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(NAR) VOL. 13 NOS. 1-2 / JANUARY-MARCH 2002
[ HLURB ADMINISTRATIVE ORDER NO. 01, S. 2001, FEBRUARY 14, 2001, February 14, 2001 ]
RESOLUTION NO. R-683, REQUIRING THE REGISTRATION OF SUBDIVISION/CONDOMINIUM OWNER/DEVELOPER AS REAL ESTATE DEALER
Attached herewith is the text of the subject resolution and the Guidelines in the Registration of Real Estate Dealers which were approved by the Board of Commissioners on 19 October and 16 November 2000, respectively.
The above were published in The Manila Bulletin on 18 January 2001 and in Manila Times on 23 January 2001, and, in accordance with the provisions of law, shall take effect fifteen (15) days from its last publication on 07 February 2001.
Please be guided accordingly.
Adopted: 14 February 2001
(SGD.) ROMULO Q.M. FABUL
RESOLUTION NO. R-683, s. 2000
Requiring the Registration of Subdivision/Condominium Owner/Developer as Real Estate Dealer
WHEREAS, the provision of housing affordable for every family has been the centerpiece program of the present administration;
WHEREAS, the said administration has assured the provision of all available resources to private housing developers to construct a targeted number of new housing units annually until the end of the president’s term;
WHEREAS, accordingly, there is a need that the real estate business be closely supervised and regulated to usher a favorable atmosphere for the housing industry for the satisfaction of the developers and the buyers;
WHEREAS, there is a need to register real estate dealers, apart from real estate brokers and salesmen, considering that real estate dealers are responsible for the delivery of a clean title, completion of the project’s facilities and construction of the housing units in accordance with government standards;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the subdivision and condominium owners/developers be registered as real estate dealers with the Board pursuant to Sec. 11 of PD 957 otherwise known as the Subdivision and Condominium Buyers Protective Decree.
Approved 19 October 2000, Quezon City, Metro Manila.
(SGD.) LEONORA VASQUEZ-DE JESUS
Chairperson
(SGD.) LUALHATI R. BUENAFE
(SGD.) ROMULO Q.M. FABUL
Asst. Chief State Prosecutor, DOJ
Commissioner and Chief Executive Officer
Ex-Officio Commissioner
(SGD.) ALEXANDER A. PADILLA
(SGD.) TERESITA A. DESIERTO
Asst. Secretary, DPWH
Commissioner
Ex-Officio Commissioner
(SGD.) FORTUNATO R. ABRENILLA
(SGD.) ROQUE ARRIETA MAGNO
Representative, NEDA
Commissioner
Ex-Officio Commissioner
Attested:
(SGD.) CHARITO M. BUNAGAN
Board Secretary
Guidelines in the Registration of Real Estate Dealers
1. Dealer Defined
A dealer shall mean any person directly engaged as principal in the business of buying, selling; or exchanging real estate whether in full-time or part-time basis. [section 2(k) PD 957]. A bulk buyer, which is for purposes of this guidelines, is covered in the definition of a dealer, shall mean any person who acquires a lot or a portion of the subdivision and who, with or without re-subdividing or introducing housing or other facilities, sells the same, under its previous license to sell or in a new license to sell in his name to the public.
2. Scope of Application
A subdivision or condominium owner/developer who desires to sell lots or units in his projects shall register as a real estate dealer with this Board.
3. Time of Registration
1) A developer who is intending to engage in real estate business and who, for the first time, is developing a subdivision or condominium intended for sale to the public, shall apply as a real estate dealer simultaneous to its application for registration and license to sell of its first project.
2) A developer who has been engaged in real estate business and who owns or develops a project already registered and licensed by this Board shall apply for registration with this Board upon the effectivity of this guidelines.
4. Renewal of Registration
The certificate of registration for dealers shall expire on the first day of December of each year, Renewal of registration for the succeeding year shall be granted upon filing an application made not less than thirty (30) nor more than sixty (60) days before the first day of the ensuing year and upon payment of the prescribed fee without the necessity of filing further statements or information, unless specified by the Board. All applications filed beyond said period shall be treated as original applications.
5. Registry of Dealers
The names and addresses of all persons registered as dealers shall be recorded is a Register kept by the Board which shall be open to public inspection.
6. Revocation of Registration
An application for registration may be refused or any registration already granted thereunder, revoked by the Board if, after reasonable notice and hearing, it shall be determined that such applicant or registrant:
1. has violated any provision of PD 957 and other related laws or any rule or regulation made thereunder, or
2. has made material false statement in his application for registration, or
3. has been guilty of a fraudulent act in connection with any sale of a subdivision lot or condominium unit, or
4. has demonstrated his unworthiness, to transact the business of dealer.
7. Complaint against Dealers
In case of a complaint against a dealer, notice thereto shall be given to all the brokers or salesmen employed by said dealer.
8. Suspension of Dealers
Pending the hearing of the complaint, the Board shall have the power to order the suspension of the dealer’s registration provided that such order shall state the cause for the suspension.
9. Effects of Suspension/Revocation
The suspension or revocation of the registration of a dealer shall carry with it the suspension or revocation of the certificates of registration and licenses to sell of all the projects owned/developed by said dealer.
10. Notice to the Register of Deeds.
An order of suspension or revocation of registration of a dealer shall be furnished the Register of Deeds of the city or municipality where said dealers’ project is located. The notice shall contain an advice to suspend the registration of all transactions involving the dealer’s projects or any lot or unit in said project.
11. Effects of the lifting of Suspension/Reinstatement of Registration
If the suspension is lifted or the registration is reinstated by the Board, the registration and license to sell of the projects owned by such dealer shall be automatically restored or reinstated. A copy of the decision lifting the suspension or reinstatement of the registration shall be furnished the Register of Deeds as well as its brokers and salesmen.
12. Registration Fees
The Board shall collect registration fees in the amount of Two Thousand (P2,000.00) with twenty percent (20%) surcharge on late registrations.
13. Administrative Fines and Penalties
An owner/developer, who as dealer, fails to register as provided for under these guidelines shall be liable under Sections 38 and 39 of Presidential Decree 952 and related laws, rules and regulations being implemented and enforced by this Board.
14. Effectivity
These guidelines shall take effect on the first day of January 2001.
(SGD.) LEONORA VASQUEZ DE JESUS
Chairperson
(SGD.) LUALHATI R. BUENAFE
(SGD.) ROMULO Q.M. FABUL
Asst. Chief State Prosecutor DOJ
Commissioner and
Ex-Officio Commissioner
Chief Executive Officer
(SGD.) ALEXANDER A. PADILLA
(SGD.) TERESITA A. DESIERTO
Asst. Secretary, DILG
Commissioner
Ex-Officio Commissioner
(SGD.) JOEL L. ALTEA
(SGD.) FRANCISCO L. DAGNALAN
Asst. Secretary, DPWH
Commissioner
(SGD.) FORTUNATO R. ABRENILLA
(SGD.) ROQUE ARRIETA MAGNO
Representative, NEDA
Commissioner
Ex-Officio Commissioner
Attested:
(SGD.) CHARITO M. BUNAGAN
Board Secretary
The above were published in The Manila Bulletin on 18 January 2001 and in Manila Times on 23 January 2001, and, in accordance with the provisions of law, shall take effect fifteen (15) days from its last publication on 07 February 2001.
Please be guided accordingly.
Adopted: 14 February 2001
(SGD.) ROMULO Q.M. FABUL
RESOLUTION NO. R-683, s. 2000
Requiring the Registration of Subdivision/Condominium Owner/Developer as Real Estate Dealer
WHEREAS, the provision of housing affordable for every family has been the centerpiece program of the present administration;
WHEREAS, the said administration has assured the provision of all available resources to private housing developers to construct a targeted number of new housing units annually until the end of the president’s term;
WHEREAS, accordingly, there is a need that the real estate business be closely supervised and regulated to usher a favorable atmosphere for the housing industry for the satisfaction of the developers and the buyers;
WHEREAS, there is a need to register real estate dealers, apart from real estate brokers and salesmen, considering that real estate dealers are responsible for the delivery of a clean title, completion of the project’s facilities and construction of the housing units in accordance with government standards;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the subdivision and condominium owners/developers be registered as real estate dealers with the Board pursuant to Sec. 11 of PD 957 otherwise known as the Subdivision and Condominium Buyers Protective Decree.
Approved 19 October 2000, Quezon City, Metro Manila.
(SGD.) LEONORA VASQUEZ-DE JESUS
Chairperson
(SGD.) LUALHATI R. BUENAFE
(SGD.) ROMULO Q.M. FABUL
Asst. Chief State Prosecutor, DOJ
Commissioner and Chief Executive Officer
Ex-Officio Commissioner
(SGD.) ALEXANDER A. PADILLA
(SGD.) TERESITA A. DESIERTO
Asst. Secretary, DPWH
Commissioner
Ex-Officio Commissioner
(SGD.) FORTUNATO R. ABRENILLA
(SGD.) ROQUE ARRIETA MAGNO
Representative, NEDA
Commissioner
Ex-Officio Commissioner
Attested:
(SGD.) CHARITO M. BUNAGAN
Board Secretary
Guidelines in the Registration of Real Estate Dealers
1. Dealer Defined
A dealer shall mean any person directly engaged as principal in the business of buying, selling; or exchanging real estate whether in full-time or part-time basis. [section 2(k) PD 957]. A bulk buyer, which is for purposes of this guidelines, is covered in the definition of a dealer, shall mean any person who acquires a lot or a portion of the subdivision and who, with or without re-subdividing or introducing housing or other facilities, sells the same, under its previous license to sell or in a new license to sell in his name to the public.
2. Scope of Application
A subdivision or condominium owner/developer who desires to sell lots or units in his projects shall register as a real estate dealer with this Board.
3. Time of Registration
1) A developer who is intending to engage in real estate business and who, for the first time, is developing a subdivision or condominium intended for sale to the public, shall apply as a real estate dealer simultaneous to its application for registration and license to sell of its first project.
2) A developer who has been engaged in real estate business and who owns or develops a project already registered and licensed by this Board shall apply for registration with this Board upon the effectivity of this guidelines.
4. Renewal of Registration
The certificate of registration for dealers shall expire on the first day of December of each year, Renewal of registration for the succeeding year shall be granted upon filing an application made not less than thirty (30) nor more than sixty (60) days before the first day of the ensuing year and upon payment of the prescribed fee without the necessity of filing further statements or information, unless specified by the Board. All applications filed beyond said period shall be treated as original applications.
5. Registry of Dealers
The names and addresses of all persons registered as dealers shall be recorded is a Register kept by the Board which shall be open to public inspection.
6. Revocation of Registration
An application for registration may be refused or any registration already granted thereunder, revoked by the Board if, after reasonable notice and hearing, it shall be determined that such applicant or registrant:
1. has violated any provision of PD 957 and other related laws or any rule or regulation made thereunder, or
2. has made material false statement in his application for registration, or
3. has been guilty of a fraudulent act in connection with any sale of a subdivision lot or condominium unit, or
4. has demonstrated his unworthiness, to transact the business of dealer.
7. Complaint against Dealers
In case of a complaint against a dealer, notice thereto shall be given to all the brokers or salesmen employed by said dealer.
8. Suspension of Dealers
Pending the hearing of the complaint, the Board shall have the power to order the suspension of the dealer’s registration provided that such order shall state the cause for the suspension.
9. Effects of Suspension/Revocation
The suspension or revocation of the registration of a dealer shall carry with it the suspension or revocation of the certificates of registration and licenses to sell of all the projects owned/developed by said dealer.
10. Notice to the Register of Deeds.
An order of suspension or revocation of registration of a dealer shall be furnished the Register of Deeds of the city or municipality where said dealers’ project is located. The notice shall contain an advice to suspend the registration of all transactions involving the dealer’s projects or any lot or unit in said project.
11. Effects of the lifting of Suspension/Reinstatement of Registration
If the suspension is lifted or the registration is reinstated by the Board, the registration and license to sell of the projects owned by such dealer shall be automatically restored or reinstated. A copy of the decision lifting the suspension or reinstatement of the registration shall be furnished the Register of Deeds as well as its brokers and salesmen.
12. Registration Fees
The Board shall collect registration fees in the amount of Two Thousand (P2,000.00) with twenty percent (20%) surcharge on late registrations.
13. Administrative Fines and Penalties
An owner/developer, who as dealer, fails to register as provided for under these guidelines shall be liable under Sections 38 and 39 of Presidential Decree 952 and related laws, rules and regulations being implemented and enforced by this Board.
14. Effectivity
These guidelines shall take effect on the first day of January 2001.
(SGD.) LEONORA VASQUEZ DE JESUS
Chairperson
(SGD.) LUALHATI R. BUENAFE
(SGD.) ROMULO Q.M. FABUL
Asst. Chief State Prosecutor DOJ
Commissioner and
Ex-Officio Commissioner
Chief Executive Officer
(SGD.) ALEXANDER A. PADILLA
(SGD.) TERESITA A. DESIERTO
Asst. Secretary, DILG
Commissioner
Ex-Officio Commissioner
(SGD.) JOEL L. ALTEA
(SGD.) FRANCISCO L. DAGNALAN
Asst. Secretary, DPWH
Commissioner
(SGD.) FORTUNATO R. ABRENILLA
(SGD.) ROQUE ARRIETA MAGNO
Representative, NEDA
Commissioner
Ex-Officio Commissioner
Attested:
(SGD.) CHARITO M. BUNAGAN
Board Secretary