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Real Property Contract for Philippines

Real Property Contract Template for Philippines

A Real Property Contract under Philippine law is a formal legal document that governs the transfer of real property ownership between parties. This document must comply with the Civil Code of the Philippines and related property laws, including the Property Registration Decree. It contains detailed provisions covering property description, purchase price, payment terms, warranties, and transfer procedures. The contract requires proper notarization and registration with appropriate government authorities, including the Register of Deeds, and must address specific Philippine requirements regarding property ownership, including foreign ownership restrictions where applicable.

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What is a Real Property Contract?

The Real Property Contract is a fundamental legal instrument in Philippine property transactions, essential for documenting and formalizing the transfer of real estate ownership. This document is required whenever real property is bought, sold, or transferred in the Philippines, whether involving residential, commercial, or industrial properties. The contract must strictly comply with Philippine civil law requirements, including proper identification of parties, detailed property description, clear payment terms, and specific provisions required by local regulations. It serves as the primary evidence of the transaction and forms the basis for property registration with the Register of Deeds. The document must address unique aspects of Philippine property law, such as restrictions on foreign ownership of land and local government requirements. Whether used for simple residential transfers or complex commercial transactions, the Real Property Contract must be notarized and registered to be legally effective.

What sections should be included in a Real Property Contract?

1. Parties: Full legal names and details of all parties involved in the transaction, including their citizenship status (relevant for Philippine property ownership laws)

2. Background: Context of the transaction and brief description of the property being transferred

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

4. Property Description: Detailed legal description of the property including lot number, survey number, tax declaration number, and technical description as per title

5. Purchase Price: Full details of the purchase price and payment terms

6. Mode of Payment: Specific details about how and when payments will be made

7. Warranties and Representations: Seller's warranties regarding ownership, encumbrances, and property condition

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

9. Possession and Risk: Terms regarding transfer of possession and assumption of risk

10. Registration and Title Transfer: Process and obligations for transferring title to the buyer

11. Default and Remedies: Consequences of default and available remedies for both parties

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

13. Execution: Formal execution block including notarization requirements

What sections are optional to include in a Real Property Contract?

1. Financing Provisions: Include when purchase is subject to mortgage or other financing arrangements

2. Broker Provisions: Include when real estate brokers are involved in the transaction

3. Construction Provisions: Include for properties under construction or requiring specific improvements

4. Condominium Provisions: Include for condominium properties, covering association rules and common areas

5. Environmental Provisions: Include when environmental issues or certifications are relevant

6. Foreign Ownership Provisions: Include when any party is a foreign national, addressing ownership restrictions

7. Tenant Provisions: Include when property is subject to existing leases or tenancies

8. Joint Venture Provisions: Include when property is part of a joint venture arrangement

9. Force Majeure: Include when specific provisions for natural disasters or extraordinary circumstances are needed

What schedules should be included in a Real Property Contract?

1. Property Documents: Copies of title, tax declarations, and technical description

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

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

4. Due Diligence Results: Summary of property inspection, title search, and other due diligence findings

5. Tax Certificates: Current real property tax certificates and clearances

6. Property Plans: Approved plans, permits, and technical drawings

7. Powers of Attorney: If any party is acting through an attorney-in-fact

8. Permits and Licenses: Relevant governmental permits and licenses

9. Photos and Documentation: Current photographs and condition documentation of 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

Cost

Free to use
Relevant legal definitions














































Clauses








































Relevant Industries

Real Estate

Construction

Banking and Finance

Property Development

Agriculture (for agricultural land)

Hospitality

Retail

Industrial

Commercial Property

Residential Property

Legal Services

Government and Public Sector

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Corporate Services

Facilities Management

Risk Management

Finance

Operations

Business Development

Investment

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Corporate Counsel

Legal Director

Compliance Officer

Real Estate Developer

Land Registration Officer

Title Examiner

Property Assessor

Real Estate Investment Manager

Asset Manager

Facilities Manager

Contract Administrator

Real Estate Portfolio 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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