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Real Estate Purchase Agreement
"I need a real estate purchase agreement for a residential property valued at $500,000, with a 30-day closing period, 10% earnest money deposit, and contingencies for financing and home inspection."
What is a Real Estate Purchase Agreement?
A Real Estate Purchase Agreement is the key legal contract when buying or selling property in the Philippines. It spells out the exact terms of the sale, including the final price, payment schedule, and when the buyer gets the property title. Under Philippine civil law, this document makes the sale official and binding for both sides.
Beyond the basics, it details property descriptions, tax responsibilities, and any special conditions that must be met before closing. The agreement must follow rules set by the Housing and Land Use Regulatory Board (HLURB) and needs to be notarized to be fully valid. Think of it as your roadmap through the entire property purchase process.
When should you use a Real Estate Purchase Agreement?
Use a Real Estate Purchase Agreement any time you're buying or selling property in the Philippines, even before money changes hands. This contract protects both parties from the moment serious negotiations begin, especially when discussing price, payment terms, or property features that could affect the deal.
The agreement becomes essential once you've settled on a price and want to lock in the terms. It helps prevent last-minute changes, sets clear expectations about closing dates and property handover, and creates a legally binding framework that courts will enforce. For pre-selling transactions or installment purchases, having this agreement in place early helps avoid future disputes.
What are the different types of Real Estate Purchase Agreement?
- Seller And Buyer Agreement: Standard form for direct property sales, covering basic terms and conditions
- Land Purchase Agreement: Specialized for vacant land transactions, with focus on zoning and development rights
- Contract To Sell Home: Residential-specific agreement with occupancy and maintenance terms
- Real Estate Offer To Purchase: Initial binding offer document that can convert to final agreement
- Letter Of Intent To Purchase Property: Preliminary document expressing serious interest before formal agreement
Who should typically use a Real Estate Purchase Agreement?
- Property Sellers: Individuals, real estate developers, or companies who own the property and want to transfer ownership legally
- Property Buyers: Private individuals, investors, or corporations purchasing real estate, who need to ensure their rights are protected
- Real Estate Brokers: Licensed professionals who facilitate the transaction and often help draft initial agreement terms
- Real Estate Attorneys: Legal professionals who review, modify, and finalize the agreement to ensure compliance with Philippine laws
- Notary Public: Required to authenticate the agreement and witness signatures for legal validity
- Bank Representatives: When mortgage financing is involved, they review terms to protect the lender's interests
How do you write a Real Estate Purchase Agreement?
- Property Details: Gather complete property description, lot number, tax declaration, and certificate of title
- Price Structure: Document agreed purchase price, payment terms, and schedule of installments if applicable
- Party Information: Collect complete names, addresses, and valid IDs of all buyers and sellers
- Property History: Verify tax payments, liens, and encumbrances through local assessor's office
- Special Conditions: List any agreed repairs, improvements, or contingencies
- Timeline Details: Set clear dates for closing, property turnover, and document transfers
- Legal Requirements: Use our platform to generate a compliant agreement that meets Philippine real estate laws
What should be included in a Real Estate Purchase Agreement?
- Party Details: Full legal names, addresses, and marital status of buyers and sellers
- Property Description: Complete technical description matching the title, including boundaries and improvements
- Purchase Price: Exact amount, payment terms, and schedule of installments in Philippine Peso
- Title Warranties: Seller's guarantee of clean title and disclosure of any liens or encumbrances
- Closing Terms: Specific dates for payment completion and property turnover
- Default Provisions: Consequences for payment delays or contract breaches
- Tax Responsibilities: Clear allocation of transfer taxes and registration fees
- Notarization Block: Space for notary acknowledgment as required by Philippine law
What's the difference between a Real Estate Purchase Agreement and a Real Estate Contract?
A Real Estate Purchase Agreement differs significantly from a Real Estate Contract in several key ways. While both documents deal with property transactions, they serve distinct purposes in Philippine real estate law.
- Legal Finality: A Purchase Agreement is the final, binding document that transfers property ownership, while a Real Estate Contract often serves as a preliminary agreement outlining intended terms
- Payment Terms: Purchase Agreements include complete payment schedules and closing conditions, whereas Contracts typically cover initial terms and earnest money
- Title Transfer: Purchase Agreements contain specific provisions for actual property transfer, while Contracts focus more on conditions that must be met before transfer
- Legal Requirements: Purchase Agreements must be notarized and meet strict Registry of Deeds requirements; Contracts have fewer formal requirements
- Timeline: Purchase Agreements govern the entire transaction through closing, while Contracts often expire once the Purchase Agreement is signed
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