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Option To Purchase Form for Philippines

Option To Purchase Form Template for Philippines

An Option to Purchase Form under Philippine law is a legally binding document that grants the potential buyer (Option Holder) the exclusive right to purchase a specific property within a defined timeframe. The document, governed by Philippine civil and property laws, establishes the terms and conditions under which the option can be exercised, including the purchase price, option period, and exercise requirements. It provides protection for both the property owner and the potential buyer while ensuring compliance with local real estate regulations, tax requirements, and the Civil Code of the Philippines.

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What is a Option To Purchase Form?

The Option To Purchase Form is a critical document in Philippine real estate transactions, used when a potential buyer needs to secure the right to purchase a property while finalizing financing, conducting due diligence, or meeting other conditions precedent to the sale. This document is particularly relevant in both commercial and residential property transactions where immediate purchase is not feasible or desired. The form must comply with Philippine property laws, including the Civil Code, the Maceda Law, and relevant tax regulations. It typically includes detailed property descriptions, purchase price, option period duration, exercise requirements, and payment terms. The Option To Purchase Form serves as a preliminary step to a full property sale, providing security for the potential buyer while giving the seller a commitment backed by consideration.

What sections should be included in a Option To Purchase Form?

1. Parties: Identification of the Option Grantor (property owner) and Option Holder (potential buyer), including complete names, addresses, and civil status as required under Philippine law

2. Background: Context of the agreement, including brief description of the property and parties' intention to enter into an option arrangement

3. Definitions: Key terms used in the agreement, including 'Option Period', 'Purchase Price', 'Property', and 'Exercise Notice'

4. Property Description: Detailed legal description of the property, including title number, boundaries, and technical description as per land registration records

5. Option Grant: Express grant of the option to purchase, specifying the exclusivity of the right

6. Option Period: Duration of the option, including specific start and end dates

7. Option Price: Amount paid for the option right itself, payment terms, and whether it's applicable to the purchase price

8. Purchase Price: Total purchase price of the property if the option is exercised, including payment terms and conditions

9. Exercise of Option: Process and requirements for exercising the option, including notice requirements and timing

10. Default and Termination: Consequences of default by either party and circumstances for termination

11. Representations and Warranties: Standard warranties about property ownership, authority to sell, and condition of the property

12. Execution Process: Requirements for formal execution, including notarization requirements under Philippine law

What sections are optional to include in a Option To Purchase Form?

1. Due Diligence: Terms allowing the Option Holder to conduct property investigations and surveys, included when the option period is meant to serve as a due diligence period

2. Financing Contingency: Conditions related to the Option Holder's ability to secure financing, included when the buyer requires financing to complete the purchase

3. Property Maintenance: Obligations regarding property maintenance during the option period, included for longer option periods

4. Assignment Rights: Terms governing whether the option can be assigned to third parties, included when assignment might be contemplated

5. Extension Provisions: Terms for extending the option period, included when flexibility in the timeline might be needed

6. Broker Provisions: Terms regarding real estate broker involvement and commissions, included when brokers are involved in the transaction

What schedules should be included in a Option To Purchase Form?

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

2. Payment Schedule: Detailed breakdown of payment terms, including option fee and purchase price payment structure

3. Title Documents: Copies of relevant title documents and tax declarations

4. Property Inspection Report: Current condition report of the property if already conducted

5. Permitted Encumbrances: List of accepted existing liens, easements, or encumbrances on 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

Purchase Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Commercial Property

Residential Property

Land Development

Agriculture (for agricultural land)

Industrial Property

Retail Property

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Acquisitions

Investment

Compliance

Contract Administration

Finance

Risk Management

Relevant Roles

Real Estate Agent

Property Developer

Legal Counsel

Property Manager

Real Estate Broker

Corporate Lawyer

Real Estate Attorney

Business Development Manager

Investment Manager

Asset Manager

Property Acquisition Manager

Real Estate Investment Officer

Compliance Officer

Contract Administrator

Real Estate Consultant

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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