Contract For Buying A House Template for Philippines

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Key Requirements PROMPT example:

Contract For Buying A House

"I need a Contract For Buying A House for a residential property in Manila, Philippines, with a phased payment structure where 30% will be paid upon signing in January 2025 and the remaining 70% will be financed through a bank mortgage."

Document background
The Contract For Buying A House is a fundamental legal document used in Philippine real estate transactions when transferring residential property ownership. It serves as the primary agreement between sellers and buyers, whether they are individuals or corporations, and must comply with various Philippine laws including the Civil Code, Real Estate Service Act (RESA), and Property Registration Decree. This document is essential for any residential property purchase in the Philippines, providing legal protection for all parties while ensuring proper documentation of the transaction. It encompasses crucial elements such as property details, payment terms, warranties, and closing requirements, while addressing specific Philippine regulatory requirements including tax obligations, title transfer procedures, and local government regulations. The contract is typically used in both primary and secondary market transactions, whether involving newly developed properties or existing homes.
Suggested Sections

1. Parties: Identification of the Seller and Buyer with complete legal names, civil status, addresses, and tax identification numbers

2. Background: Context of the sale, including brief property history and current ownership status

3. Definitions: Definitions of key terms used throughout the contract

4. Property Description: Detailed legal description of the property including lot number, block number, subdivision details, and technical description from the title

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

6. Payment Terms: Detailed breakdown of payment schedule, method of payment, and consequences of default

7. Conditions Precedent: Conditions that must be met before the sale can proceed, including title verification and property inspection

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 compliance with anti-money laundering requirements

10. Closing Requirements: Documents and actions required from both parties to complete the sale

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

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

13. Risk and Insurance: Transfer of risk and insurance requirements during the sale process

14. Default and Remedies: Consequences and remedies in case either party defaults

15. Governing Law: Specification of Philippine law as governing law and jurisdiction

16. Execution: Signature blocks and notarization requirements

Optional Sections

1. Mortgage Financing: Include when buyer is obtaining mortgage financing, detailing conditions and requirements

2. Existing Tenancies: Include when property has current tenants, describing handling of lease agreements

3. Property Maintenance: Include when there's a gap between contract signing and closing, detailing responsibility for maintenance

4. Broker's Commission: Include when real estate brokers are involved in the transaction

5. Construction Completion: Include for properties under construction or requiring completion works

6. Environmental Matters: Include when property has specific environmental considerations or requirements

7. Association Dues: Include for properties within subdivisions or condominiums with association fees

8. Force Majeure: Include when parties want specific provisions for unforeseen circumstances

Suggested Schedules

1. Property Details Schedule: Technical description, lot plan, and property boundaries

2. Title Documents: Copy of current title and historical title documents

3. Payment Schedule: Detailed breakdown of payment terms and dates

4. Property Inventory: List of fixtures and fittings included in the sale

5. Due Diligence Results: Summary of property inspection, title search, and other due diligence findings

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

7. Permits and Licenses: Relevant building permits, occupancy permits, and other licenses

8. Property Photos: Current photographs of the property's interior and exterior

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

Banking & Finance

Legal Services

Construction & Development

Property Management

Insurance

Public Notary Services

Property Assessment & Valuation

Relevant Teams

Legal

Real Estate

Sales

Compliance

Property Management

Documentation

Finance

Risk Management

Customer Relations

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Real Estate Agent

Legal Counsel

Compliance Officer

Property Developer

Sales Manager

Financial Advisor

Mortgage Officer

Property Assessor

Title Officer

Document Controller

Legal Assistant

Real Estate Transaction Coordinator

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental legal framework for contracts, property rights, and obligations between parties. Articles 1305-1422 specifically deal with contracts, while Articles 1458-1637 cover sales.
Real Estate Service Act of 2009 (RESA) - Republic Act No. 9646: Regulates real estate transactions and professional practice in the Philippines, including requirements for real estate brokers and proper documentation of property sales.
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and transactions affecting registered land, including transfer of ownership and title registration procedures.
Local Government Code (Republic Act No. 7160): Contains provisions on real property taxation, zoning regulations, and local government requirements for property transfers.
National Internal Revenue Code: Covers tax obligations related to real estate transactions, including capital gains tax, documentary stamp tax, and transfer tax requirements.
Anti-Money Laundering Act (AMLA): Requires proper documentation and reporting of large-value real estate transactions to prevent money laundering through property purchases.
Maceda Law (Republic Act No. 6552): Provides protection to buyers of real estate on installment payments, including rights to grace period and refund in case of default.
Urban Development and Housing Act (UDHA): Contains provisions affecting residential property transactions, particularly in urban areas and socialized housing projects.
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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