Frequently Asked Questions

Your real estate queries—answered, simplified, and always up to date.

General Questions

Filipino citizens, former Filipinos, and Filipino-owned corporations can acquire real estate.
Foreigners generally cannot own land but may own condominium units (up to 40% of a project) or lease land long-term (up to 50 years, renewable once).

  • Foreigners married to Filipinos: Cannot own land directly, but can be co-owners in certain cases.
  • Corporations: Must be 60% Filipino-owned to own land.
  • Individual Ownership: Property is owned by one person.
  • Co-ownership: Owned by two or more persons, such as spouses.
  • Corporate Ownership: Owned through a legal corporation (must be Filipino-controlled for land).
  • Leasehold: Right to use property for a set period.
Titles:
- Original Certificate of Title (OCT): For newly registered land.
- Transfer Certificate of Title (TCT): For transferred/previously owned land.

Yes, a foreigner may inherit land through intestate succession (without a will), but cannot acquire by purchase or donation. However, inherited land may not be sold to another foreigner, and ownership is subject to Philippine laws.

Licensed real estate brokers or agents assist in buying, selling, or leasing property. They provide market advice, screen listings, handle paperwork, and facilitate negotiations. In the Philippines, only PRC-licensed brokers or accredited salespersons are authorized to transact.

Pre‑Selling vs RFO Properties

Pre‑selling units are sold before construction is complete, often at lower prices with flexible payment plans. RFO units are fully built and ready for immediate occupancy.,

  • Lower list prices
  • Flexible, staged payment over construction
  • Choice of unit layout, floor and finishes
  • Potential capital appreciation before turnover
  • Immediate move‑in after purchase
  • Visible quality and finishes
  • Immediate access to amenities and management
  • No waiting or construction risk

Choose pre‑selling if you want a lower price, room to customize, and don't mind waiting. Opt for RFO if you need to move in immediately, want certainty in quality, and prefer established amenities and management.

For Buyers

  • Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT)
  • Tax Declaration (latest)
  • Real Property Tax Clearance
  • Valid ID of seller(s)
  • Barangay Clearance
  • Subdivision plan or lot plan (if applicable)
  • Special Power of Attorney (if someone is signing for the owner)
  • Certificate Authorizing Registration (CAR) for previous transfers
  1. Verify title and property status with Registry of Deeds & Assessor’s Office.
  2. Negotiate price and payment terms.
  3. Sign Deed of Sale (notarized) or Contract to Sell.
  4. Pay Capital Gains Tax, Documentary Stamp Tax, and transfer fees at the BIR and Treasurer’s Office.
  5. Secure Certificate Authorizing Registration (CAR) from BIR.
  6. Transfer title at Registry of Deeds.
  7. Update Tax Declaration at the local Assessor’s Office.
  • Capital Gains Tax: 6% of selling price or zonal value (whichever is higher)
  • Documentary Stamp Tax: 1.5% of selling price or zonal value
  • Transfer Tax: Up to 0.75% (varies by LGU)
  • Registration Fee: 0.25% of selling price or fair market value
  • Notarial fees (varies)
  • Total: Usually 6–8% of selling price

Usually 4–8 weeks, but may take longer depending on completeness of documents, government processing times, and payment of taxes. Delays often occur if there are issues with the title, unpaid taxes, or disputes.

Yes, most major banks offer home loans to qualified buyers. Requirements include proof of income, appraisal of property, and down payment (usually 20-30%). Approval depends on creditworthiness.

For Sellers

  • Original Owner’s Duplicate Certificate of Title
  • Tax Declaration (latest)
  • Real Property Tax Clearance
  • Notarized Deed of Sale
  • Valid government-issued IDs
  • Certificate of No Improvement (if land only)
  • Special Power of Attorney (if authorized representative)
  • Clearances (e.g., HOA, BIR, if applicable)
  • Seller: Usually pays Capital Gains Tax, Documentary Stamp Tax, and unpaid real estate taxes.
  • Buyer: Usually pays Transfer Tax, Registration Fee, and notarial fees.
  • Note: Parties may negotiate who pays which fees in the contract.
  1. Sign and notarize Deed of Sale.
  2. Pay taxes (Capital Gains, DST) at BIR.
  3. Obtain Certificate Authorizing Registration (CAR) from BIR.
  4. Transfer title at Registry of Deeds.
  5. Update Tax Declaration at Assessor’s Office.

The mortgage must be settled or cleared before you can transfer the title. Coordinate with your bank or lender to complete payment and secure release of mortgage documents.

It is not legally required, but working with a PRC-licensed broker can help you find buyers, handle paperwork, and ensure a smooth transaction. Agents may also help with market pricing and negotiations.

For Rentals

  • Monthly rent amount and payment due date
  • Security deposit and advance rent terms
  • Lease duration and renewal/termination conditions
  • Rights and responsibilities of both landlord and tenant
  • Repair and maintenance obligations
  • Rules on subleasing and visitors
  • Termination clause

No. Rent-controlled units (usually for properties below a certain value) have a maximum increase of 7% per year and require a 30-day written notice. For other properties, increases should follow the lease agreement and proper notice.

Yes, but written agreements are strongly recommended for legal protection. Written contracts clearly lay out terms and help avoid future disputes.

  • Right to privacy and peaceful possession
  • Right to a livable and safe dwelling
  • Right to due process before eviction
  • Right to have receipts for payments
  • Right to refund of security deposit (if terms are met)

Review your lease agreement for early termination clauses. Some contracts allow early exit with advance notice (usually 30 days) and possible forfeiture of deposit. If not specified, negotiate with your landlord for mutually agreeable terms.

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