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Post Possession Agreement for Philippines

Post Possession Agreement Template for Philippines

A Post Possession Agreement is a legal document used in Philippine real estate transactions that establishes the terms and conditions under which a buyer may take possession of a property before the final completion of the sale. This agreement, governed by Philippine civil law and property legislation, outlines the rights, responsibilities, and obligations of both parties during the interim possession period. It includes crucial provisions for insurance, maintenance, utility payments, and risk allocation, while ensuring compliance with local property laws and regulations. The document serves as a crucial protection mechanism for both parties in situations where early possession is necessary or beneficial.

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What is a Post Possession Agreement?

The Post Possession Agreement is a critical document in Philippine real estate transactions where circumstances necessitate a buyer taking possession of a property before the sale's completion. This arrangement might be needed when there are delays in financing, documentation, or other closing requirements, but the parties wish to proceed with the transfer of possession. The agreement must comply with the Civil Code of the Philippines and relevant property laws, providing comprehensive protection for both parties during this interim period. It typically includes detailed provisions for possession fees, maintenance responsibilities, insurance requirements, and risk allocation. The document is particularly relevant in both residential and commercial property transactions, especially in situations involving property development, long-term payment arrangements, or complex closing conditions. The Post Possession Agreement serves as a bridge between the initial sale agreement and final property transfer, ensuring all parties' interests are protected during this transitional phase.

What sections should be included in a Post Possession Agreement?

1. Parties: Identification of the seller/owner and buyer/possessor with complete details as required under Philippine law

2. Background: Context of the agreement, including reference to the main purchase agreement and reason for early possession

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Possession Date', 'Completion Date', etc.

4. Grant of Possession: Terms and conditions under which possession is granted, including the specific date and time

5. Duration: Period of possession until final completion of sale

6. Possession Fee: Details of any fees payable for the possession period, payment terms and methods

7. Utilities and Outgoings: Responsibility for utility payments, maintenance costs, and other ongoing expenses

8. Obligations of the Possessor: Buyer's responsibilities during possession, including maintenance, insurance, and use restrictions

9. Seller's Rights and Obligations: Continuing obligations of the seller and rights retained during the possession period

10. Insurance Requirements: Mandatory insurance coverage to be maintained by the possessor

11. Risk and Liability: Allocation of risk and responsibility for damage during the possession period

12. Default and Termination: Consequences of breach and circumstances allowing termination of possession rights

13. Governing Law: Confirmation of Philippine law governance and jurisdiction

14. Execution: Formal signing requirements and witness provisions

What sections are optional to include in a Post Possession Agreement?

1. Security Deposit: Required when the seller requests a security deposit to protect against damage or breach

2. Alterations and Improvements: Include when the possessor is permitted to make changes to the property

3. Sub-possession Rights: Include if the possessor is allowed to grant possession to third parties

4. Property Management: Required for complex properties requiring specific management arrangements

5. Dispute Resolution: Optional detailed ADR procedures beyond standard court jurisdiction

6. Force Majeure: Include when specific provisions for unforeseen events are needed

7. Environmental Compliance: Required for properties with specific environmental considerations or requirements

What schedules should be included in a Post Possession Agreement?

1. Property Description: Detailed description of the property including boundaries, title details, and included fixtures

2. Inventory List: Detailed list of any furnishings, equipment or other items included in the possession

3. Condition Report: Documented condition of the property at the start of possession

4. Payment Schedule: Breakdown of possession fees and payment dates if applicable

5. Insurance Requirements: Detailed specifications of required insurance coverage

6. Utility Transfer Forms: Forms and procedures for transferring or managing utility accounts

7. Property Rules and Regulations: Any specific rules applicable to the property, especially for properties in managed developments

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

Agreement Contract

Cost

Free to use
Relevant legal definitions




































Clauses


































Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Retail

Hospitality

Office Space

Manufacturing

Warehousing

Mixed-Use Development

Construction

Relevant Teams

Legal

Real Estate

Compliance

Operations

Property Management

Risk Management

Facilities

Asset Management

Corporate Services

Business Development

Sales

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Real Estate Developer

Property Administrator

Contracts Manager

Real Estate Agent

Transaction Coordinator

Asset Manager

Facilities Manager

Risk Manager

Corporate Counsel

Real Estate Director

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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