The Deed of Sale with Special Power of Attorney is a vital legal instrument in Philippine property law that serves dual purposes: documenting a property sale and authorizing a representative to act on behalf of the seller. This document type is particularly crucial when property owners cannot personally attend to the sale transaction, such as when they are overseas or otherwise indisposed. The document includes detailed property descriptions, sale terms, and specific powers granted to the attorney-in-fact, all governed by Philippine law. It must comply with requirements set forth in the Civil Code of the Philippines, Property Registration Decree, and relevant tax regulations. Commonly used in overseas Filipino worker (OFW) transactions, corporate dealings, and situations requiring delegated authority for property transfers, this document provides a secure and legally recognized method for completing property sales through authorized representatives.
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1. Parties: Identifies the Seller (Principal) and Buyer, including their complete names, civil status, citizenship, and addresses
2. Background: States the context of the sale and the need for the special power of attorney
3. Definitions: Defines key terms used throughout the document
4. Property Description: Detailed description of the property being sold, including technical description, boundaries, and certificate of title number
5. Purchase Price and Payment Terms: States the agreed purchase price and detailed payment arrangements
6. Representations and Warranties of the Seller: Seller's declarations regarding ownership, authority to sell, and property condition
7. Special Power of Attorney Provisions: Specific powers granted to the attorney-in-fact, including scope and limitations
8. Attorney-in-Fact's Powers and Responsibilities: Detailed enumeration of authorized actions and duties
9. Transfer of Rights and Obligations: Provisions regarding the transfer of property rights and related obligations
10. Taxes and Expenses: Allocation of responsibility for transfer taxes, registration fees, and other expenses
11. Effectivity and Term: When the deed takes effect and duration of the power of attorney
12. Execution: Formal signing requirements and notarization provisions
1. Mortgage Provisions: Include when the property has existing mortgages or liens that need to be addressed
2. Tenant Provisions: Include when the property has existing tenants or lessees
3. Conditional Sale Provisions: Include when the sale is subject to specific conditions precedent or subsequent
4. Co-Owner Provisions: Include when the property has multiple owners or involves conjugal property
5. Property Development Provisions: Include when the property is under development or has pending construction
6. Foreign Ownership Compliance: Include when either party is a foreign national, addressing ownership restrictions
7. Survivorship Clause: Include when the power of attorney needs to persist beyond death or incapacity
1. Schedule A - Property Details: Technical description of the property, including lot plan, boundaries, and improvements
2. Schedule B - Title Documents: List and copies of relevant title documents and tax declarations
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installment schedule if applicable
4. Schedule D - Required Permits and Clearances: List of necessary government permits and tax clearances
5. Schedule E - Outstanding Obligations: Details of any existing mortgages, liens, or encumbrances
6. Appendix 1 - Property Photos and Plans: Recent photographs and architectural/development plans of the property
7. Appendix 2 - Supporting Documents: Copies of relevant supporting documents including ID's and authorization documents
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