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As Is Purchase Agreement for Philippines

As Is Purchase Agreement Template for Philippines

This document is a comprehensive purchase agreement governed by Philippine law that facilitates the sale of property or items in their current condition ("as is"). It incorporates specific provisions required under Philippine civil law and consumer protection regulations while explicitly stating that the buyer accepts the purchase subject matter in its existing state, with all faults and defects, whether visible or not. The agreement includes necessary disclaimers and acknowledgments to protect the seller's interests while ensuring compliance with local legal requirements for valid contracts and property transfers.

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As Is Purchase Agreement

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What is a As Is Purchase Agreement?

The As Is Purchase Agreement is a specialized contract used in the Philippines when parties wish to complete a sale transaction where the buyer explicitly accepts the subject matter of the sale in its current condition, without warranties regarding its state or functionality. This document is particularly useful for transactions involving used equipment, secondary market sales, distressed assets, or properties requiring renovation. The agreement must comply with Philippine Civil Code requirements while incorporating specific provisions that clearly document the buyer's acceptance of the item's current condition and waiver of future claims related to its state. It's commonly used in both commercial and private transactions where the seller wants to limit their liability regarding the condition of the sold item, while still maintaining compliance with mandatory provisions of Philippine consumer protection laws.

What sections should be included in a As Is Purchase Agreement?

1. Parties: Identifies and provides complete details of the seller and buyer, including their legal capacity to enter into the agreement

2. Background: Establishes the context of the sale and the parties' intention to enter into an 'as is' transaction

3. Definitions: Defines key terms used throughout the agreement, including 'as is' condition and other relevant terminology

4. Subject Matter of Sale: Detailed description of the property or item being sold in its current condition

5. Purchase Price and Payment Terms: Specifies the agreed purchase price and payment method, including any installment arrangements

6. As Is Condition and Disclaimer: Explicit statement that the property/item is being sold 'as is' with all faults and defects, known and unknown

7. Buyer's Acknowledgments: Buyer's confirmation of inspection and acceptance of the current condition of the property/item

8. Transfer of Title and Risk: Specifies when and how ownership and risk transfer from seller to buyer

9. Closing and Delivery: Details of when and how the sale will be completed and the property/item delivered

10. Representations and Warranties: Limited representations regarding ownership and authority to sell, explicitly excluding condition warranties

11. Governing Law: Specifies Philippine law as governing law and relevant jurisdiction

12. Execution: Signature blocks and execution requirements

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

1. Due Diligence Period: Optional section allowing buyer a specified period to inspect the property/item, used for higher-value transactions

2. Tax Provisions: Detailed section on tax responsibilities, necessary when tax implications are significant

3. Broker/Agent Provisions: Required when a broker or agent is involved in the transaction

4. Force Majeure: Added for transactions with delayed completion dates

5. Dispute Resolution: Detailed dispute resolution procedures, recommended for high-value transactions

6. Registration Requirements: Added when the sale requires registration with government authorities

7. Environmental Disclaimers: Required when selling property with potential environmental issues

8. Intellectual Property Rights: Needed when the sale includes items with associated intellectual property

What schedules should be included in a As Is Purchase Agreement?

1. Schedule A - Property/Item Description: Detailed description of the property/item being sold, including photographs if applicable

2. Schedule B - Known Defects: List of known defects or issues, while maintaining 'as is' nature of sale

3. Schedule C - Delivery Details: Specific arrangements for delivery or transfer of possession

4. Schedule D - Payment Schedule: If payment is in installments, detailed payment schedule

5. Schedule E - Pre-existing Encumbrances: List of any existing liens, encumbrances, or claims

6. Appendix 1 - Inspection Report: Any existing inspection reports or condition assessments

7. Appendix 2 - Required Permits: Copies of relevant permits or certificates

8. Appendix 3 - Transfer Documents: Forms and documents required for transfer of ownership

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

Purchase Agreement

Cost

Free to use
Relevant legal definitions




























Clauses

























Relevant Industries

Real Estate

Automotive

Manufacturing

Industrial Equipment

Construction

Retail

Agriculture

Technology

Maritime

Aviation

Mining

Telecommunications

Relevant Teams

Legal

Procurement

Sales

Operations

Risk Management

Compliance

Real Estate

Corporate Secretariat

Finance

Asset Management

Property Management

Business Development

Facilities Management

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Sales Manager

Business Development Manager

Property Manager

Asset Manager

Operations Manager

Risk Manager

Compliance Officer

Real Estate Agent

Corporate Secretary

Finance Manager

Chief Legal Officer

Chief Operating Officer

Property Developer

Facility 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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