If a real estate agent is asking you to reserve a pre-selling condo, house-and-lot, or subdivision lot in the Philippines, verify two things before sending money: the person selling to you and the project being sold. A legitimate-looking Facebook page, glossy brochure, or “limited slots today” message is not enough. For pre-selling property, the unit may not yet exist, so your best protection is to check the agent’s PRC authority, the developer’s DHSUD License to Sell, the exact project phase or tower, and the payment channel before you sign or pay.
Why verifying a pre-selling real estate agent matters
Pre-selling property is property offered before completion. Buyers usually pay a reservation fee, down payment, and monthly installments while the building or subdivision is still under construction.
That setup is common and legal in the Philippines, but it also creates risk because the buyer is relying on:
- the developer’s promise to complete the project;
- the approved plans, turnover date, and amenities;
- the truthfulness of the advertisements;
- the authority of the person collecting documents or money; and
- the project’s regulatory approval from the government.
The agent may be friendly, knowledgeable, and referred by someone you trust, but that does not automatically mean they are legally allowed to sell. In the Philippines, real estate selling is regulated. For subdivision and condominium projects, the project itself is also regulated.
A safe verification process checks both:
| What to verify | Why it matters |
|---|---|
| The agent or broker | To confirm the person is legally authorized to sell or negotiate real estate |
| The supervising broker | To confirm a salesperson is properly accredited and supervised |
| The developer’s authority | To confirm the agent is actually connected to the developer or broker network |
| The DHSUD License to Sell | To confirm the exact project, tower, phase, or lots may be offered to buyers |
| The payment account | To avoid paying into a personal or fake account |
| The contract documents | To make sure the reservation agreement, contract to sell, ads, and receipts match |
Legal basis: who can sell real estate in the Philippines?
The main law regulating real estate agents, brokers, and salespersons is Republic Act No. 9646, or the Real Estate Service Act of the Philippines, enacted in 2009. You can read the official text here: Republic Act No. 9646 on Lawphil.
Under RA 9646, a real estate broker is a duly registered and licensed natural person who, for a fee, commission, or other compensation, acts as an agent in real estate transactions. This includes offering, advertising, promoting, negotiating, or helping parties reach an agreement for the sale, purchase, exchange, lease, mortgage, or similar transaction involving real estate.
A real estate salesperson is different. A salesperson is not a licensed broker. A salesperson is a PRC-accredited natural person who performs real estate services for and on behalf of a licensed real estate broker.
This distinction is very important.
A real estate salesperson cannot act independently
Under Section 31 of RA 9646:
- real estate salespersons do not take a broker licensure exam, but they must be accredited;
- they must be under the direct supervision and accountability of a licensed real estate broker;
- they cannot sign a written agreement involving a real estate transaction unless their supervising broker is also a signatory;
- they cannot negotiate or transact on behalf of a broker without first securing the required accreditation; and
- they cannot demand or receive commission directly from the buyer or seller, except through the licensed broker who supervises them.
In simple terms: if the person you are dealing with says they are a “property specialist,” “real estate consultant,” “agent,” “account manager,” “investment advisor,” or “salesperson,” ask who the licensed real estate broker is.
If the answer is vague, that is a warning sign.
Licensed practitioners must show identifying details on real estate documents
Section 38 of RA 9646 requires real estate service practitioners to indicate their certificate of registration, professional identification card or license number, PTR number, APO number, date of issuance, and validity period on documents they sign, use, or issue in connection with their practice.
So when you receive a reservation agreement, computation sheet, buyer’s information sheet, or offer document, check whether the broker’s details appear properly.
Penalties for unauthorized practice
Section 39 of RA 9646 provides penalties for violations of the law. If the violation is committed by an unlicensed real estate service practitioner, the penalty is doubled. This is why legitimate brokers and accredited salespersons normally have no problem giving their PRC details for verification.
Legal basis: pre-selling projects need a License to Sell
For subdivision lots and condominium units, the key buyer-protection law is Presidential Decree No. 957, or the Subdivision and Condominium Buyers’ Protective Decree. You can read the official text here: PD No. 957 on the Supreme Court E-Library.
PD 957 treats “sale” broadly. It includes not only a final deed of sale, but also a contract to sell, option to buy, solicitation of a sale, offer to sell, advertisements, circulars, letters, and similar acts.
That means pre-selling marketing is not just casual promotion. It is part of a regulated sale process.
Under PD 957:
- subdivision and condominium projects must be registered;
- the owner or dealer must obtain a License to Sell before selling units or lots;
- the License to Sell is tied to the specific registered project;
- the developer must file a performance bond before a License to Sell is issued;
- advertisements must reflect the real facts and must not mislead or deceive the public;
- brochures, ads, and sales representations may form part of the developer’s warranties; and
- the developer can be held liable for promises made in sales materials and by its agents.
Today, the government agency handling housing and real estate development regulation is the Department of Human Settlements and Urban Development (DHSUD), created under Republic Act No. 11201, the Department of Human Settlements and Urban Development Act of 2019. You can check DHSUD’s official page for licensed projects here: DHSUD List of Projects with License to Sell.
Quick checklist before paying a reservation fee
Before you pay even a small reservation fee, ask for these:
| Requirement | What to check |
|---|---|
| Full name of agent or salesperson | Match with ID, PRC accreditation, company records, and documents |
| PRC license of broker | Verify through the PRC Online Verification system |
| Salesperson accreditation | Ask for PRC accreditation details and supervising broker’s name |
| Supervising broker confirmation | Broker should confirm the salesperson is under them for that project |
| Developer-issued authority or accreditation | Should identify the project, agent/broker, validity period, and developer or sales channel |
| DHSUD Certificate of Registration and License to Sell | Must match the exact project, tower, phase, or lots being offered |
| Official payment instructions | Pay only to the developer’s official account or authorized payment facility |
| Official receipt procedure | Confirm when and how the developer issues official receipts |
| Reservation agreement | Review names, project details, unit number, price, refund terms, and deadlines |
| Government-issued ID of signatories | Compare names and authority to sign |
Step-by-step guide to verify a real estate agent selling pre-selling property
1. Ask whether you are dealing with a broker or a salesperson
Start with this simple question:
“Are you the licensed real estate broker, or are you an accredited real estate salesperson under a broker?”
A legitimate salesperson should be able to give you:
- their complete legal name;
- PRC accreditation details, if available;
- the name of their supervising licensed real estate broker;
- the broker’s PRC license number;
- the broker’s contact details;
- the developer or marketing group they are connected with; and
- written authority to market the project.
A legitimate broker should be able to give you:
- full name as registered with PRC;
- PRC license number;
- PRC Professional Identification Card validity date;
- PTR number;
- Accredited Professional Organization details, if applicable;
- office address; and
- written authority or accreditation from the developer or project seller.
Be careful if the person says:
- “My license is under process.”
- “My broker will appear only after you reserve.”
- “Everyone sells this way.”
- “You do not need to verify because I am directly connected.”
- “The developer will issue papers later.”
- “Send the reservation now so you do not lose the unit.”
Pressure is not proof of legitimacy.
2. Verify the broker through PRC
Go to the official PRC Online Verification system.
You can verify by name or by license number. Use the exact spelling of the broker’s name as shown on their PRC ID or professional documents. If the person gives you only a nickname, ask for the legal name.
When checking, look for:
- profession: Real Estate Broker;
- complete name;
- license or registration number;
- current validity;
- consistency with the documents given to you.
If you cannot find the broker online, do not immediately assume fraud. Online systems can have spelling, encoding, or availability issues. Ask the broker to provide additional proof, such as a copy of the PRC ID, Certificate of Registration, or a PRC certification. PRC services can also be accessed through PRC LERIS.
What matters is that the broker should be willing to be verified.
3. Verify the salesperson’s accreditation and supervising broker
Salespersons are harder to verify online than brokers because public records may not always be as straightforward. Do not stop at a business card or Facebook profile.
Ask for:
- PRC accreditation as real estate salesperson;
- the broker’s name and license number;
- proof that the salesperson is accredited under that broker;
- the broker’s written confirmation;
- the developer’s written recognition of the broker or salesperson for the project.
Under RA 9646, the salesperson acts under the broker’s direct supervision. If the salesperson is selling without naming a broker, or if the broker refuses to confirm the relationship, treat that as a serious warning sign.
You can also check available official lists and advisories from PRC and DHSUD, including the DHSUD List of Real Estate Brokers and Salespersons when accessible.
4. Ask for the developer’s written authority to sell
A valid PRC license does not automatically mean the person is authorized to sell every project.
For pre-selling projects, ask for proof that the person or their broker is authorized to sell that specific development. This may be called:
- accreditation certificate;
- authority to sell;
- broker accreditation;
- seller accreditation;
- marketing agreement;
- sales authorization;
- project assignment; or
- developer-issued certification.
The document should identify:
- the developer or project owner;
- the broker or accredited salesperson;
- the project name;
- the tower, phase, block, lot, or unit category covered;
- validity period;
- official payment process;
- contact person for confirmation; and
- signature of the authorized developer representative.
Then verify directly with the developer using official contact details from the developer’s website, SEC records, DHSUD records, or official project materials. Do not rely only on the phone number or email address supplied by the agent.
5. Verify the project’s DHSUD License to Sell
This is one of the most important steps.
For pre-selling subdivision and condominium projects, ask for:
- DHSUD Certificate of Registration;
- DHSUD License to Sell;
- License to Sell number;
- date of issuance;
- project name;
- developer name;
- project location;
- tower, phase, block, lot, or saleable area covered; and
- approved completion or development period, if stated.
Then check the project through the DHSUD List of Projects with License to Sell or with the DHSUD regional office covering the project location.
Be precise. A License to Sell for one tower does not automatically cover another tower. A License to Sell for Phase 1 does not automatically cover Phase 2. A License to Sell for certain lots does not automatically cover all lots in a subdivision.
When verifying, match:
| Detail | Why it matters |
|---|---|
| Project name | Developers may use similar branding across several projects |
| Developer name | Marketing name may differ from legal developer name |
| Location | Same project name may appear in different cities |
| Tower or phase | Pre-selling approvals may be issued per phase or tower |
| License number | Helps DHSUD confirm the record |
| Unit type or saleable area | Ensures the specific inventory is covered |
| Date and validity/status | Confirms the document is not outdated, suspended, or unrelated |
A Certificate of Registration is not the same as a License to Sell. The safer rule is: do not rely on “registered project” language alone. Ask specifically for the License to Sell.
6. Check whether the advertisements match the approved project
PD 957 requires advertisements and sales materials to reflect the real facts and not mislead buyers. The developer may be answerable for facilities, improvements, infrastructure, and development promises made in brochures, advertisements, and sales propaganda.
Save copies of:
- Facebook posts;
- marketplace listings;
- Viber, WhatsApp, Messenger, or email conversations;
- computation sheets;
- floor plans;
- sample turnover dates;
- amenity claims;
- discount offers;
- reservation deadlines;
- payment instructions;
- project videos;
- screenshots of ads; and
- the agent’s profile and contact details.
This evidence can matter later if the actual contract, License to Sell, or turnover terms do not match what was promised.
7. Verify the developer or project owner
For a corporation, check whether the developer is registered with the Securities and Exchange Commission. You may use official SEC systems such as SEC Express to request company documents or search using the registered company name or SEC registration number.
Useful documents may include:
- SEC Certificate of Incorporation;
- Articles of Incorporation;
- latest General Information Sheet;
- company address;
- authorized officers;
- board or officer authority, if signing contracts;
- project owner information; and
- developer name as reflected in DHSUD records.
For condominium projects, also ask about the condominium corporation, master deed, declaration of restrictions, and foreign ownership limit if you are a foreign buyer.
8. Pay only through official payment channels
This is where many buyers get hurt.
For developer sales, payment should normally go to the developer’s official bank account, official payment portal, cashier, or authorized payment facility. Be very careful with requests to pay:
- personal bank accounts;
- personal GCash, Maya, Wise, PayPal, or crypto wallets;
- accounts under a different company name;
- “temporary collection accounts”;
- “manager’s account”;
- cash without official receipt;
- deposits labeled as “processing,” “unit blocking,” or “under-the-table priority.”
A reservation fee should result in an official acknowledgment and, when applicable, an official receipt from the proper party.
Before paying, confirm in writing:
- exact payee name;
- bank account name;
- purpose of payment;
- unit number or project allocation;
- reservation validity period;
- refundability or non-refundability;
- documents to be issued after payment;
- deadline for signing the next contract; and
- consequences if financing is not approved.
Documents to request before reserving a pre-selling property
| Document | From whom | What to check |
|---|---|---|
| PRC ID or license details of broker | Broker | Name, license number, validity, profession |
| Salesperson accreditation | Salesperson | Accreditation under the named broker |
| Broker confirmation | Broker | Written confirmation that salesperson acts under them |
| Authority to sell or accreditation | Developer or marketing group | Project, validity, authorized seller, payment process |
| DHSUD Certificate of Registration | Developer | Project details and registration |
| DHSUD License to Sell | Developer / DHSUD | Exact tower, phase, lots, or units covered |
| Sample reservation agreement | Developer or broker | Buyer name, unit, price, refund terms, signatures |
| Sample Contract to Sell | Developer | Payment terms, turnover, default, refund, title delivery |
| Official computation sheet | Developer or broker | Total contract price, VAT, charges, dues, penalties |
| Official payment instructions | Developer | Account name and receipt process |
| SEC registration documents | Developer | Correct legal name and corporate status |
| Project title or land information | Developer | Registered owner, mortgages, annotations, project consistency |
Practical timelines and costs
| Task | Usual timeline | Cost |
|---|---|---|
| PRC online license verification | Same day if system is available | Free |
| Asking broker/developer for documents | Same day to a few business days | Usually free |
| DHSUD online project search | Same day if record is accessible | Free |
| DHSUD regional office validation | A few days to several weeks depending on office workload | Usually minimal or none for inquiry |
| SEC company document request | Several days depending on delivery or online availability | Paid SEC document fees |
| Review of reservation and contract documents | Before payment or signing | Depends on who reviews |
| PRC certification or authentication, if needed | Varies by PRC office and service | PRC fees may apply |
| Complaint with PRC, DHSUD, HSAC, or prosecutor | Months or longer depending on facts and docket | Filing and documentation costs may apply |
Common red flags when dealing with pre-selling agents
The agent refuses to identify the supervising broker
A salesperson should not be acting alone. If the person cannot name the broker or says the broker is “internal only,” pause the transaction.
The broker’s license is expired or does not match the person
Check spelling, profession, and validity. A license in another profession is not a real estate broker license.
The License to Sell is for a different phase, tower, or project
This is common in large developments. Do not rely on a License to Sell for “the project” unless it clearly covers the exact inventory being offered.
The agent asks for payment to a personal account
This is one of the strongest warning signs. Even if the person is legitimate, personal collection creates unnecessary risk.
The agent says the License to Sell will follow later
Under PD 957, a License to Sell is a critical authorization before selling subdivision lots or condominium units to the public. Do not treat “coming soon” as equivalent to approval.
The reservation agreement names only the agent
For developer sales, the agreement should clearly identify the developer or seller, project, buyer, unit, price, and authorized signatories.
The advertised price is much lower than the developer’s official price
There may be legitimate promos, but verify directly. Fake sellers often use unusually large discounts to create urgency.
The project is marketed as “investment guaranteed”
Be careful with promises of guaranteed rental income, guaranteed resale profit, guaranteed appreciation, or guaranteed buyback. Ask for the written contract provision. If it is not in the signed contract, assume it may not be enforceable.
Special concerns for OFWs and buyers abroad
OFWs and Filipinos abroad are frequent targets because they may rely on online communication and relatives in the Philippines.
Practical safeguards:
- Use video calls to verify the broker, salesperson, and developer representative.
- Send verification requests through official company emails, not just messaging apps.
- Ask a trusted representative in the Philippines to visit the developer’s official sales office.
- If someone will sign for you, prepare a proper Special Power of Attorney.
- If the SPA is executed abroad, check whether it must be acknowledged at a Philippine embassy or consulate, or notarized and apostilled in a Hague Apostille country.
- Avoid sending original IDs or signed blank forms.
- Do not sign a blank reservation agreement or blank Contract to Sell.
- Keep screenshots and PDF copies of every representation made to you.
For foreign buyers, the biggest issue is ownership eligibility.
Under the 1987 Philippine Constitution, private land generally cannot be transferred to foreigners except in limited cases such as hereditary succession. For condominiums, Republic Act No. 4726, the Condominium Act, allows ownership structures where a foreigner may own a condominium unit, subject to nationality restrictions, especially the foreign ownership limit in the condominium corporation. You can read the law here: Republic Act No. 4726 on Lawphil.
A foreign buyer should be especially careful if offered:
- a subdivision lot;
- a house-and-lot package;
- land under a Filipino nominee;
- land through a girlfriend, boyfriend, spouse, or friend;
- a corporation created only to bypass nationality restrictions; or
- a “special arrangement” not reflected in the formal contract.
What to do if the agent or project fails verification
If something does not check out, do not rush to accuse anyone immediately. First, preserve evidence and ask for written clarification.
A practical sequence is:
- Stop payment temporarily. Do not send more money while the issue is unresolved.
- Ask for missing documents in writing. Be specific: PRC license, salesperson accreditation, broker confirmation, authority to sell, DHSUD License to Sell.
- Verify directly with the developer. Use official website, office, or corporate contact details.
- Verify with DHSUD. Ask whether the License to Sell covers the specific project, phase, tower, lot, or unit.
- Verify with PRC. Check the broker’s license and, if necessary, ask PRC about certification or complaints.
- Demand proper receipts. If you already paid, ask for official receipt and confirmation that payment was received by the developer.
- Document all communications. Save chats, emails, proof of payment, ads, and identity documents.
- Consider the correct complaint forum.
Possible offices depend on the problem:
| Problem | Possible office or forum |
|---|---|
| Unlicensed real estate practice | Professional Regulation Commission |
| Misleading real estate advertisements | DHSUD, and possibly other consumer or criminal authorities depending on facts |
| Selling subdivision or condominium units without proper License to Sell | DHSUD |
| Contract dispute with developer over condominium or subdivision sale | Human Settlements Adjudication Commission |
| Fraud, fake receipts, identity theft, or intentional deception | PNP, NBI, or prosecutor’s office |
| SEC registration or corporate identity concern | Securities and Exchange Commission |
The Supreme Court has recognized that disputes involving condominium contracts may fall under the jurisdiction of the Human Settlements Adjudication Commission (HSAC) rather than the regular trial courts when the dispute arises from the condominium contract and regulated real estate development. See the Supreme Court’s 2025 discussion here: SC: HSAC, Not RTC, Has Jurisdiction Over Condominium Contract Disputes.
Buyer protections after reservation or installment payments
If you already reserved or started paying, your rights depend on the facts and the contract.
Two laws commonly matter:
PD 957
PD 957 protects buyers of subdivision lots and condominium units. Among other things, it regulates project registration, License to Sell, advertisements, mortgages, completion, title delivery, and developer obligations.
Important buyer protections include:
- advertisements must not mislead;
- promised facilities and improvements may be enforceable as warranties;
- the developer must deliver title upon full payment;
- the developer must complete the project according to approved plans and timelines;
- buyers may have remedies if the developer fails to develop the project according to approved plans.
RA 6552 or the Maceda Law
Republic Act No. 6552, the Realty Installment Buyer Act, protects buyers of real estate on installment payments against oppressive conditions. You can read it here: Republic Act No. 6552 on Lawphil.
For buyers who have paid at least two years of installments, RA 6552 provides rights such as a grace period and, upon cancellation, a cash surrender value subject to legal requirements. For buyers who have paid less than two years of installments, the law provides a grace period of not less than 60 days before cancellation may proceed.
This matters because some pre-selling buyers panic after missing payments or discovering problems with the agent. Do not rely only on what the collector says. Check the law, the contract, and payment history.
Frequently Asked Questions
How do I know if a real estate agent is licensed in the Philippines?
Ask whether the person is a licensed real estate broker or a PRC-accredited real estate salesperson. For a broker, verify the name or license number through the PRC Online Verification system. For a salesperson, ask for PRC accreditation and the name of the supervising licensed broker.
Can a real estate salesperson sell pre-selling property without a broker?
No. Under RA 9646, a real estate salesperson must be under the direct supervision and accountability of a licensed real estate broker. The salesperson cannot independently negotiate or transact for a broker without proper accreditation.
Is a PRC license enough to prove the pre-selling property is safe?
No. A PRC license verifies the broker’s professional authority, not the project’s legality or financial safety. You still need to verify the developer, DHSUD License to Sell, exact project coverage, contracts, payment channels, and official receipts.
How do I check if a condo or subdivision has a License to Sell?
Ask the developer or agent for the DHSUD License to Sell number, then check the DHSUD List of Projects with License to Sell or contact the DHSUD regional office covering the project location. Make sure the License to Sell covers the exact tower, phase, block, lot, or unit being offered.
Is a Certificate of Registration the same as a License to Sell?
No. A Certificate of Registration means the project has been registered. A License to Sell is the authority to sell the subdivision lots or condominium units to the public. For pre-selling, ask specifically for the License to Sell.
Should I pay the reservation fee to the agent?
For developer sales, pay only through the developer’s official payment channels or authorized facility. Avoid personal bank accounts, personal e-wallets, cash without official receipt, and accounts under unrelated names.
Can a foreigner buy a pre-selling condo in the Philippines?
A foreigner may generally buy a condominium unit if the project complies with the Condominium Act and foreign ownership limits. A foreigner generally cannot own private land in the Philippines, except in limited cases such as hereditary succession. Be careful with house-and-lot, subdivision lot, or nominee arrangements.
What if the agent is legitimate but the project has no License to Sell?
That is still a serious problem. A legitimate broker does not cure a missing project License to Sell. Verify directly with DHSUD and do not rely on promises that the license is “coming soon” if you are being asked to reserve or pay.
Where can I complain about an unlicensed real estate agent?
Complaints involving unlicensed real estate practice may be brought to the Professional Regulation Commission. If the issue involves a subdivision or condominium project, License to Sell, misleading advertisements, or developer obligations, DHSUD or HSAC may also be relevant depending on the facts. If there is fraud, fake receipts, or intentional deception, criminal authorities may be involved.
What documents should an OFW ask for before buying pre-selling property?
At minimum, ask for the broker’s PRC details, salesperson accreditation, broker confirmation, developer authority to sell, DHSUD License to Sell, sample reservation agreement, sample Contract to Sell, official computation sheet, official payment instructions, and confirmation from the developer’s official email or office.
Key Takeaways
- Verify the person and the project before paying for pre-selling property.
- A real estate salesperson must be PRC-accredited and supervised by a licensed real estate broker.
- Use the official PRC verification system to check a broker’s license.
- Ask for written proof that the agent or broker is authorized to sell the specific project.
- Check the DHSUD License to Sell and make sure it covers the exact tower, phase, lot, or unit.
- A Certificate of Registration is not the same as a License to Sell.
- Pay only through official developer channels and insist on proper receipts.
- Save screenshots of ads, chats, computation sheets, payment instructions, and promises.
- OFWs and foreign buyers should be extra careful with remote signing, SPAs, payment channels, and ownership restrictions.
- If verification fails, pause the transaction, preserve evidence, and check the proper forum: PRC, DHSUD, HSAC, SEC, or criminal authorities depending on the issue.