Deed Of Purchase And Sale Template for Philippines

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Key Requirements PROMPT example:

Deed Of Purchase And Sale

"I need a Deed of Purchase and Sale for a commercial property transaction in Manila, Philippines, where my company is purchasing a retail space from ABC Corporation for PHP 25 million, with completion scheduled for March 15, 2025, including provisions for installment payments over 6 months."

Document background
A Deed of Purchase and Sale is a crucial legal instrument in Philippine property law used to document and execute the transfer of property ownership. This document type is essential when conducting any property sale transaction in the Philippines, whether for residential, commercial, or industrial properties. The deed must comply with specific requirements under Philippine law, including the Civil Code, Property Registration Decree, and local government regulations. It contains detailed information about the property being sold, parties involved, purchase price, payment terms, warranties, and tax obligations. The document must be notarized and registered with appropriate government authorities to perfect the transfer of ownership. A properly executed Deed of Purchase and Sale provides legal protection for both parties and serves as evidence of the transaction for various purposes, including tax and property registration.
Suggested Sections

1. Parties: Identifies and provides complete details of the Vendor/Seller and Purchaser/Buyer, including their full legal names, civil status, citizenship, and addresses as required by Philippine law

2. Background: Recitals establishing the ownership of the property by the Vendor, the intention to sell, and the Purchaser's desire to buy

3. Definitions: Defines key terms used throughout the deed, including 'Property', 'Purchase Price', 'Completion Date', and other relevant terms

4. Property Description: Detailed description of the property being sold, including lot number, survey number, title details, boundaries, and technical description as appearing in the title

5. Purchase Price: States the agreed purchase price and currency (Philippine Peso)

6. Payment Terms: Details the method, timing, and conditions of payment, including any deposits or installment arrangements

7. Completion Requirements: Specifies the conditions and requirements for completing the sale, including document submissions and registrations

8. Vendor's Warranties: Warranties regarding ownership, authority to sell, absence of encumbrances, and other property-related assurances

9. Tax Provisions: Specifies responsibilities for various taxes including capital gains tax, documentary stamp tax, and transfer tax

10. Risk and Insurance: Addresses when risk passes to the Purchaser and insurance requirements

11. Execution: Formal execution block including spaces for signatures, witnesses, and notary public as required under Philippine law

Optional Sections

1. Tenant Provisions: Required if the property is currently leased - addresses existing tenancy agreements and transition arrangements

2. Mortgage Details: Required if the property is being purchased with mortgage financing - includes relevant bank details and conditions

3. Broker's Commission: Required if a licensed real estate broker is involved in the transaction - specifies commission arrangements

4. Condominium Provisions: Required for condominium units - includes references to master deed and condominium association rules

5. Agricultural Land Provisions: Required for agricultural land - includes compliance with agrarian reform laws and CARL requirements

6. Subdivision Provisions: Required for properties in subdivisions - includes references to subdivision restrictions and homeowners' association rules

Suggested Schedules

1. Property Schedule: Detailed technical description of the property, including certified true copy of the title and tax declaration

2. Payment Schedule: If payment is by installment, detailed breakdown of payment dates and amounts

3. Encumbrances Schedule: List of existing encumbrances, liens, or annotations on the title, if any

4. Inventory Schedule: For properties sold with fixtures and fittings, detailed inventory of included items

5. Power of Attorney: If either party is represented by an attorney-in-fact, copy of the power of attorney

6. Tax Certificates: Copies of relevant tax clearances and certificates

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 Property

Hospitality

Retail

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Secretarial

Documentation

Land Registration

Property Development

Asset Management

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Property Developer

Land Registration Officer

Corporate Secretary

Real Estate Associate

Title Examiner

Conveyancing Lawyer

Property Assessor

Real Estate Transaction Manager

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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