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Double selling: how one property gets sold twice, and how not to be the second buyer

REACTIVE.PH

A seller takes payment from two buyers for the same lot. The law decides who keeps it — and it is usually not the one who paid first.

Double selling is exactly what it sounds like: the same property is sold to two or more buyers. It happens with lots in subdivisions, with pre-selling condominium units, and with inherited land where several heirs each think they may sell. The rule that decides it is harsh. Article 1544 of the Civil Code gives a property sold twice to the buyer who first registers the sale in good faith with the Registry of Deeds — not the buyer who paid first, and not the one who moved in first. If you paid in full but never registered, and a later buyer registered before you, the later buyer generally wins and you are left chasing the seller for a refund. So the protection is registration, and the homework before it. Before paying, get a certified true copy of the title (TCT for land, CCT for a condominium unit) from the Registry of Deeds yourself — do not rely on the seller's copy. Read the memorandum of encumbrances on the back: a prior sale, a mortgage, an adverse claim or a lis pendens notice will be annotated there. Compare the registered owner to the person selling, and if they differ, ask for the authority (a special power of attorney, an extrajudicial settlement, a court order) and verify it. For pre-selling projects, the developer's license matters as much as the title. A project sold without a DHSUD License to Sell has no approved plan on file and no regulator watching the unit inventory. REACTIVE.PH shows whether a project's License to Sell has been verified; filter for verified projects at /projects?lts=1 and read how to check one at /insights/how-to-check-a-license-to-sell. After paying, register promptly. Have the deed of absolute sale notarised, pay the taxes, and have the sale annotated or the title transferred. Until it is registered, your purchase is only a promise between you and the seller. Warning signs: a seller in a hurry, a price well below the area, a title copy that is a photocopy of a photocopy, a "lost title" story, or a seller who discourages you from going to the Registry of Deeds. Check the practitioner handling the sale at /verify, and report a suspicious listing from its page.