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Seller Financing Contract for Philippines

Seller Financing Contract Template for Philippines

A Seller Financing Contract under Philippine law is a legal agreement where the seller of a property provides direct financing to the buyer, effectively acting as the lender. This document outlines the terms and conditions of both the sale and the financing arrangement, ensuring compliance with Philippine regulations including the Civil Code, Maceda Law, and Truth in Lending Act. It details the purchase price, down payment, interest rate, payment schedule, and consequences of default while incorporating mandatory consumer protections and disclosure requirements specific to Philippine jurisdiction.

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What is a Seller Financing Contract?

The Seller Financing Contract is utilized in situations where traditional bank financing may not be available or desired, allowing property sellers in the Philippines to directly finance the buyer's purchase. This arrangement, governed by Philippine law, provides an alternative financing method particularly valuable in the local real estate market. The document incorporates crucial elements of both a sales agreement and a financing arrangement, ensuring compliance with local regulations including the Maceda Law, which provides specific protections for property buyers in installment sales. Key features include detailed payment terms, security arrangements, and mandatory disclosures required under Philippine law. The contract type is particularly relevant in both residential and commercial property transactions, offering flexibility while maintaining legal protections for all parties involved.

What sections should be included in a Seller Financing Contract?

1. Parties: Identifies and provides complete details of the Seller/Financier and the Buyer/Borrower

2. Background: Describes the property being sold and the parties' intention to enter into a seller financing arrangement

3. Definitions: Defines key terms used throughout the agreement including Property, Purchase Price, Principal Amount, Interest Rate, and Payment Terms

4. Sale and Purchase: Details the basic terms of the sale including the purchase price and property description

5. Financing Terms: Specifies the financing amount, interest rate, payment schedule, and term of the loan

6. Security and Collateral: Establishes the property as collateral and any additional security requirements

7. Payment Terms and Conditions: Details payment mechanics, due dates, grace periods, and acceptable payment methods

8. Default and Remedies: Specifies what constitutes default and the remedies available to both parties, including Maceda Law provisions

9. Title and Ownership: Explains when and how title transfers, and any conditions attached

10. Representations and Warranties: Lists the promises and guarantees made by both parties

11. Insurance and Maintenance: Outlines requirements for property insurance and maintenance responsibilities

12. Taxes and Expenses: Allocates responsibility for property taxes, registration fees, and other expenses

13. Governing Law: Specifies Philippine law as governing law and references relevant statutes

14. Dispute Resolution: Details the process for resolving disputes between parties

What sections are optional to include in a Seller Financing Contract?

1. Pre-payment Provisions: Include when early payment options are to be allowed, specifying any penalties or benefits

2. Property Management: Include when the property is a commercial property or requires specific management arrangements

3. Assignment and Transfer: Include when either party may need to transfer their rights or obligations

4. Construction or Renovation: Include when the property requires or will undergo significant modifications

5. Third-Party Guarantees: Include when additional guarantors are involved in the financing arrangement

6. Special Use Conditions: Include when the property has specific use restrictions or requirements

7. Electronic Payments: Include when electronic payment systems will be used, requiring compliance with E-Commerce Act

What schedules should be included in a Seller Financing Contract?

1. Schedule A - Property Description: Detailed legal description of the property including boundaries, certificates of title, and zoning information

2. Schedule B - Payment Schedule: Amortization table showing all payments, principal and interest breakdowns

3. Schedule C - Deed of Absolute Sale: Template or copy of the deed to be executed upon full payment

4. Schedule D - Insurance Requirements: Detailed specifications of required insurance coverage

5. Schedule E - Property Condition Report: Documentation of property condition at time of sale

6. Appendix 1 - Truth in Lending Disclosure: Mandatory disclosure of all financing charges and terms as required by law

7. Appendix 2 - Maceda Law Rights: Statement of buyer's rights under the Maceda Law

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

Property Development

Banking and Finance

Construction

Legal Services

Insurance

Property Management

Commercial Real Estate

Residential Real Estate

Agricultural Real Estate

Relevant Teams

Legal

Finance

Real Estate

Compliance

Risk Management

Sales

Property Management

Contract Administration

Investment

Operations

Relevant Roles

Real Estate Attorney

Property Manager

Real Estate Broker

Financial Controller

Chief Financial Officer

Legal Counsel

Compliance Officer

Real Estate Developer

Sales Director

Contract Administrator

Risk Manager

Property Assessor

Finance Manager

Real Estate Investment Manager

Title 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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