Agreement For Sale Of Immovable Property Template for Philippines

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Agreement For Sale Of Immovable Property

"I need an Agreement for Sale of Immovable Property for a residential house and lot in Manila, with mortgage financing provisions and a closing date of March 15, 2025; the sale includes existing furniture and appliances."

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What is a Agreement For Sale Of Immovable Property?

The Agreement For Sale Of Immovable Property is a fundamental legal instrument in Philippine real estate transactions, essential for documenting property sales in compliance with the Civil Code of the Philippines and related property laws. This document is required whenever there is a transfer of ownership of real property, whether it's residential, commercial, or agricultural land. It must include specific elements mandated by Philippine law, such as proper party identification, property description, price and payment terms, and necessary warranties. The agreement serves multiple purposes: it evidences the parties' consent, establishes their rights and obligations, facilitates property registration, and ensures compliance with tax requirements. It must be notarized to be enforceable and requires registration with appropriate government authorities. The document's format and content are influenced by both civil law requirements and customary practice in Philippine real estate transactions.

What sections should be included in a Agreement For Sale Of Immovable Property?

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

2. Background: Outlines the context of the sale and basic information about the property being sold

3. Definitions: Defines key terms used throughout the agreement

4. Property Description: Detailed description of the property including lot number, boundaries, title details, and improvements

5. Purchase Price: Specifies the agreed purchase price and payment terms

6. Payment Terms: Details the schedule of payments, including deposits, installments, and final payment

7. Conditions Precedent: Conditions that must be fulfilled before the sale becomes final

8. Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and condition

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

10. Transfer of Title: Process and timeline for transferring property title to the buyer

11. Possession: Terms regarding the physical handover of the property

12. Default and Remedies: Consequences and remedies for breach of contract

13. Governing Law: Confirms Philippine law as governing law and jurisdiction

14. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Agreement For Sale Of Immovable Property?

1. Broker Involvement: Required when a licensed real estate broker is involved in the transaction

2. Mortgage Provisions: Included when the purchase is subject to mortgage financing

3. Tenant Rights: Required when the property is currently leased to tenants

4. Environmental Provisions: Necessary for properties in environmentally sensitive areas or with specific environmental concerns

5. Subdivision Restrictions: Required for properties within subdivisions or planned developments

6. Construction Warranties: Included for newly constructed properties

7. Condominium Provisions: Required for condominium units, including association rules and common areas

8. Agricultural Land Provisions: Required when the property is agricultural land subject to CARP

What schedules should be included in a Agreement For Sale Of Immovable Property?

1. Property Details Schedule: Technical description of the property, including lot plan, boundaries, and technical specifications

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

3. Title Documents: Copies of land title and other ownership documents

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

5. Property Survey: Recent survey plan and technical description

6. List of Improvements: Detailed inventory of improvements on the property

7. Permits and Certificates: Relevant government permits and certificates

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

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
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