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Purchase Lease Option for Philippines

Purchase Lease Option Template for Philippines

A comprehensive legal agreement governed by Philippine law that combines a property lease with an option to purchase. This document establishes the terms and conditions for both leasing a property and the exclusive right to purchase it during or at the end of the lease term. It complies with the Civil Code of the Philippines and relevant real estate legislation, including the Maceda Law for installment purchases. The agreement details rental payments, purchase option terms, property maintenance responsibilities, and conditions for exercising the purchase option, while ensuring protection for both the lessor and lessee under Philippine jurisdiction.

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Purchase Lease Option

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What is a Purchase Lease Option?

The Purchase Lease Option agreement is a sophisticated legal instrument used in the Philippine real estate market when a party wishes to lease a property while maintaining the exclusive right to purchase it within a specified timeframe. This arrangement is particularly useful for buyers who need time to arrange financing or assess the property's suitability for their long-term needs, while securing the right to purchase at a predetermined price. The document must comply with Philippine real estate laws, including the Civil Code of the Philippines and the Maceda Law, particularly regarding installment purchases and property rights. It's commonly used in both residential and commercial contexts, providing flexibility for tenants while offering property owners a committed potential buyer. The agreement includes detailed provisions for lease terms, option exercise procedures, purchase price calculations, and the treatment of lease payments in relation to the final purchase price.

What sections should be included in a Purchase Lease Option?

1. Parties: Identification of the lessor/seller and lessee/potential buyer, including complete legal names, addresses, and tax identification numbers

2. Background: Context of the agreement, including property description and parties' intentions regarding lease and potential purchase

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Lease Terms: Duration of lease, rental amount, payment schedule, security deposit, and other standard lease provisions

5. Property Description: Detailed description of the property including location, boundaries, and improvements

6. Option to Purchase: Terms of the purchase option, including option price, duration, and exercise conditions

7. Option Fee: Amount of option fee, payment terms, and whether it applies to purchase price

8. Exercise of Option: Process and requirements for exercising the purchase option

9. Purchase Price and Payment: Total purchase price, payment terms, and treatment of lease payments towards purchase

10. Maintenance and Repairs: Responsibilities for property maintenance during the lease period

11. Insurance and Risk: Insurance requirements and allocation of risk during lease period

12. Default and Remedies: Consequences of default under either lease or option terms

13. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional matters

14. Signatures: Execution block for all parties and witnesses

What sections are optional to include in a Purchase Lease Option?

1. Property Management: Additional terms regarding property management if third-party management is involved

2. Utilities and Services: Detailed provisions about utility responsibilities if not covered in main lease terms

3. Improvements: Terms regarding tenant improvements and their treatment upon purchase or lease termination

4. Assignment and Subletting: Terms allowing or restricting transfer of lease or option rights

5. Environmental Matters: Environmental warranties and indemnities for commercial properties

6. Broker Provisions: Terms regarding real estate broker involvement and commissions

7. Right of First Refusal: Additional rights if seller receives third-party offers during option period

8. Financing Contingencies: Conditions related to buyer's ability to obtain financing for purchase

What schedules should be included in a Purchase Lease Option?

1. Schedule A - Property Details: Detailed property description, including technical specifications and boundaries

2. Schedule B - Lease Payment Schedule: Detailed breakdown of lease payments and due dates

3. Schedule C - Property Condition Report: Documentation of property condition at lease commencement

4. Schedule D - Permitted Uses: Specific allowed and prohibited uses of the property

5. Schedule E - Option Exercise Form: Template form for exercising the purchase option

6. Appendix 1 - Property Documents: Copy of title, tax declarations, and other property documents

7. Appendix 2 - Insurance Requirements: Detailed insurance specifications and coverage requirements

8. Appendix 3 - Maintenance Schedule: Detailed maintenance responsibilities and schedules

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

Commercial Property

Residential Property

Retail

Industrial

Office Space

Agriculture

Hospitality

Manufacturing

Warehouse and Distribution

Relevant Teams

Legal

Real Estate

Finance

Operations

Compliance

Risk Management

Facilities Management

Business Development

Asset Management

Property Management

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Corporate Lawyer

Real Estate Broker

Business Development Manager

Chief Financial Officer

Facilities Manager

Asset Manager

Contract Administrator

Risk Manager

Compliance Officer

Real Estate Director

Investment Manager

Operations 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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