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Real Property Sales Contract for Philippines

Real Property Sales Contract Template for Philippines

A Real Property Sales Contract under Philippine law is a formal legal document that governs the transfer of real property ownership from a seller to a buyer. This document, regulated by the Civil Code of the Philippines and various real estate laws, outlines the terms and conditions of the property sale, including purchase price, payment terms, warranties, and transfer obligations. It must comply with specific Philippine legal requirements, including proper notarization and registration with appropriate government authorities. The contract serves as the primary instrument for documenting the agreement between parties and ensuring the legal transfer of property rights while addressing tax obligations and regulatory compliance.

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What is a Real Property Sales Contract?

The Real Property Sales Contract is a fundamental legal instrument in Philippine property law, essential for documenting and executing the transfer of real estate ownership. This contract type is required whenever real property is bought or sold in the Philippines, whether for residential, commercial, or industrial purposes. It must comply with the Civil Code of the Philippines, the Property Registration Decree, and various other regulations governing real estate transactions. The document typically includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and conditions for transfer. It serves as crucial evidence of the transaction and is required for property registration, tax purposes, and securing financing. The contract must be notarized to be enforceable and is typically preceded by careful due diligence regarding property title, encumbrances, and tax obligations.

What sections should be included in a Real Property Sales Contract?

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

2. Background: Context of the sale, brief property history, and purpose of the agreement

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

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

5. Purchase Price: Agreed purchase price and payment terms, including any deposits or installment arrangements

6. Payment Terms: Detailed breakdown of payment schedule, method of payment, and consequences of default

7. Conditions Precedent: Conditions that must be met before the sale becomes final, including title verification and payment of taxes

8. Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and condition; Buyer's warranties regarding financial capacity

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

10. Transfer of Title: Process and timeline for the transfer of property title and possession

11. Risk and Insurance: Allocation of risk and responsibility for insurance during the transfer period

12. Default and Remedies: Consequences of breach and available remedies for both parties

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

14. Notices: Method and addresses for formal communications between parties

15. Execution: Signature blocks and notarization requirements

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

1. Broker Involvement: Details of real estate broker involvement and commission arrangements, if applicable

2. Third Party Rights: Recognition of any existing third-party rights such as leases or easements

3. Development Conditions: For undeveloped or partially developed property, specific conditions regarding future development

4. Environmental Compliance: Special provisions regarding environmental compliance and responsibilities

5. Financing Contingency: Conditions related to buyer's obtaining financing, if applicable

6. Property Management: Interim property management arrangements between contract signing and closing

7. Subdivision: Provisions for subdivision of property, if applicable

8. Force Majeure: Provisions for unforeseen circumstances affecting the transaction

What schedules should be included in a Real Property Sales Contract?

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

2. Title Documents: Copy of the Transfer Certificate of Title or other title documents

3. Payment Schedule: Detailed breakdown of payment installments and due dates

4. Tax Certificates: Current real property tax clearances and tax declarations

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

6. Permits and Licenses: Copies of relevant permits, licenses, and certificates affecting the property

7. Encumbrances: List of existing encumbrances, liens, or restrictions on the property

8. Photos and Plans: Recent photographs of the property and architectural/structural plans if applicable

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

Buy-Sell Agreement

Cost

Free to use
Relevant legal definitions


































Clauses
































Relevant Industries

Real Estate

Banking and Finance

Construction

Property Development

Legal Services

Insurance

Agriculture (for agricultural land)

Retail

Hospitality

Industrial Manufacturing

Commercial Office Space

Residential Development

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Secretariat

Finance

Risk Management

Operations

Business Development

Documentation

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Compliance Officer

Legal Counsel

Corporate Secretary

Chief Legal Officer

Real Estate Developer

Property Assessor

Title Officer

Real Estate Investment Manager

Land Registration Officer

Property Acquisition Manager

Real Estate Transaction Coordinator

Due Diligence Officer

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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