Affidavit And Memorandum Of Agreement Of Purchase And Sale Template for Philippines

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Key Requirements PROMPT example:

Affidavit And Memorandum Of Agreement Of Purchase And Sale

"I need an Affidavit and Memorandum of Agreement of Purchase and Sale for a residential property transaction in Manila, with completion scheduled for March 2025, including provisions for installment payments over 6 months and specific conditions about property improvements currently underway."

Document background
The Affidavit And Memorandum Of Agreement Of Purchase And Sale is a crucial document in Philippine property transactions, combining the formality of a sworn statement with the comprehensive terms of a sale agreement. This document type is particularly important in the Philippine legal context, where notarized documents carry significant weight in property transactions. It is used when parties need to create a legally binding record of property sale that can also serve as evidence in legal proceedings. The document includes sworn statements about the property's condition, ownership, and transaction details, while simultaneously detailing the complete terms of sale, payment conditions, and obligations of all parties. It's especially relevant in situations requiring enhanced documentation of property transactions, such as high-value sales, complex property transfers, or transactions involving foreign parties where additional compliance requirements apply.
Suggested Sections

1. Parties: Identifies and provides complete details of the Vendor/Seller and Purchaser/Buyer, including their legal capacity to enter into the agreement

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

3. Definitions: Defines key terms used throughout the document for clarity and legal certainty

4. Property Description: Detailed description of the property being sold, including its technical description, boundaries, and certificate of title information

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

6. Mode of Payment: Specifies how and when payments will be made, including banking details if applicable

7. Representations and Warranties: Statements of fact by both parties regarding their capacity, the property's condition, and absence of encumbrances

8. Conditions of Sale: Details the terms and conditions of the sale, including delivery of possession and transfer of title

9. Taxes and Expenses: Specifies which party is responsible for various taxes and transaction costs

10. Notarial Acknowledgment: Required section for notarization, including jurat and acknowledgment

11. Execution: Signature blocks for all parties, witnesses, and notary public

Optional Sections

1. Broker's Commission: Include when a broker or agent is involved in the transaction, specifying commission terms

2. Mortgage Details: Required when the property is subject to an existing mortgage or if the purchase is being financed through a mortgage

3. Foreign Ownership Compliance: Include when one party is a foreign national, addressing compliance with Philippine foreign ownership restrictions

4. Property Inspection Results: Include when specific property inspections have been conducted and form part of the agreement

5. Existing Tenancies: Required when the property is subject to existing lease agreements

6. Special Conditions: Include when there are unique circumstances or additional conditions specific to the transaction

7. Force Majeure: Optional clause addressing unforeseen circumstances that might affect the completion of the sale

Suggested Schedules

1. Schedule A - Property Details: Comprehensive technical description of the property, including lot plan, boundaries, and improvements

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms and dates if involving multiple payments

3. Schedule C - Title Documents: List of all title documents and certified true copies of relevant certificates

4. Schedule D - Property Inspection Report: Detailed report of property condition and any identified issues

5. Schedule E - Tax Clearances: Copies of relevant tax clearances and certificates

6. Appendix 1 - Required Government IDs: Photocopies of required government IDs of all parties

7. Appendix 2 - Corporate Documents: If any party is a corporation, includes secretary's certificates, board resolutions, and other corporate authorizations

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

Construction

Property Development

Banking and Finance

Legal Services

Property Management

Urban Development

Real Estate Investment

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Secretarial

Documentation

Investment

Due Diligence

Contract Administration

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Real Estate Developer

Property Assessor

Notary Public

Corporate Secretary

Real Estate Investment Manager

Title Officer

Contract Administrator

Legal Document Specialist

Property Transaction Coordinator

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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