Here’s a practitioner-grade legal article on Land Sale Buyer Default: Legal Remedies in the Philippines—comprehensive but still general information (not legal advice).

Executive takeaways

Your remedy depends on how the deal is structured: (a) one-time cash sale, (b) contract to sell/conditional sale with retention of ownership, (c) installment sale (developer or private), or (d) sale secured by a real estate mortgage.
Core levers are specific performance, rescission/cancellation, damages/penalties, and (where there’s a mortgage) foreclosure.
Maceda Law (R.A. 6552) protects installment buyers of real estate—you can’t just keep everything and kick them out; there are grace-period, notice, and refund (cash-surrender value) rules.
Courts may strike down unconscionable fees/forfeitures; even with usury ceilings suspended, equity controls outcomes. Draft and enforce clear default definitions, cure periods, acceleration, forfeiture, and venue clauses.

Default scenarios & the seller’s toolbox

A. One-time cash sale (no title transfer yet)

Facts: Deed/contract signed; buyer fails to pay on date due; you have not transferred title/possession.

Remedies

Specific performance (sum of money + legal interest + damages).
Rescission under Art. 1191 (reciprocal obligations)—unwind the sale due to substantial breach; recover possession/documents; claim damages.
Liquidated damages/earnest-money forfeiture if the contract so provides (courts can reduce if unconscionable).

Practice points

Include an automatic cancellation clause upon written demand and failure to cure within, say, 15–30 days; courts still review for fairness.
If both parties are natural persons in the same city/municipality, do Barangay conciliation first (Katarungang Pambarangay) before suing.

B. Contract to Sell / Deed of Conditional Sale (seller retains ownership until full payment)

Facts: Buyer gets conditional rights/possession, but ownership passes only upon full payment.

Remedies

Cancellation of the contract for material default (observe your notice & cure clauses).
Ejectment (unlawful detainer) to recover possession if buyer stays after valid cancellation; file within 1 year from last demand/end of tolerance.
Forfeiture of agreed penalties/down-payments (subject to equity).
Damages (e.g., use/occupation, deterioration).

If the sale is on installments, jump to Section D (Maceda Law overlay).

C. Deed of Absolute Sale already executed & title transferred; balance unpaid (deferred price)

Facts: You conveyed title but allowed deferred/balance payment; sometimes secured by a real estate mortgage (REM) or vendor’s lien.

Remedies

Specific performance (collect the balance + interest/penalties).
If there is a REM, pursue judicial or extrajudicial foreclosure (Act No. 3135): auction the property; buyer (mortgagor) typically has a one-year redemption in extrajudicial foreclosure.
Rescission is harder after full conveyance, but may still be sought under Art. 1191 if expressly reserved or where breach defeats the contract’s object—expect close judicial scrutiny.

Practice points

Always secure balances with a REM (or at least an annotated vendor’s lien/conditional sale); without security, you’re left to chase a debtor who now owns the land.

D. Installment sales of real property (developers and private sellers): Maceda Law compliance

Maceda Law (R.A. 6552)—the Realty Installment Buyer Act—limits how sellers cancel and what they can forfeit in installment sales of real estate (generally residential lots/units). Key buyer rights:

If buyer paid ≥ 2 years of installments:
- Grace period: 1 month per year of paid installments to update arrears without interest.
- On cancellation, buyer gets cash surrender value (CSV) of at least 50% of total payments, plus 5% per year after 5 years, capped at 90%.
If buyer paid < 2 years:
- 60-day grace period to pay arrears without interest.
Cancellation is effective only after: (1) grace period lapses, and (2) a notarized notice of cancellation is received by the buyer; if buyer pays within grace, you must accept and reinstate.
Assignments/loan take-outs: If the buyer assigns to a new buyer (or does a bank take-out) with your consent, compute CSV and rights accordingly.
No waiver of Maceda rights is valid if it undermines minimum protections.

Seller playbook under Maceda

Compute eligibility (years paid, total payments).
Issue a written demand stating arrears and grace period, warn of notarized cancellation.
After grace lapses, serve notarized notice of cancellation and compute CSV (if applicable).
On cancellation, process turnover (possession) and refund net CSV (less lawful charges) within a reasonable time; document property condition.
If buyer refuses to vacate, file unlawful detainer (attach the notices and CSV computation to show compliance and good faith).

Tip: Many disputes are lost not on the merits but for non-compliance with Maceda’s notice/grace/CSV mechanics.

Remedies menu (what to ask for, when)

Scenario	Specific Performance	Rescission/ Cancellation	Forfeiture / Liquidated Damages	Foreclosure	Possession (Ejectment)
Cash sale, no conveyance yet	✅	✅ (Art. 1191)	✅ (subject to equity)	❌	✅ (if buyer occupied w/o right)
Contract to Sell (non-Maceda)	✅ (often with acceleration)	✅ (observe notice/cure)	✅ (equity review)	❌ (unless also mortgaged)	✅
Installment sale (Maceda)	Limited by Maceda (must allow cure)	✅ only after Maceda steps	Forfeiture limited by CSV rules	❌ (unless mortgaged)	✅ (post-cancellation, if buyer holds over)
With Real Estate Mortgage	✅	Maybe	Penalties as agreed (equity review)	✅ (Act 3135)	After foreclosure/consolidation; or via ejectment if separate ground

Drafting for enforceability (before default happens)

Define default clearly: non-payment; NSF checks; failure to pay taxes/assessments/HOA dues (if buyer bears them); breach of “no-build/no-transfer” rules; failure to submit financing documents.
Cure & acceleration: give a written demand + cure window; add acceleration (all installments immediately due).
Possession & risk: who holds possession pre-full payment; who pays taxes/dues; right to re-enter after cancellation.
Security: require a REM (even if you retain title) to simplify foreclosure if you do conveyance early.
Penalties: reasonable late charges and default interest; avoid usury-like totals—courts reduce unconscionable rates/forfeitures.
Maceda compliance: for installment sales, hard-code grace-period, notarized cancellation, CSV formula, and notice methods (personal service + registered mail).
Dispute venue & ADR: pick exclusive venue; consider arbitration (still file ejectment in court when needed for possession).
Title safeguards: keep adverse claim/lis pendens risks in mind; control annotation language until full payment.

Litigation & enforcement pathways

Demand letter (trigger default/cure; preserve interest/penalties).
Barangay conciliation if required (both natural persons within one city/municipality).
Filing:
- Sum of money (specific performance).
- Rescission (Art. 1191) with damages; ask for cancellation of annotations on title.
- Unlawful detainer (MeTC/MTC) within 1 year from last demand if buyer holds over.
- Foreclosure (judicial or extrajudicial) if there’s a REM.
Provisional remedies: Preliminary injunction (to stop waste/transfer), writ of replevin for documents (rare), notice of lis pendens on the title for pending actions affecting the property.
Evidence: contract/deeds, receipts/ledger, demand & cancellation notices (with registry proofs), CSV computations (Maceda), photos/inspection reports, tax and HOA statements.

Prescription (time limits)

Actions on written contracts (e.g., to collect price) generally 10 years.
Unlawful detainer: 1 year from last demand/termination of right.
Maceda CSV claims: treat as written-contract/civil claims; file promptly after dispute ripens.

Money questions: how much can you keep/claim?

Earnest money: if denominated as earnest money (part of price), forfeiture needs a clear clause and passes equity review; if option money (for the unilateral option), forfeiture is more defensible when buyer backs out per terms.
Liquidated damages: enforceable if reasonable and not a penalty cloaked as price; courts may reduce under the Civil Code when unconscionable.
Rents/occupancy value: claim reasonable compensation for use of the property during default/holdover.
Taxes/assessments: if buyer had the burden but you advanced them, claim reimbursement + interest.
Attorney’s fees/costs: recover only if stipulated or when justified by bad faith/exceptional circumstances.

Special fact patterns

Buyer financed by a bank: You (or the buyer) may have executed a REM in favor of the bank. Upon buyer default to the bank, the bank forecloses; your unpaid balance to you is a separate claim unless secured. Coordinate so your seller’s lien (if any) isn’t wiped out by senior mortgages.
Double sale risk: If buyer defaults but has annotated rights, cancel those annotations via court as part of rescission; record adverse claims sparingly and in good faith.
Condo/subdivision projects: DHSUD (formerly HLURB) has sales-to-buyers rules; Maceda applies; many disputes fall within DHSUD adjudication (administrative forum) alongside regular courts for ejectment/collection.
Possession first, pay later deals**: Always issue written permits to occupy that clarify the temporary nature and automatic revocation on default; it streamlines detainer.

Step-by-step enforcement playbook (checklist)

Map your deal: cash vs. CTS vs. installment vs. REM; confirm who holds title and who holds possession.
Audit the paper: contract, receipts, ledgers, tax/HOA obligations, default/penalty clauses, Maceda wording, notices allowed.
Send a compliant Demand & Cure letter: itemize arrears, invoke acceleration, set a firm cure date, warn of cancellation/foreclosure/ejectment.
For installments: calculate Maceda grace and CSV; serve notarized cancellation after grace lapses.
Lock the evidence: registry proofs of service (registered mail/PKG receipts), delivery affidavits, photos, meter readings.
Pick the forum:
- Detainer for possession (fast track in MTC/MeTC).
- Sum of money for collection.
- 1191 rescission in RTC (with damages & annotation cancellations).
- Foreclosure if there’s a REM.
Provisional relief: apply for injunction to stop waste/transfer; annotate lis pendens if the action affects title.
Settlement lens: offer restructure (short extension, partial condonation of penalties) in writing—if it fails, you look more reasonable in court.

Model clauses (seller-favoring but court-defensible)

Default & Cure: “Failure to pay any amount when due shall constitute default. Seller shall give written notice; Buyer has 15 days from receipt to cure. Failure to cure triggers acceleration and remedies below.”
Cancellation (CTS/installment): “Upon uncured default and compliance with R.A. 6552 where applicable, Seller may cancel this Contract by notarized notice, repossess the Property, and forfeit amounts paid as liquidated damages subject to statutory limits and equity.”
Possession: “Buyer’s right to occupy is conditional and shall terminate upon cancellation; Buyer shall vacate within 10 days from receipt of cancellation.”
Interest & Penalties: “Late amounts bear [x]% per month default interest + [y]% penalty after [z] days; amounts assessed are without prejudice to damages.”
Attorney’s fees: “If counsel is engaged to enforce rights hereunder, Buyer shall pay attorney’s fees of 10% of amounts due, plus costs.”
Taxes/dues: “From delivery of possession, Buyer bears RPT/assessments/HOA dues; Seller may advance and recover with interest.”

(Tailor amounts to reasonableness; courts can pare down overreach.)

Bottom line

Default by a land buyer is manageable if you (1) categorize the transaction, (2) follow the correct playbook (Maceda vs. non-Maceda; with or without mortgage), and (3) paper the steps—demand, grace, notarized cancellation, CSV (if applicable), and proper filing. The fastest path to relief often pairs cancellation + ejectment (to regain possession) with either collection or foreclosure (to recover money). Courts reward clear drafting and procedural compliance far more than hard-nosed forfeiture language.

If you want, tell me your contract type, how many installments were paid, and who holds the title/possession. I can turn this into a ready-to-send demand + Maceda-compliant cancellation packet, plus an ejectment pleading shell you can hand off to counsel.