Open Deed of Sale Questions

**goodvibes8888** · December 13th, 2018 03:42 AM

from 2nd owner ipadetechomo na sa pangalan mo

Sent from my SM-G955F using Tapatalk

**box_type** · December 13th, 2018 08:12 AM

it looks like open deed yung galing sa second owner if this is the case bale wala na yung sa third owner, bale ang siste it will be between you and the second owner as if the third owner doesn't exist...

pahabol, kung sino man yung nakapangalan sa or/cr yun ang dapat na meron kang notarized deed-of-sale with, regardless how many buyer/owners there were after

**dr. d** · December 13th, 2018 08:41 AM

as long as each and every sale is accompanied by an un-broken trail of notarized deeds of sale (and ID? personally, i do not see why the ID is necessary), one can still have the car's ORCR transfered to one's name.

**hosefreyes** · December 13th, 2018 12:13 PM

Originally Posted by dr. d

as long as each and every sale is accompanied by an un-broken trail of notarized deeds of sale (and ID? personally, i do not see why the ID is necessary), one can still have the car's ORCR transfered to one's name.

Bumalik po ako sa pag papa notaryohan ko sana.
Sabi sakin , pwede namn daw nya po inotaryo ung sakin.
as long as kasama lahat ng photocopies ng deed of sale from first owner to bank to second owner to third owner kasama ung IDs nila. Ang issue lang talaga ung sa 3rd na deed of sale n di naka notarize.

Ok n sana ako kung ma proprocess sya within a day pero sabi sakin 3 days daw baka Monday pa bago ma notarize medyo mahirap lang mag tiwala kasi di ko nmn kilala ung mag nonotaryo.

Will consult n lang siguro at deretso sa LTO kung pano gagawin sa case ko pag inayus ko n ung transfer.

**hosefreyes** · December 13th, 2018 12:16 PM

Thanks for the reply guys you are very helpful.

More power guys to you and tsikot.com

**thuniel** · December 17th, 2018 12:31 AM

Originally Posted by thegr8one

Hi guys,

I'm gonna give you some free legal advice. Never deal with open deeds of sale especially with motor vehicles. Generally a contract of sale between two parties is valid and enforceable even without notarization. In other words, as regards the buyer and the seller, the sale is valid. But as regards the buyer versus the rest of the public it is not.

The implication here is that for example, you are the seller, your buyer commits a hit and run. The victim of the hit and run is able to take note of the plates. The plates are registered to you (the seller). That being the case, he can hold you liable for the injury he sustained because of the hit and run incident. The seller will be primarily and directly liable despite the fact that there exists an open deed of sale. Why? The Supreme Court said so. The victim of an automobile mishap has an absolute right to rely upon the registration of a vehicle which can be found in public records. The policy was made as such because otherwise, the owner of a vehicle can easily escape liability just by presenting any deed of sale. The law on the registration of motor vehicles was designed that way so hapless victims can have an immediate recourse.

Thus if you're the seller of a vehicle through an open deed of sale, you leave yourself open to liability for injuries caused by your buyer or subsequent buyers of a vehicle, which, by the public's contemplation and by legal implication, belongs to you. You are, however, not left without recourse. You can initiate a third-party claim against the buyer in case such a situation arises however, you will be made to suffer through a trial, which could either be criminal or civil, and you will also have to pay for competent representation.

A deed of sale in the final analysis is just like any contract. There is a consideration (price), an object (car) and consent (as signified by the signatures on the contract). In legal contemplation, an open deed of sale would have a defective consent. Why? An open deed of sale would only evince an intention by the seller to dispose of his vehicle through a sale but that does not mean that such disposition was contemplated to whomever's name appears on the blank provided for the buyer in an open deed of sale.

Don't deal with open deeds of sale. It is a circumvention of the law and may even be considered as tax evasion in certain cases.

As a final note, I remember one of the replies to this post or another one about open deeds of sale stating that a deed of sale which is not notarized is not legal. That is plainly wrong. Clearly, the person who said that did not go to law school. Notarization only makes the contract binding as against the whole world. HOWEVER, even if you do not notarize a deed of sale, the same is binding as between the signatories of that deed of sale.

ganito ngyare sa ate ko, binenta sa iba pero d pa tapos ang hulog, kahit may Dos si ate pa rin hinabol ng lawsuits

**Lucarno** · January 8th, 2019 11:00 PM

Very useful thread here...lots of learnings..

**Melchizedek** · January 10th, 2019 03:14 PM

Dami ko natutunan dito, lalong naging cautious sa pagbile ng 2nd hand vehicle.... pwede po ba request ng isang list of process of buying 2nd hand...parang step by step po. Kung ok lng po

Sent from my SM-J600G using Tapatalk

**goodvibes8888** · January 10th, 2019 10:43 PM

bili ka na lang sir sa mga car dealer. sila pa magasikaso ng lahat. babayaran mo na lang. medyo mas mahal nga lang ng konte kumpara sa iba

Sent from my SM-G955F using Tapatalk

**buttercup** · March 1st, 2019 02:15 PM

Originally Posted by thegr8one

Hi guys,

I'm gonna give you some free legal advice. Never deal with open deeds of sale especially with motor vehicles. Generally a contract of sale between two parties is valid and enforceable even without notarization. In other words, as regards the buyer and the seller, the sale is valid. But as regards the buyer versus the rest of the public it is not.

The implication here is that for example, you are the seller, your buyer commits a hit and run. The victim of the hit and run is able to take note of the plates. The plates are registered to you (the seller). That being the case, he can hold you liable for the injury he sustained because of the hit and run incident. The seller will be primarily and directly liable despite the fact that there exists an open deed of sale. Why? The Supreme Court said so. The victim of an automobile mishap has an absolute right to rely upon the registration of a vehicle which can be found in public records. The policy was made as such because otherwise, the owner of a vehicle can easily escape liability just by presenting any deed of sale. The law on the registration of motor vehicles was designed that way so hapless victims can have an immediate recourse.

Thus if you're the seller of a vehicle through an open deed of sale, you leave yourself open to liability for injuries caused by your buyer or subsequent buyers of a vehicle, which, by the public's contemplation and by legal implication, belongs to you. You are, however, not left without recourse. You can initiate a third-party claim against the buyer in case such a situation arises however, you will be made to suffer through a trial, which could either be criminal or civil, and you will also have to pay for competent representation.

A deed of sale in the final analysis is just like any contract. There is a consideration (price), an object (car) and consent (as signified by the signatures on the contract). In legal contemplation, an open deed of sale would have a defective consent. Why? An open deed of sale would only evince an intention by the seller to dispose of his vehicle through a sale but that does not mean that such disposition was contemplated to whomever's name appears on the blank provided for the buyer in an open deed of sale.

Don't deal with open deeds of sale. It is a circumvention of the law and may even be considered as tax evasion in certain cases.

As a final note, I remember one of the replies to this post or another one about open deeds of sale stating that a deed of sale which is not notarized is not legal. That is plainly wrong. Clearly, the person who said that did not go to law school. Notarization only makes the contract binding as against the whole world. HOWEVER, even if you do not notarize a deed of sale, the same is binding as between the signatories of that deed of sale.

too late na po namin nalaman to...now we have a problem with our old car na binenta years ago with an open deed of sale. We received a traffic violation notice recently, unfortunately we cannot find all documents tied up to the transaction, how do we deal with this problem? how do we correct this without the said documents?