CIV Maceda Law

AN ACT TO PROVIDE PROTECTION TO BUYERS OF REAL ESTATE ON INSTALLMENT PAYMENTS. PAYMENTS. (REP. ACT NO. 6552) or MACEDA LAW A. What is the public policy behind Maceda Law? The protection of buyers of real estate on installment plans against oppressive conditions. (Section 2, RA 6552) B. Who is covered by Maceda Law? Under the said law, two categor ies of qualified buyers are protected. 1.

One who has paid at least two ye ars of installments in all transactions or contracts involving the sale or financing of real estate o n installment payments. Properties covered include residential condominiums, apartments, houses, townhouses, and house and lots, among others, but exclude industrial lots, commercial buildings, and sales of properties to existing tenants. (Sec tion 3, RA 6552)

2.

One who has purchased any of the properties enumerated above, but who has paid less than two years of installments. (Section 4, RA 6552 )

C. What are the rights of a buyer under Maceda Law? Section 3 of RA 6552 provides for the rights of a buyer in c ase he defaults in the payment of succeeding installments after has paid at least two years of installments. 1.

To pay, without additional interest, the unpaid installments due within the total grace period earned by him which is hereby fixed at the rate of one month grace period for every one year of installment payments made: Provided, That this right shall be exercised by the buyer only once

2.

in every five years of the t he life of the contract and its extensions, if any. If the contract is canceled, cancele d, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty per c ent of the total payments made, and, after five years of installments, an additional five per cent every year but not to exceed ninety per cent of the total payments made: Provided, That the actual cancellation of the contract shall take place after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act and upon full payment of the c ash surrender value to the buyer.

On the other hand, Section 4 of RA 6552 provides for the rights of a buyer in case he has paid less than two years of installment. installment. In this case, the buyer is entitled e ntitled to a grace period of not less than 60 days. This is counted from the date the installment became due. While the seller is entitled to the cancellation of the contract if the buyer fails to pay the installments due at the expiration of the grace period after thirty days from receipt by the buyer of t he notice of cancellation or the demand for rescission of the contract by a notarial act. D. Can a buyer sell or assign his rights to the property to another person? Yes. Section 5 of RA 6552 provides that buyers covered by Sections 3 and 4, shall have the right to sell his rights or assign the same to another person or to reinstate the contract by updating the

account during the grace period and before the actual cancellation of the contract. The deed of sale or assignment shall be done by notarial act. E.

Can a buyer pay off in advance the balance ahead of the due date? Yes. Under Section 6 of RA 6552, a buyer shall have the right to pay in advance any installment or the full unpaid balance of the purchase price any time without interest and to have such full payment of the purchase price annotated in the certificate of title cover ing the property.

F.

What contracts are null and void under Maceda Law? Section 7 of RA 6552 provides that any stipulation in any contract hereafter entered into contrary to the provisions of Sections 3, 4, 5 and 6, shall be null and void.