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Agreement Contract To Buy And Sell (Real Estate) for Philippines

Agreement Contract To Buy And Sell (Real Estate) Template for Philippines

A comprehensive legal document governed by Philippine law that formalizes the transfer of real estate property from a seller to a buyer. This agreement outlines the terms and conditions of the sale, including property details, purchase price, payment terms, obligations of both parties, and conditions for title transfer. It incorporates requirements from various Philippine regulations including the Civil Code, Property Registration Decree, and relevant tax laws. The document serves as the primary instrument for protecting both parties' interests and ensuring a legally compliant property transaction in the Philippine jurisdiction.

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What is a Agreement Contract To Buy And Sell (Real Estate)?

The Agreement Contract To Buy And Sell (Real Estate) is a crucial legal instrument in Philippine property transactions, designed to formalize and document the transfer of real estate ownership. This document is essential when any party wishes to sell or purchase real property in the Philippines, whether for residential, commercial, or industrial purposes. It must comply with various Philippine laws including the Civil Code, Property Registration Decree (PD 1529), and the Real Estate Service Act, among others. The agreement typically includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and conditions for transfer. It serves as the foundation for the eventual transfer of title and protects both parties' interests throughout the transaction process. The document is particularly important in the Philippine context due to specific local requirements for property ownership, transfer procedures, and tax obligations.

What sections should be included in a Agreement Contract To Buy And Sell (Real Estate)?

1. Parties: Identification and details of the Seller and Buyer, including complete names, civil status, addresses, and tax identification numbers

2. Background: Context of the transaction, including brief property history and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including lot number, block number, title details, boundaries, and improvements

5. Purchase Price: Total purchase price, payment terms, and schedule of payments

6. Mode of Payment: Specific details on how payments will be made, including bank details and acceptable payment methods

7. Conditions Precedent: Conditions that must be met before the sale becomes final, including title verification and property inspection

8. Representations and Warranties: Declarations by both parties regarding their capacity to enter into the agreement and the property's condition

9. Seller's Obligations: Specific responsibilities of the seller including document preparation and property maintenance until turnover

10. Buyer's Obligations: Specific responsibilities of the buyer including timely payments and compliance with requirements

11. Taxes and Expenses: Allocation of taxes, registration fees, and other transaction costs

12. Title Transfer: Process and timeline for transferring the property title to the buyer

13. Default and Remedies: Consequences of default by either party and available remedies

14. Governing Law: Specification of Philippine law as governing law and relevant jurisdictions

15. Miscellaneous Provisions: Standard clauses including severability, entire agreement, and amendment procedures

What sections are optional to include in a Agreement Contract To Buy And Sell (Real Estate)?

1. Mortgage Provisions: Include when the purchase involves bank financing or mortgage arrangements

2. Existing Tenancy: Include when the property has current tenants and handling of lease agreements

3. Property Management: Include when the property is part of a managed development or condominium

4. Construction Completion: Include for pre-selling arrangements or properties under construction

5. Broker Provisions: Include when real estate brokers are involved in the transaction

6. Foreign Ownership Compliance: Include when either party is a foreign national, addressing ownership restrictions

7. Joint Venture Provisions: Include when the purchase involves multiple buyers or development plans

8. Environmental Compliance: Include when the property requires environmental clearances or has environmental issues

What schedules should be included in a Agreement Contract To Buy And Sell (Real Estate)?

1. Property Details Schedule: Comprehensive technical description of the property, including lot plans and technical specifications

2. Payment Schedule: Detailed breakdown of payment terms, amounts, and due dates

3. Title Documents: Copies of property title, tax declarations, and other ownership documents

4. Property Inspection Report: Detailed report on the current condition of the property

5. Tax Clearances: Certificates showing no outstanding property taxes or liens

6. Permits and Licenses: Copies of relevant permits, licenses, and certificates related to the property

7. Power of Attorney: If applicable, documents authorizing representatives to act on behalf of either party

8. Property Photos: Recent photographs documenting the current state of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Buy-Sell Agreement

Cost

Free to use
Relevant legal definitions














































Clauses



































Relevant Industries

Real Estate

Banking and Finance

Property Development

Construction

Legal Services

Insurance

Property Management

Urban Planning

Hospitality

Retail

Commercial Property

Residential Property

Agriculture (for agricultural land)

Industrial

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Business Development

Sales

Operations

Asset Management

Risk Management

Corporate Services

Documentation

Investment

Acquisitions

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Real Estate Developer

Property Acquisitions Manager

Title Officer

Contract Administrator

Real Estate Agent

Business Development Manager

Chief Legal Officer

Real Estate Investment Manager

Property Operations Manager

Land Development Officer

Transaction Manager

Corporate Counsel

Sales Director

Asset Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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