What is Maceda Law?

Posted in QA on September 30th, 2010 by admin | 2 comments
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Here is Maceda Law or Republic Act 6552. If you need any help in litigating this law please visit the website.

REPUBLIC ACT No. 6552

AN ACT TO PROVIDE PROTECTION TO BUYERS OF REAL ESTATE ON INSTALLMENT PAYMENTS. (Rep. Act No. 6552)

Section 1. This Act shall be known as the “Realty Installment Buyer Act.”

Section 2. It is hereby declared a public policy to protect buyers of real estate on installment payments against onerous and oppressive conditions.

Section 3. In all transactions or contracts involving the sale or financing of real estate on installment payments, including residential condominium apartments but excluding industrial lots, commercial buildings and sales to tenants under Republic Act Numbered Thirty-eight hundred forty-four, as amended by Republic Act Numbered Sixty-three hundred eighty-nine, where the buyer has paid at least two years of installments, the buyer is entitled to the following rights in case he defaults in the payment of succeeding installments:

(a) 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 in every five years of the life of the contract and its extensions, if any.

(b) If the contract is canceled, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty per cent 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 cash surrender value to the buyer.

Down payments, deposits or options on the contract shall be included in the computation of the total number of installment payments made.lawphi1™

Section 4. In case where less than two years of installments were paid, the seller shall give the buyer a grace period of not less than sixty days from the date the installment became due.

If the buyer fails to pay the installments due at the expiration of the grace period, the seller may cancel the contract 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.

Section 5. Under Section 3 and 4, the buyer 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 actual cancellation of the contract. The deed of sale or assignment shall be done by notarial act.

Section 6. The 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 covering the property.

Section 7. Any stipulation in any contract hereafter entered into contrary to the provisions of Sections 3, 4, 5 and 6, shall be null and void.

Section 8. If any provision of this Act is held invalid or unconstitutional, no other provision shall be affected thereby.lawphi1™

Section 9. This Act shall take effect upon its approval.

Approved: August 26, 1972.

  • BERNARDINE C. BEDERICO says:

    Good day Sir/Madam,

    Ask ko lang po yung kinuha ko pong townhouse kc po sabi po ng developer wl na po ako mahahabol sa house eh almost 19 months ko po binayaran. ask ko po sa case ko po kasi 20months lang me nag monthly payments pero di ko pa po natitirhan yung house meaning wl pa po me napapakinabangan sa bahay na naloan ko. kaya po me di na nakapagbayad dahil po napasama me sa tanggalan ng trabaho nung nagkaroon po ng rescission dun po nagsimula na nahirapan na po me magbayad eh na buyback po sya sa pagibig nung july 2010 tapos po nung august 2010 pumunta pa ako sa developer para po bayaran yung buwan po na di ko po nabayaran ayaw na po nila tanggapin kc po kulang yung pera ko pambayad kc po ang laki ng interest 8k ang babayaran ko po tapos po mag iisue po me ng 36 months na postdated checks and kelangan move in po ako para pong sa oras na yun ginipit nila ako tapos po ngayong naghahabol po ako ayaw na po nila ibigay yung house,

    Ang akin lang po eh sana me maku sa pera kong ko pong naibigay sana kanila kc po kung tutuusin di naman cl lugi dun at me pagkakataon pa silang maibenta yung house samantalang po ako wl na kong trabaho tapos po nawalan pa ako ng bahay.

    sana po matulungan nyo po ako. pls lang po na me makuha me sa house.

    eto po yung mga nabayaran ko na po sa kanila.

    Payments Made from 2007 to 2010
    Equitypayments

    January, 2007 3,500.00
    february, 2007 3,500.00
    March, 2007 3,500.00
    April, 2007 3,500.00
    May, 2007 3,500.00
    June, 2007 3,500.00
    July, 2007 3,500.00
    August, 2007 3,500.00
    September, 2007 3,500.00
    October, 2007 3,500.00
    Total 35,000.00

    Start of Takeout thrug pagibig (3719.73 monthly)

    August, 2008 to December, 2008 18,598.65
    January 2009 to December 2009 44,636.76
    January 2010 to march 2010 11,159.19

    Total 74,394.60

    Total Downpayments 35,000.00
    Total monthly payments done
    to pagibig 74,394.60

    Total Payments made 109,394.60

    sana po maunawaan nyo po kalagayan ko po at hari nawa eh matulungan nyo po ako sa problema ko po tnx and god bless and more powers.

    respectfully yours,
    bernardine c. bederico

  • admin says:

    Hi Bernadine:

    We would suggest you visit the office of HLURB and discuss your problem with them. They will definitely attend to you and give advise on what steps to take to help you with your problem.

    Thanks & God Bless,

    Virgilio

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