Legal

Due Diligence Checklist: Protecting Your Siargao Property Investment

Attorney Maria Rodriguez
March 10, 2024
15 min read
Due Diligence Checklist: Protecting Your Siargao Property Investment

Due Diligence Checklist: Protecting Your Siargao Property Investment

Proper due diligence is essential when purchasing property in Siargao. This comprehensive checklist helps ensure you're making a sound investment and avoiding common pitfalls.

Title Verification

Registry of Deeds Check

  • Verify title authenticity at the Registry of Deeds
  • Confirm seller is the registered owner
  • Check for any annotations, liens, or encumbrances
  • Verify tax declaration matches the title
  • Confirm property boundaries and area

Title History

  • Review chain of ownership back to OCT
  • Check for any gaps or irregularities
  • Verify all previous transfers were properly executed
  • Confirm no pending legal cases affecting the property

Physical Inspection

Property Boundaries

  • Conduct actual survey of property
  • Verify boundaries match title description
  • Check for encroachments or boundary disputes
  • Identify all access points
  • Confirm right-of-way if applicable

Physical Condition

  • Inspect existing structures
  • Check for flood or erosion damage
  • Assess soil quality and stability
  • Evaluate topography and drainage
  • Document current condition with photos

Legal Compliance

Zoning and Land Use

  • Verify current zoning classification
  • Confirm intended use is permitted
  • Check for any land use restrictions
  • Review comprehensive land use plan
  • Confirm compliance with coastal setback rules

Environmental Compliance

  • Check if property is in protected area
  • Verify environmental clearance requirements
  • Assess flood zone designation
  • Review any environmental restrictions
  • Confirm compliance with environmental laws

Financial Verification

Tax Compliance

  • Verify real property tax payments are current
  • Check for any tax delinquencies
  • Confirm capital gains tax paid on previous sale
  • Review tax declaration accuracy
  • Calculate transfer taxes and fees

Valuation

  • Obtain independent property appraisal
  • Compare with recent comparable sales
  • Assess fair market value
  • Evaluate investment potential
  • Calculate total acquisition costs

Seller Verification

Identity and Authority

  • Verify seller's identity with valid ID
  • Confirm authority to sell (if corporation or estate)
  • Check marital status and spouse consent
  • Verify power of attorney if applicable
  • Confirm no legal impediments to selling

Seller's Obligations

  • Ensure all property taxes paid
  • Confirm no outstanding utility bills
  • Verify homeowners association dues current
  • Check for any pending obligations
  • Obtain clearances from relevant authorities

Infrastructure and Utilities

Access and Roads

  • Verify legal access to property
  • Check road condition and maintenance
  • Confirm right-of-way documentation
  • Assess accessibility during rainy season
  • Evaluate distance to main roads

Utilities Availability

  • Check electricity connection availability
  • Verify water source and quality
  • Assess internet connectivity options
  • Confirm sewage/septic requirements
  • Evaluate mobile phone coverage

Neighborhood Assessment

Location Factors

  • Research neighborhood development plans
  • Check proximity to amenities
  • Assess noise and traffic levels
  • Evaluate security and safety
  • Review future development projects

Community

  • Meet with neighbors if possible
  • Check homeowners association rules
  • Assess community atmosphere
  • Verify any community restrictions
  • Understand local customs and practices

Documentation Review

Required Documents

  • Original Certificate of Title or TCT
  • Tax Declaration
  • Real Property Tax Receipts (last 5 years)
  • Deed of Absolute Sale (if previous transfer)
  • Survey Plan and Technical Description
  • Barangay Clearance
  • Certificate of No Improvement (if applicable)

Contract Review

  • Have lawyer review purchase agreement
  • Verify all terms and conditions
  • Confirm payment schedule
  • Check for hidden clauses
  • Ensure proper contingencies included

Professional Assistance

Engage Qualified Professionals

  • Hire licensed real estate broker
  • Engage property lawyer for title search
  • Obtain independent surveyor
  • Consult tax advisor
  • Consider property inspector

Professional Verification

  • Verify professional licenses
  • Check references and track record
  • Confirm insurance coverage
  • Review engagement terms
  • Establish clear communication channels

Risk Assessment

Identify Potential Issues

  • Assess natural disaster risks
  • Evaluate market volatility
  • Consider political/regulatory changes
  • Review insurance requirements
  • Plan for contingencies

Exit Strategy

  • Consider resale potential
  • Evaluate rental market
  • Assess liquidity
  • Plan for property management
  • Consider long-term holding costs

Final Steps Before Closing

Pre-Closing Verification

  • Final title search (within 7 days of closing)
  • Confirm no new liens or encumbrances
  • Verify all conditions met
  • Prepare closing documents
  • Arrange payment and transfer

Closing Day

  • Review all documents carefully
  • Verify payment calculations
  • Ensure proper execution of documents
  • Obtain all original documents
  • Register transfer immediately

Post-Purchase Actions

Immediate Steps

  • Register title transfer at Registry of Deeds
  • Update tax declaration
  • Secure property insurance
  • Change utility accounts
  • Install security measures

Ongoing Maintenance

  • Pay property taxes annually
  • Maintain property insurance
  • Keep all documents secure
  • Monitor property condition
  • Stay informed of local developments

Red Flags to Watch For

Be cautious if you encounter:

  • Seller reluctant to provide documents
  • Significant discrepancies in property details
  • Unusually low prices without explanation
  • Pressure to close quickly
  • Incomplete or suspicious documentation
  • Multiple owners or unclear ownership
  • Pending legal cases
  • Environmental violations
  • Unpaid taxes or liens

Professional Support

Never skip professional assistance:

  • Lawyer: Essential for title search and contract review
  • Surveyor: Confirms boundaries and measurements
  • Broker: Facilitates transaction and local knowledge
  • Accountant: Tax planning and compliance
  • Inspector: Property condition assessment

Investment Protection

Insurance Coverage

  • Property insurance against natural disasters
  • Title insurance if available
  • Liability insurance for rental properties
  • Builder's risk insurance during construction

Legal Protection

  • Properly executed contracts
  • Clear title documentation
  • Compliance with all regulations
  • Regular legal reviews

Thorough due diligence may seem time-consuming and expensive, but it's a small investment compared to the cost of discovering problems after purchase. Take your time, engage qualified professionals, and don't let excitement override careful analysis. A well-researched property purchase in Siargao can provide years of enjoyment and solid investment returns.

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