Notarized Authority To Sell

In the case of LEONCIA MANUEL & MARINA S. MUDLONG, Petitioner - versus  - LEONOR SARMIENTO, Respondent (Third Division, G.R. No. 173857, March 21, 2012), among the main issues raised is : whether or not the notarized exclusive authority to sell granted to respondent is valid.

The Supreme Court held that the Court of Appeals was correct in stating thus:

"The trial court correctly found that the authority to sell executed by Marina in favor of Leonor was validly executed. First, Leonor's authority to sell was notarized. Thus, there is a presumption that it had been validly executed. A notarized document has in its favor the presumption of regularity, and can be contradicted only by clear and convincing evidence. Second, while insisting that the authority to sell form had been blank when she signed it, Marina does not deny the genuineness of her signature thereon. Third, the authority to sell presented by Leonor to Marina was a pre-printed form, with the title "Authority to Sell" clearly spelled out on top of the document.  Even if it were true that the details of the form were not yet inserted therein when Marina signed it, she knew, or should have known, from its title, that she had signed an authority to sell in favor of Leonor. Thus, her having signed it in blank was an implied authorization for Leonor to fill it up according to their agreement. In the absence of clear and convincing evidence that Marina and Leonor had an agreement different from that appearing in the signed authority to sell, it is presumed that the signed contract embodies their complete and true agreement. The presumption of regularity, the evidentiary weight conferred upon public documents with respect to its execution, as well as the statements and the authenticity of the signatures thereon, therefore, stand."

The Art of Selling Your Property

Among the most difficult decision ever to be made by a property owner is that of selling one's own property. If it were you, there are several factors that you must consider.
First would be, the necessity of really selling it. More often than not, there is a sentimental value attached to the property and you would definitely find it difficult to let go of it. The memories and shared lives will become fresh and vivid once again. But of course, emotions are respected and no matter how significant those memories were, the time has come for you to sell. This decision is being made because it is beneficial and necessary given the prevailing circumstances. Today is the right time, for tomorrow, such opportunity may no longer be there. Unless you want to build a museum on it, or you have an alternative to what you are deciding on now, then keep it. Otherwise, be more prudent. Sell it.
Second, the price must be right and to the right buyer. As the saying goes, opportunity knocks once. Yes, indeed. But such opportunity must be yours and not the opportunity for others to take advantage of you. Sometimes, people succumb to what we may call, a decision made out of desperation. This is either because money is needed urgently and there seems to be no other way but to sell the property oven if it would been giving it away at a rock bottom price, or maybe one would want to get out of a situation involving the property, and selling it would be the easiest way out. Consequently, you get to meet buyers and brokers that are indifferent to your plight except that grabbing your property at a give away price is for them, an opportunity of a lifetime, and a desperate move on your part. The remedy here is to have your property appraised, and get a professional and honest broker who will really represent your interest. Being able to sell at the right price and to the right buyer is the key to giving justice to the cherished memories in that property.
Third, surround yourself with competent and qualified professionals who can help you get the most out of your transaction. You will need an appraiser to ascertain how much your property is based on the current market value. A broker can help you sell the property, look for buyers and make sure that you will get the best price do your property. The lawyer can draft, prepare and finalized legal documents. He can advise you on matters affecting the sale of the property. You may also need the expertise of a surveyor if only to insure that the description of the property is correct and accurate.
Fourth, above all, pray. Remember, that nothing is impossible with God. As long as you do what you have to do for His Honor and Glory, you will reap success.
By way of summary, the art of selling your property consists of making a learned decision that you will not regret the moment it is no longer yours. Such art must go through the following process:
a. The need to sell the property is a decision reached objectively without emotions.
b. The price must be close or just about the same with that of its appraised value.
c. The buyer is serious, legitimate, and willing to pay cash or enter into arrangements backed up by a bank or other financing institutions.
d. Seek professional help.
e. Pray for Divine guidance and blessings.