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Deed of Sale
"I need a deed of sale for a residential property transaction, including a 30-day closing period, a 10% deposit, and clauses for property inspection and financing contingencies."
What is a Deed of Sale?
A Deed of Sale is a legal document that proves the transfer of property ownership from a seller to a buyer in the Philippines. It contains essential details like the complete names of both parties, the property's description, the agreed purchase price, and the date of transfer.
Under Philippine law, this document becomes a crucial piece of evidence in property transactions and helps prevent future ownership disputes. When properly notarized, it serves as the basis for registering the property under the buyer's name with the Registry of Deeds and securing a new tax declaration from local authorities.
When should you use a Deed of Sale?
You need a Deed of Sale when transferring ownership of property in the Philippines, especially for high-value items like real estate, vehicles, or business assets. This document becomes essential during major transactions like buying a house, selling land, or transferring a company vehicle to another owner.
Getting a Deed of Sale prepared and notarized before completing any property transfer protects both parties from future disputes. It's particularly important when applying for bank loans using the property as collateral, registering the transfer with government agencies, or updating tax declarations with local authorities.
What are the different types of Deed of Sale?
- Deed Of Sale For House And Lot: Used for real estate transactions, includes property details, boundaries, and tax declarations
- Deed Of Sale Motor Vehicle: Covers car transfers, includes vehicle specifications and LTO details
- Deed Of Sale Of Motorcycle Vehicle: Specific to motorcycle transfers, includes bike-specific details and registration information
- Deed Of Absolute Sale Motor Vehicle: More comprehensive version for vehicles, includes warranties and complete payment terms
- Auto Deed Of Sale: Simplified version for quick vehicle transfers, contains essential details only
Who should typically use a Deed of Sale?
- Property Sellers: Individuals or companies transferring ownership rights, responsible for providing accurate property details and clean titles
- Property Buyers: Those acquiring ownership, must verify documentation and ensure proper registration after sale
- Notary Public: Authenticates the document, verifies identities, and witnesses signatures to make the deed legally binding
- Real Estate Brokers: Often facilitate the transaction and help prepare initial deed drafts
- Legal Counsel: Reviews terms, ensures compliance with Philippine property laws, and protects client interests
- Government Registrars: Process and record the deed at the Registry of Deeds for official recognition
How do you write a Deed of Sale?
- Seller Details: Gather complete legal names, valid IDs, and contact information of all property owners
- Property Information: Collect title documents, tax declarations, technical description, and property boundaries
- Purchase Terms: Document the agreed price, payment schedule, and any special conditions
- Legal Documents: Secure copies of tax clearances, real estate tax receipts, and other relevant permits
- Verification Steps: Check for liens, encumbrances, or existing claims on the property
- Signatures Required: List all parties who need to sign, including witnesses and spouses if married
- Notarization Plan: Schedule an appointment with a notary public to authenticate the document
What should be included in a Deed of Sale?
- Title and Date: Clear identification as a Deed of Sale with complete execution date
- Party Details: Full legal names, civil status, and addresses of seller and buyer
- Property Description: Detailed technical description, boundaries, and title certificate numbers
- Consideration: Purchase price in words and figures, payment terms, and receipt acknowledgment
- Warranties: Seller's declarations about property ownership and absence of liens
- Transfer Terms: Clear statement of ownership transfer and possession details
- Signature Block: Space for parties' signatures, witnesses, and notary acknowledgment
- Governing Law: Statement that Philippine laws govern the agreement
What's the difference between a Deed of Sale and a Sale Agreement?
A Deed of Sale differs significantly from a Sale Agreement in several important ways. While both documents deal with property transfers, their legal weight and application in the Philippines vary considerably.
- Legal Formality: A Deed of Sale is more formal and must be notarized to be valid, while a Sale Agreement can be a private document between parties
- Transfer Timing: Deeds of Sale transfer ownership immediately upon execution, whereas Sale Agreements often outline future transfer terms
- Government Recognition: Only a Deed of Sale is accepted by the Registry of Deeds for property registration
- Evidence Weight: Deeds carry stronger evidential value in Philippine courts compared to Sale Agreements
- Purpose: Deeds finalize transfers, while Sale Agreements often serve as preliminary contracts outlining terms before the final deed
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