Advance Agreement For Sale Of Land Template for Philippines

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Key Requirements PROMPT example:

Advance Agreement For Sale Of Land

"I need an Advance Agreement for Sale of Land for a 500-square-meter residential property in Manila, Philippines, with a 20% advance payment and the remaining balance to be paid in quarterly installments until March 2025."

Document background
The Advance Agreement For Sale of Land is a crucial document in Philippine real estate transactions where parties wish to formalize their commitment to a land sale before executing the final deed of absolute sale. This type of agreement is commonly used when there's a need for a structured payment arrangement, when due diligence is still ongoing, or when certain conditions must be met before final sale. It provides legal protection under Philippine civil law for both parties during the interim period between initial agreement and final sale. The document typically includes detailed property descriptions, payment terms, timelines, and conditions precedent, while ensuring compliance with local property laws and registration requirements. It's particularly relevant in situations involving installment payments, property development projects, or complex real estate transactions requiring extended completion periods.
Suggested Sections

1. Parties: Identification of the Seller and Buyer with complete legal names, addresses, and civil status as required under Philippine law

2. Background: Context of the transaction, including brief description of the property and parties' intention to enter into a future sale

3. Definitions: Key terms used throughout the agreement, including technical and legal terms specific to Philippine real estate

4. Property Description: Detailed description of the land including lot number, survey number, title details, boundaries, and technical description as per title

5. Purchase Price: Total consideration for the property and detailed breakdown of payment terms

6. Payment Terms: Schedule of payments, including advance payments, installments if any, and final payment conditions

7. Conditions Precedent: Prerequisites that must be fulfilled before the final deed of sale can be executed

8. Timeline and Completion: Specific dates or periods for various stages of the transaction, including the target date for executing the final deed of sale

9. Seller's Representations and Warranties: Declarations regarding ownership, absence of liens, authority to sell, and other property-related assurances

10. Buyer's Representations and Warranties: Declarations regarding legal capacity to purchase and financial capability

11. Rights and Obligations: Detailed responsibilities of both parties during the period before final sale

12. Default and Remedies: Consequences of breach by either party and available legal remedies

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of competent courts

14. Execution: Formal signing requirements including need for witnesses and notarization as per Philippine law

Optional Sections

1. Broker Involvement: Include when a licensed real estate broker is involved in the transaction, specifying broker's details and commission arrangements

2. Foreign Ownership Compliance: Include when the buyer is a foreign national or entity, addressing compliance with Philippine foreign ownership restrictions

3. Tax Provisions: Include detailed tax arrangements when parties agree to specific allocation of transfer taxes and other fees

4. Force Majeure: Include specific provisions for unforeseen circumstances that might affect the completion of the sale

5. Assignment Rights: Include when parties want to specifically address the right to assign the agreement to third parties

6. Mortgage Provisions: Include when the property has existing mortgages or if buyer will obtain mortgage financing

7. Development Conditions: Include when the land is subject to development requirements or restrictions

8. Environmental Provisions: Include when the land has specific environmental considerations or requirements

Suggested Schedules

1. Property Documents: Copy of title, tax declarations, and technical description of the property

2. Payment Schedule: Detailed breakdown of payment terms, amounts, and due dates

3. Due Diligence Results: Summary of property verification and title search results

4. Property Survey: Recent survey plan and technical description of the property

5. Required Permits: List of required governmental and regulatory permits

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

7. Photos and Maps: Recent photographs of the property and location maps

8. Form of Deed of Absolute Sale: Draft of the final deed of sale to be executed upon completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Agriculture (for agricultural land)

Commercial Property

Residential Property

Industrial Development

Tourism and Hospitality

Retail

Infrastructure Development

Relevant Teams

Legal

Real Estate

Property Development

Compliance

Corporate Affairs

Investment

Operations

Finance

Risk Management

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Land Developer

Property Development Manager

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Corporate Lawyer

Land Acquisition Manager

Real Estate Director

Property Investment Analyst

Title Officer

Real Estate Transaction Manager

Development Project Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, property rights, and obligations in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, and Book II on Property, Ownership, and its Modifications.
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and transactions affecting registered lands, including requirements for valid transfer of land ownership.
Land Registration Act (Act No. 496): Establishes the Torrens system of land registration in the Philippines and procedures for land registration.
Republic Act No. 6552 (Maceda Law): Provides protection to buyers in installment sales of real estate, including rights of buyers in case of default.
Local Government Code (Republic Act No. 7160): Contains provisions on local government requirements for land transactions, including zoning regulations and permits.
Commonwealth Act No. 141 (Public Land Act): Governs the classification and disposition of public lands, which may be relevant if the land was originally public land.
Republic Act No. 7279 (Urban Development and Housing Act): Provides guidelines for urban land reform and housing, which may affect certain land transactions in urban areas.
Republic Act No. 8293 (Intellectual Property Code): Relevant for provisions regarding the registration and protection of contracts and documents related to land transactions.
Republic Act No. 9646 (Real Estate Service Act): Regulates real estate service practitioners and may affect requirements for professional involvement in land transactions.
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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