Buying a property with owner abroad and thru daughter's Special Power of Attorney (SPA)
This question is from Manuel. This is regarding a property for sale which is owned by someone who is abroad and his daughter in the Philippines is the one facilitating the selling process. The daughter carries a Special Power of Attorney (SPA). This is Manuel's question:
Hi! I just want to ask your advice regarding buying real estate property. It is my first time to engage in real estate transaction, I found a property online and I personally visited the property. I haven't asked for a copy of the TCT (Transfer Certificate of Title). My concern is the owner of the property is abroad and I only meet the daughter. I have read on other forums to avoid dealing with SPAs but in this case, I don't have any choice. How can I make sure that the owner is really selling the property? Should I ask for a consularized Special Power of Attorney? What other documents should I ask from the daughter-seller?
It is also safe if you would be asking an SPA that has been duly authenticated before the Philippine Consulate.
But you have to be very careful in dealing with this kind of property because the owner of the property is abroad. If possible, you can ask the owner to go here in the Philippines. Ideally, the owner should come here. You might not know that the SPA is fake.
The buyer of the property should be aware. Especially in this case, it's really up to you to protect yourself. Wala kang pwedeng sisihin if you found out later on that the property owner abroad did not authorize the sale. It's better for you to personally go to the Registry of Deeds and look at the title there. Because sometimes may descrepancy ang TCT copy ng seller at ang TCT from the Registry of Deeds.
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