Buy Sell Agreement For A House for Philippines

Buy Sell Agreement For A House Template for Philippines

A comprehensive legal document governed by Philippine law that formalizes the transfer of residential property ownership from seller to buyer. This agreement outlines all essential aspects of the property transaction, including purchase price, payment terms, conditions precedent, warranties, and closing requirements. It incorporates specific provisions required under Philippine real estate law, including compliance with the Civil Code of the Philippines, Real Estate Service Act, and relevant local government regulations. The document serves as the primary instrument for protecting both parties' interests and ensuring a legally valid property transfer.

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What is a Buy Sell Agreement For A House?

The Buy Sell Agreement For A House is a crucial legal document used in Philippine real estate transactions to formalize the transfer of residential property ownership. It becomes necessary whenever a property owner wishes to sell their house to a buyer, ensuring all terms and conditions are clearly documented and legally enforceable. The agreement must comply with various Philippine laws, including the Civil Code, Real Estate Service Act, and local property regulations. It typically includes detailed information about the property, purchase price, payment terms, warranties, closing requirements, and tax obligations. This document is particularly important in the Philippine context due to specific local requirements for property transfer, including notarization requirements and the need for witness signatures. It serves as protection for both parties and is often required by banks, government agencies, and property registries to process the transaction.

What sections should be included in a Buy Sell Agreement For A House?

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

2. Background: Sets out the context of the agreement, confirming the Seller's ownership and both parties' intention to enter into the transaction

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

4. Property Description: Detailed description of the property including exact address, boundaries, and title details

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

6. Payment Terms: Details the payment schedule, method of payment, and consequences of default

7. Conditions Precedent: Lists conditions that must be satisfied before the sale becomes binding

8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, absence of liens, and other material facts

9. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and other relevant matters

10. Closing Requirements: Documents and actions required to complete the transaction

11. Transfer of Title: Process and requirements for transferring property ownership

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

13. Risk and Insurance: Provisions regarding property risk transfer and insurance requirements

14. Default and Remedies: Consequences of breach and available remedies

15. Governing Law: Specifies Philippine law as governing law and relevant jurisdiction

16. Miscellaneous Provisions: Standard clauses including notices, amendments, and severability

What sections are optional to include in a Buy Sell Agreement For A House?

1. Broker Involvement: Details of real estate broker involvement and commission arrangements, used when a broker facilitates the transaction

2. Mortgage Contingency: Conditions related to buyer's mortgage financing, included when purchase depends on mortgage approval

3. Property Inspection: Terms for property inspection and resulting actions, used when inspection is part of the agreement

4. Occupancy Provisions: Terms regarding current occupants and possession date, needed if property is occupied

5. Renovation Agreement: Terms for any agreed renovations before closing, included when improvements are part of the deal

6. Escrow Arrangements: Details of escrow setup and management, used when parties agree to escrow arrangement

7. Furniture and Fixtures: List of items included/excluded in sale, needed when specific items are part of transaction

What schedules should be included in a Buy Sell Agreement For A House?

1. Schedule A - Property Details: Comprehensive property description, including lot area, boundaries, and technical descriptions

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

3. Schedule C - Property Documents: List of all property-related documents including title, tax declarations, and permits

4. Schedule D - Closing Requirements Checklist: Detailed list of documents and requirements for closing

5. Appendix 1 - Property Photos: Recent photographs of the property and its permanent fixtures

6. Appendix 2 - Property Plans: Floor plans, lot plans, and other relevant technical drawings

7. Appendix 3 - Tax Certificates: Copies of relevant tax clearances and certificates

8. Appendix 4 - Due Diligence Reports: Technical, legal, or financial due diligence reports 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

Jurisdiction

Philippines

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Insurance

Construction

Property Development

Property Management

Professional Services

Notarial Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Documentation

Risk Management

Finance

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Real Estate Broker

Property Manager

Legal Counsel

Compliance Officer

Bank Manager

Mortgage Officer

Property Developer

Real Estate Investment Manager

Title Insurance Officer

Property Appraiser

Notary Public

Legal Documentation Specialist

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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