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Your Questions Answered

For clients based abroad, and signed the contracts abroad, why is there a need for the contracts to be consularized? How many sets are needed to be consularized at the minimum?  


Consularization is applicable to both Filipino citizens and foreigners based abroad.  It is required to consularize the contract if the buyer is based abroad as proof of the authenticity of their signatures – this is the equivalent of our notarization in the Philippines.

At least two (2) sets of the contract must be consularized. The buyers can either go directly to the nearest Philippine consul. In instances where the consul is too far away from them, there are local notary public who handles first the local notarization and subsequent endorsement to consul for consularization for a fee. They can just have it notarized by their local notary public who then sends via mail to the consul for consularization. After consularization, consul sends this back to the local notary public who will then release the consularized document to the buyer. Buyer just needs to confirm with both the local notary public and the consul if this is accommodated and also for the fees to be charged for such services.

This also applies to other legal documents such as, but not limited to, SPA, Deed of Cancellation, Amendment to the CTS, Deed of Assignment, Undertakings, Trust Agreements, Divorce Decree, etc

Can a buyer transfer the rights of his/her purchased unit to another person?

Request for transfer of rights shall be accepted only when the principal balance is not yet fully paid.  The request should be documented through a duly signed and notarized/consularized Buyer Request Cancellation Form (BRCF).


Together with the BRCF, signed booking documents of the new buyer/s such as the Reservation Agreement, Buyer Information Sheet, BIR Form and a Government issued ID must be submitted for evaluation and processing at SMDC Contact Center located at the G/F Palm Coast Ave., MOA Complex.


If the request is submitted within the DP period, payment of a Transfer Fee will be required. *Note: Amount maybe changed and depends on the project.


The request for transfer and crediting of payment/s to the new buyer shall be subject to the approval of Management.

 If the contract/deed is signed here in the Philippines by a client who is based abroad, what document is required to be submitted?

A photocopy of the passport of the client with date of entry to the Philippines is required. 


What is the difference between “married to” and “spouses”?

In general, there is really no difference between the two as both are under “conajugal ownership”. However, for Contract to Sell/ Deed of Absolute Sale signing purposes for “married to”, the principal is allowed to sign singly, unlike for “spouses” whereby both husband and wife are required to sign on the Contract to Sell/ Deed of Absolute Sale.  

If the buyer is married, could it be possible not to include the name of his/her spouse in the contract?

 For legal purposes, and as required by the Register of Deeds, all married individual must include the name of his/her spouse in the contract because whatever is written in the contract will subsequently appear on the unit’s Condominium Certificate of Transfer (CCT) and Tax Declaration (TD). 

Although the principal buyer can choose not to let his/her spouse sign the Contract to Sell by registering the account as “married to”, the property remains to be conjugal.

Banks also require that the names of both spouses be included in all contracts, including bank documents. Spouses who avail of bank financing should ensure that both spouses are able, available and willing to sign bank documents. Otherwise, bank financing is not an option. (as of Oct 2021)

How will a buyer request for a change in his/her personal details such as mailing address, contact numbers or marital status?

 The buyer can choose to request for a change in personal details through:


a)   Send an email to [email protected] using his/her registered email address

b)   Call Customer Service at 858-0300

c)   Submit a letter of request at SMDC Contact Center located at the G/F Palm Coast Ave., MOA Complex.         

 For a Change in Marital Status, the buyer is required to submit a copy of pertinent document relating to the change in status (Marriage Certificate, Death Certificate or Court Finality).


 


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