The “Deed of Sale” or “Deed of Absolute Sale” is the document showing legal transfer of real estate property ownership. It is entered into by two parties namely, the buyer and the seller who must be of legal age. After notarization, the deed of sale is then taken to the Registry of Deeds to be officially recorded after paying the documentary stamp, transfer tax and registration fees.
All government taxes, transfer fees and incidental or miscellaneous expenses will be shouldered by the buyer, whereas the seller will pay for the capital gains tax equivalent to 6% of the selling price on the Deed of Sale or the zonal value, whichever is higher.
To assure the buyer that the land he buys is covered by an Original Certificate of Title (OCT) or the Transfer Certificate of Title (TCT) issued by the Registry of Deeds, the “Torrens” system of land registration was adapted and used in the Philippines and confirming that the same is absolute, indefeasible and imprescriptible.
A Transfer of Certificate of Title (TCT) is a proof of ownership of a subdivision lot issued by the Register of Deeds of the city or municipality where the subdivision project is located.
A Condominium Certificate of Title (CCT) is proof of ownership of a condominium unit issued by the Register of Deeds of the city or municipality where the condominium project is located.
The following documents are needed when transferring the title or Transfer of Certificate of Title (TCT) and Condominium Certificate of Title (CCT) for condominium unit to the new owner:
- Certified true copy of the title
- Notarized copies of the Deed of Sale
- Latest tax declaration of the property
- Certificate from the Bureau of Internal Revenue that the capital gains tax and documentary stamps have been paid
- Receipt of payment of the transfer tax and registration fees