Cebu Real Estate Information

Comprehensive information for empowerment of property buyers, sellers, and salespersons

Cebu Properties


88 Summer Breeze

Acacia Drive

Courtyards of Pasadena

Michael James

Murano 4BR Riverdale

Sapphire 3BR Riverdale

Emerald 4BR Riverdale

Riverdale Subdivision

Ruby 4.5BR Riverdale

Gavina 5BR Riverdale

Fatima 5BR Riverfront

Elaisa  5BR Riverfront

Drina   4BR Riverfront

Carmela 3BR Riverfront

Greenwoods Executive Village

Marga  2BR Riverfront

North Belleza Talamban


88 Hillside Mandaue City

Aduna Beach Villas

Amoa Subdivision

Anami Homes Jugan

Aspen Heights  (Lot only)

Aspen Heights Fiona H&L rfo

Aspen Heights Aurora H&L rfo

Casa Cerro Compostela

Casili Residences

Crown Heights (Lot only)

El Montegrande 200 sqm Lot

El Monteverde de Cebu

Elizabeth View Homes

Garden Bloom Villas

Greenville Heights

Lunah 2-storey 4BR

Mandaue Lot 7,825 sqm

Northfield Residences

Redwood Subdivision

Richwood Homes

Summerhills (Lot only sale)

The Heritage (Lot only)

Villa Melissa Liloan

Virtacci Hills

Vista Verde Residential Estates

Yanessa Country Homes   


Acasys Homes


Bali Residences

Blessed Sacrament

City Homes Mactan

CKL Homes

Collinwood Subdivision

Discovery Bay Resort

La Aldea del Mar

Pacific Grande 2

Park Place Twin Homes


Summerville Cordova

Sunberry Homes

Teakwood Subdivision

Villas Magallanes (Lot only)


88 Brookside Talisay SRP

4BR H&L overlooking sea

Baywalk Talisay

Beachfront house Talisay

City Homes Minglanilla

Malibu Residence

San Fernando 2.5 hec

South Covina

The Villagio

Velmiro Heights

Villa Donna Talisay

Vista Grande Overlooking  



Amisa Condo

Apple One Banawa

Arterra Residences 

Atelier Residences

Avalon Condo Ayala

Avida Towers

Azalea Place

Bamboo Bay

Bayanihan Flats

Bloq Residences Mandaue

Diamond Suites & Res

Eagles Nest

Grand Residences

La Mirada

Marco Polo Residences

Myvan Cityscape

Myvan Cityscape 2

Myvan Grand Tower

One Oasiis

Pacific Grande condo

Penthouse Woodcrest

Saekyung Village One

The Trillium Residences

Vertu Residences

Woodcrest 2BR condo rfo



Casili Mandaue 7,825 sqm

SanFernando 2.5 hec. cheap



2BR apartment for rent in Mandaue

1BR condo for rent in Mandaue 15K 

2BR condo rent in Mandaue 28

IT Park Lahug 1BR condo

Metropolis 4BR house for rent 35K 

Dona Rita Cebu City house rent 7BR

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As a seller, why should you not negotiate that the buyer pays for the capital gain tax

As a seller, why should you not negotiate that the buyer pays for the capital gain tax

Although some sellers have the option to let the buyer pay the capital gain tax, but based on actual experiences that we have gone through, it would be safer for the seller to pay this instead of the buyer on the legal view point.

While it is true that sellers may opt for passing the obligation to buyers as mentioned in our website and presents no problem when negotiations are all smooth sailing. Some lawyers would just notarize for a fee anyway. However, there are cases wherein a lawyer may scrutinize every word in a contract. "Nothing in a contract that states contradictory to law even if both parties agreed on it".

One actual experience I had was that, the seller and buyer agreed already on the price. Then, came the contract signing wherein the buyer hired the services of a lawyer. The contract draft that I made based on their agreement stated that it shall be the responsibility of the buyer to pay the capital gain tax and docs stamps. But the lawyer is not willing to notarize the contract because it contradicts a basic law - The basic law states that it is the responsibility of the seller to pay the capital gain tax. The seller then could not back track on the price as it was already agreed and quoted in writing. So much have been done by both parties to get the deal done. Since the seller no longer had time to wait for the next buyer as he was already prepared for his trip abroad, he had to assume the payment of the capital gain tax so that the lawyer will notarize the contract.

The above mentioned scenario is just one example. There could also be some complications such as,  if whatever reason, the capital gain tax cannot be paid by the buyer even if he already agreed that it's his obligation, though the government will not release the new title in the name of the new buyer, the seller will still be faulted by the government for his failure to pay the capital gain tax.  It's a complicated matter especially if there are relatives authorized by the buyer to process the papers who can spot legal discrepancies , may take the capital gain tax budget for himself and legally faults the seller for non-payment.

It would be most ideal  and safer for the good of all parties involved that the contract shall contain provisions that are not contradictory to the law. Instead of having to resort to let buyers pay the Capital gain tax, it would be better to adjust the price so that the budget for capital tax would be covered. Although we still have to be careful with this because the price factor will also affect the saleability of the property.


Manuel Arengo jr.

Real Estate Broker

License No. 0007808

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