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Showing 1–24 of 184 articles for “real estate”

Attorney Misconduct in Real Estate Deals: A Case Study in Ethical Duties

A lawyer's three-year suspension for executing multiple deeds of sale shows why ethical duties bind attorneys in personal real estate transactions.

Misclassified Employee or Domestic Worker? Key Lessons from Gaspar v. M.I.Y. Real Estate

The Supreme Court clarifies when a worker is a regular employee versus a domestic worker under Philippine law.

Forged Signatures and Conjugal Property: Protecting Your Rights in Real Estate Mortgages

A foreclosure case dismissed for lack of jurisdiction teaches homeowners how to challenge defective mortgages and protect conjugal property.

Mortgage IN BAD Faith Banks Duty OF Diligence IN Real Estate Transactions 2

Upholding Land Sale Agreements: Clear Evidence Needed to Challenge Real Estate Transactions

Philippine Supreme Court ruling on Ortigas land dispute underscores the heavy burden of proving intimidation in challenging real estate sales.

Navigating Real Estate Installment Contracts: The Importance of Proper Rescission Under the Maceda Law

Learn how the Supreme Court clarifies rescission rules for real estate installment sales and the rights of buyers under the Maceda Law.

Protecting Marital Property How Spousal Consent Impacts Real Estate Deals IN THE Philippines

Learn how Philippine law treats property sales without spousal consent, and why timing determines whether a deal is void or voidable.

Disbarment for Deceitful Real Estate Dealings Using a Forged SPA

A lawyer who sold property using a forged special power of attorney was disbarred for violating the Code of Professional Responsibility.

Employee vs. Independent Contractor in Real Estate: The Four-Fold Test Explained

A Supreme Court ruling clarifies when real estate sales agents are employees or independent contractors, and why the distinction matters.

Blanket Mortgage Clauses: When Courts Protect Borrowers in Philippine Real Estate

A Supreme Court ruling shows when blanket mortgage clauses fail to cover new loans and why courts protect borrowers.

Understanding the Real Estate Service Act Integration Ruling: What the Supreme Court Decided

The Supreme Court upheld the IRR defining the AIPO for real estate practitioners. Learn what this landmark ruling means for RESPs.

Forum Shopping and Jurisdictional Challenges in Real Estate Mortgage Disputes

Learn how filing separate cases on mortgage validity and foreclosure can constitute forum shopping, and why the HLURB has exclusive jurisdiction.

Navigating Property Disputes Understanding Jurisdictional Limits IN Real Estate Litigation

Learn how Philippine courts determine jurisdiction in property disputes, based on the Supreme Court ruling in Spouses Liu v. Cruz.

Navigating Property Sale Disputes: The Importance of Accurate Contract Descriptions in Real Estate Transaction

A lawyer's drafting mistake won't bar contract reformation when the parties' true intent is clear from their acts.

Understanding the Special Power to Sell in Real Estate Mortgages: A Supreme Court Ruling

Learn how the Supreme Court clarified what constitutes a valid special power to sell in extrajudicial foreclosure of real estate mortgages.

Contract of Sale vs Contract to Sell: When Ownership Transfers in Philippine Real Estate

Philippine Supreme Court clarifies the distinction between contract of sale and contract to sell, and when ownership actually transfers in real estate transactions.

Real Property Tax Disputes: Location, Titles, and Escrow When LGUs Compete

When two LGUs claim the same property for real estate tax, who gets paid? The Supreme Court's answer in Municipality of Cainta v. Spouses Braña.

Brokers Entitlement Establishing Procuring Cause IN Real Estate Joint Ventures

Philippine Supreme Court ruling on when a real estate broker earns a commission in a joint venture deal, explained in plain language.

Real Estate Broker's Commission: Procuring Cause Prevails Even After Authority Expires

Philippine Supreme Court rules brokers earn commission as procuring cause even if authority expired before deal closed. Learn the rule.

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

Lump Sum Sales Boundaries Prevail Over Area In Real Estate Contracts

Philippine Supreme Court clarifies that in lump sum real estate sales, boundaries control over stated area under Article 1542.

Caveat Emptor and Land Titles: The Duty of Due Diligence in Real Estate Transactions

Buyers of land with administratively reconstituted titles must exercise extra diligence. The Supreme Court explains why in Jurado v. Spouses Chai.

Annulment of Mortgage and Jurisdiction: When Is an Action Beyond Pecuniary Estimation?

The Supreme Court clarifies when an action to annul a real estate mortgage is incapable of pecuniary estimation, affecting which court has jurisdiction.

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.