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As Is Property Sale Agreement for Philippines

As Is Property Sale Agreement Template for Philippines

This document is a specialized property sale agreement governed by Philippine law, specifically designed for transactions where the property is sold in its current condition without warranties beyond title and ownership. It incorporates essential provisions required under the Philippine Civil Code and property laws, while explicitly limiting the seller's liability regarding the property's condition. The agreement includes detailed documentation of the property's current state, acknowledgments from the buyer regarding their inspection and acceptance of the property's condition, and specific provisions for transfer of ownership under Philippine jurisdiction.

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What is a As Is Property Sale Agreement?

The As Is Property Sale Agreement is a crucial legal document used in the Philippines when transferring real estate ownership without standard warranties regarding property condition. This type of agreement is particularly suitable when selling properties that may need renovation, have known defects, or where the seller wishes to limit their post-sale liability. The document complies with Philippine Civil Code requirements while clearly establishing that the buyer accepts the property in its current state, having conducted their own due diligence. It's commonly used in distressed property sales, auction purchases, or situations where the seller has limited knowledge of the property's condition. The agreement includes comprehensive property documentation, buyer acknowledgments, and specific provisions required under Philippine real estate law, making it essential for protecting both parties' interests in such transactions.

What sections should be included in a As Is Property Sale Agreement?

1. Parties: Identification of the Seller and Buyer with complete legal names and addresses

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement including 'As Is' condition, Property, Closing Date, and Purchase Price

4. Sale and Purchase: Core agreement to sell and purchase the property in its current condition

5. Purchase Price: Agreed purchase price and payment terms

6. As Is Condition: Explicit statement that property is sold 'as is' with buyer's acknowledgment of current condition

7. Seller's Representations: Limited representations regarding ownership and authority to sell

8. Buyer's Acknowledgments: Buyer's confirmation of property inspection and acceptance of current condition

9. Closing: Closing date, requirements, and procedures

10. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other costs

11. Risk and Insurance: Transfer of risk and insurance responsibilities

12. Default and Remedies: Consequences of default by either party

13. Notices: How formal communications between parties should be made

14. Governing Law: Specification of Philippine law as governing law

15. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties

What sections are optional to include in a As Is Property Sale Agreement?

1. Broker Representation: Include if real estate brokers are involved in the transaction

2. Financing Contingency: Include if purchase is contingent on buyer obtaining financing

3. Title Insurance: Include if title insurance is being obtained (uncommon in Philippines but may be required by foreign buyers)

4. Survival: Include if any representations or warranties are to survive closing

5. Foreign Investment Provisions: Include if buyer is a foreign national, addressing ownership restrictions

6. Vacant Possession: Include if property is currently occupied and timing of vacancy needs to be addressed

7. Zoning Acknowledgment: Include if property has specific zoning restrictions buyer should acknowledge

What schedules should be included in a As Is Property Sale Agreement?

1. Property Description: Detailed legal description of the property including lot number, boundaries, and title details

2. Property Condition Report: Detailed documentation of property's current condition with photos

3. Title Documents: Copy of current title and any relevant certificates

4. Permitted Encumbrances: List of existing liens, easements, or encumbrances that will remain after sale

5. Inventory of Included Items: List of any fixtures or personal property included in sale

6. Tax Certificates: Current real property tax certificates and clearances

7. Due Diligence Documents: Copies of relevant permits, certificates, and technical documents

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

Construction

Property Development

Banking and Finance

Investment Management

Property Management

Legal Services

Urban Development

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Operations

Facilities

Contract Administration

Asset Management

Investment

Due Diligence

Documentation

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Real Estate Agent

Legal Counsel

Compliance Officer

Property Assessor

Real Estate Director

Investment Manager

Asset Manager

Real Estate Development Manager

Risk Manager

Contract Administrator

Title Officer

Property Acquisition Manager

Real Estate Operations 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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