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Property Sales Agreement for Philippines

Property Sales Agreement Template for Philippines

A Property Sales Agreement under Philippine law is a legally binding contract that documents the transfer of real property ownership from a seller to a buyer. The agreement must comply with the Civil Code of the Philippines and related property laws, including the Property Registration Decree. It contains detailed provisions about the property description, purchase price, payment terms, warranties, and conditions for closing. The document includes specific requirements for Philippine property transactions, such as tax declarations, transfer tax provisions, and local government clearances, while ensuring compliance with national regulations regarding property ownership and transfer.

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What is a Property Sales Agreement?

The Property Sales Agreement is a fundamental legal document used in Philippine real estate transactions to formalize the transfer of property ownership. This agreement is essential when any real property is being sold in the Philippines, whether residential, commercial, or industrial. It must comply with the Civil Code of the Philippines, the Property Registration Decree, and various local government regulations. The document typically includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and closing conditions. It's particularly important as it serves as the basis for the eventual transfer of title and is required for registration with the Registry of Deeds. The agreement must address specific Philippine legal requirements such as proper notarization, witness signatures, and various tax-related provisions.

What sections should be included in a Property Sales Agreement?

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

2. Background: Context of the sale, brief description of the property, and intention of the parties to enter into the sale

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

4. Property Description: Detailed description of the property including lot number, location, boundaries, and certificate of title details

5. Purchase Price: Agreed purchase price, payment terms, and method of payment

6. Payment Terms: Schedule of payments, including down payment and subsequent installments if applicable

7. Representations and Warranties: Seller's warranties regarding ownership, absence of liens, and property condition; Buyer's warranties regarding financial capacity

8. Conditions Precedent: Conditions that must be fulfilled before the sale becomes final

9. Closing and Transfer of Title: Process and requirements for transferring property title to the buyer

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

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

12. Governing Law: Specification of Philippine law as governing law and jurisdiction

13. Miscellaneous Provisions: Standard provisions including severability, entire agreement, and amendments

What sections are optional to include in a Property Sales Agreement?

1. Broker's Commission: Include when a licensed real estate broker is involved in the transaction

2. Mortgage Provisions: Include when the purchase is subject to mortgage financing

3. Property Management During Transition: Include when there's a significant gap between signing and closing

4. Tenant Rights: Include when the property is currently leased to tenants

5. Construction Warranties: Include for newly constructed properties

6. Environmental Provisions: Include when environmental issues or compliance is relevant

7. Foreign Ownership Compliance: Include when buyer is a foreign national or entity

8. Ancestral Domain Compliance: Include when property might affect indigenous peoples' rights

What schedules should be included in a Property Sales Agreement?

1. Schedule A - Property Details: Technical description of the property, including lot plan, boundaries, and technical specifications

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms and dates

3. Schedule C - Title Documents: Copy of the Transfer Certificate of Title and tax declarations

4. Schedule D - Permits and Certificates: Copies of relevant permits, certificates, and clearances

5. Schedule E - Property Inspection Report: Results of property inspection and list of included fixtures and fittings

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

7. Appendix 1 - Property Photos: Recent photographs of the property

8. Appendix 2 - Required Governmental Forms: Standard government forms required for property transfer

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

Banking and Finance

Construction

Hospitality

Retail

Manufacturing

Agriculture

Education

Healthcare

Technology

Industrial

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Finance

Corporate Secretariat

Risk Management

Business Development

Facilities Management

Property Management

Acquisitions

Investment

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Chief Financial Officer

Real Estate Developer

Property Acquisitions Manager

Business Development Manager

Facilities Manager

Real Estate Investment Manager

Title Examiner

Conveyancing Lawyer

Property Valuer

Real Estate Broker

Corporate Secretary

Risk Manager

Industries








Teams

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