases, the Contract can freely dictate the specific grounds for the Eviction of the Lessee. However, the Parties involved in the Lease must completely Agree with the Contract stipulations & the grounds mentioned should at least cover the Minimum Conditions required by Law.

The Rental Reform Act of 2002 lists Five Legal Grounds for Eviction. These include Subleasing & Assigning the Lease to another Person without the Written Approval of the Landlord. Failure to make Regular Rent Payments for Three consecutive Months may also be a Ground for Eviction.

The Lessor can also Repossess the Leased Land & Evict the Tenant if he needs the Land for his or his Family's Personal use. When this happens, the Landlord is required to notify the Lessee Three Months before the Repossession takes place. After the Land Owner has Repossessed the Land, he is prohibited by Philippine Law to Lease the Land to another Party within One Year after the Repossession.

The Lessee can be Evicted if there is a Genuine Need of the Landlord to make necessary Land Maintenance or Unit Repairs. The Law states that after the Maintenance functions or Repairs are finished, the Evicted Tenant has priority in Leasing back the Land. Lastly, once the Lease Contract has Expired, the Lessor can Evict the Lessee from the Premises.

 

At the risk of sounding like I might be defending an attorney...We have had a property for subdivision in Siquijor for more than a year and half. The attorney sent it in to DENR and it is now in their bottomless hole. My wife's cousin works for DENR in Cebu and even she can't get the thing pushed through. So don't shoot the lawyer.......on second thought.....

 

I have used her. Avoid!

 

Having personally been through the subdivision experience, but not with Atty Dorado, I can tell you they can take quite some time. Mine was a year plus. The time to complete can vary quite a bit. You need to get all taxes up to date, all interested parties to sign off and then you need to work with several agencies. In addition, I was unfortunate enough to be doing this when titles were going from paper to electronic form. It's been a while, so I don't remember all the details other than being frustrated. If you actively manage the process (pay bribes and sweet talk employees) you can move things a lot quicker. If you just fill out the paper work and drop it off, it's a bit like playing the lottery. I'll go out on a limb and guess that most lawyers aren't that hands on with the process, hence the variance in time. Mine was started with a lawyer and completed by a non-lawyer who knew the in and outs of the process. If you want his name, let me know.

 

Thanks everyone for all your helpful advice. Lots to think about...

 

I've used Rilt Dorado many times the past few years. Unfortunately, he's let me down a couple of times by not verifying that title was clean. I'm now involved in a law suit because of his failure. Just met with Miguel for the first time yesterday. First impression is good. We'll see.