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Contract For Sale Of House And Land for Philippines

Contract For Sale Of House And Land Template for Philippines

A comprehensive legal document governed by Philippine law that formalizes the transfer of ownership of both a house and the land it stands on from a seller to a buyer. This contract complies with the Civil Code of the Philippines and related property laws, detailing the terms and conditions of the sale, including property description, purchase price, payment terms, warranties, and obligations of both parties. It incorporates specific requirements under Philippine property law, including restrictions on foreign ownership, local government regulations, and mandatory tax provisions. The document serves as the foundation for the subsequent execution of the Deed of Absolute Sale and the transfer of the property title.

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What is a Contract For Sale Of House And Land?

The Contract For Sale Of House And Land is a crucial legal instrument in Philippine real estate transactions, used when transferring ownership of residential property including both built structures and the land they occupy. This document is essential for ensuring compliance with Philippine property laws, including the Civil Code, Property Registration Decree, and local government regulations. It is typically used in residential property transactions where both the house and land are being sold together, as opposed to condominium sales or land-only transactions. The contract must address specific Philippine legal requirements such as restrictions on foreign ownership, proper property documentation, tax obligations, and local zoning laws. It serves as the preliminary agreement that leads to the execution of the Deed of Absolute Sale and the eventual transfer of the property title at the Land Registration Authority.

What sections should be included in a Contract For Sale Of House And Land?

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

2. Background: Context of the sale, including brief property history and current ownership status

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

4. Property Description: Detailed description of the house and land, including exact measurements, boundaries, and title details

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

6. Mode of Payment: Specific details about how payments will be made, including deposit requirements and final payment arrangements

7. Representations and Warranties: Seller's warranties about property ownership, absence of liens, and property condition

8. Conditions Precedent: Conditions that must be met before the sale can proceed, including title clearance and permit requirements

9. Closing and Transfer of Title: Process and timeline for executing deed of sale and transferring title

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

11. Risk and Insurance: Transfer of risk and insurance requirements during the sale process

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

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

14. Notices: How formal notices between parties should be given and received

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Contract For Sale Of House And Land?

1. Mortgage Provisions: Required if the property is subject to an existing mortgage or if the purchase will be mortgaged

2. Tenant Provisions: Required if the property is currently leased or occupied by tenants

3. Property Management: Needed if there are interim management arrangements between contract signing and completion

4. Construction Warranties: Required for newly constructed properties or recent renovations

5. Environmental Provisions: Needed if there are environmental concerns or requirements

6. Broker Provisions: Required if real estate brokers are involved in the transaction

7. Foreign Ownership Compliance: Required if the buyer is a foreign national or entity

8. Subdivision Restrictions: Needed if the property is part of a subdivision with specific restrictions

What schedules should be included in a Contract For Sale Of House And Land?

1. Property Details Schedule: Detailed technical description of the property, including lot number, boundaries, and technical description from the title

2. Title Documents: Copy of the Transfer Certificate of Title and tax declaration

3. Payment Schedule: Detailed breakdown of payment terms and installments if applicable

4. Property Inventory: List of fixtures, fittings, and other items included in the sale

5. Property Condition Report: Current condition of the property and any known defects

6. Required Permits: Copies of relevant permits and certificates

7. Tax Certificates: Property tax clearances and relevant tax certificates

8. Power of Attorney: If any party is acting through an attorney-in-fact

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

Banking and Finance

Legal Services

Insurance

Property Development

Property Management

Urban Planning

Residential Housing

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Document Processing

Risk Management

Operations

Finance

Corporate Services

Relevant Roles

Real Estate Attorney

Property Lawyer

Real Estate Broker

Property Manager

Land Registration Officer

Title Examiner

Real Estate Agent

Property Developer

Mortgage Officer

Legal Counsel

Conveyancing Lawyer

Property Assessor

Real Estate Consultant

Compliance Officer

Real Estate Transaction 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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