The Land Selling Agreement Letter is a critical legal instrument used in Philippine real estate transactions to formalize the sale and transfer of land property. This document is essential when any party wishes to sell or purchase land in the Philippines, whether for residential, commercial, or agricultural purposes. It must adhere to strict requirements under Philippine law, including the Civil Code, Property Registration Decree, and local government regulations. The agreement includes comprehensive details about the property, parties involved, purchase price, payment terms, and conditions of sale. Given the complexity of land ownership laws in the Philippines, particularly regarding foreign ownership restrictions and agrarian reform considerations, the Land Selling Agreement Letter must be carefully drafted to ensure all legal requirements are met and the interests of all parties are protected. The document requires proper notarization and registration with relevant government authorities to be legally binding.
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1. Parties: Full legal names and addresses of the seller and buyer, including their civil status as required by Philippine law
2. Background: Brief context of the sale and confirmation of the seller's ownership and authority to sell
3. Definitions: Key terms used in the agreement, including 'Property', 'Purchase Price', 'Closing Date', etc.
4. Property Description: Detailed description of the land including lot number, survey number, title details, boundaries, and total area
5. Purchase Price: Agreed selling price, payment terms, and schedule of payments
6. Mode of Payment: Specified method of payment, including bank details if applicable
7. Terms and Conditions: Core conditions of the sale, including closing date and requirements for transfer
8. Representations and Warranties: Seller's guarantees regarding property ownership, absence of liens, and other material facts
9. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other transaction costs
10. Execution Requirements: Notarization requirements and number of copies to be executed
11. Signatures: Signature blocks for all parties, including witnesses as required by Philippine law
1. Broker's Commission: Include when a real estate broker is involved in the transaction
2. Existing Tenants: Required when the property has current occupants or lease agreements
3. Foreign Ownership Compliance: Necessary when buyer is a foreign national or entity
4. Agricultural Land Reform Compliance: Required when the land is or was subject to agrarian reform laws
5. Financing Contingency: Include when purchase is contingent on buyer obtaining financing
6. Environmental Compliance: Necessary for properties requiring environmental clearances or with environmental issues
7. Power of Attorney: Include when either party is represented by an attorney-in-fact
1. Schedule A - Property Documents: List of all title documents, tax declarations, and survey plans
2. Schedule B - Payment Schedule: Detailed breakdown of payment terms and installments if applicable
3. Schedule C - Property Photos: Recent photographs of the property and its boundaries
4. Schedule D - Tax Clearances: Copies of real property tax clearances and other tax certificates
5. Appendix 1 - Technical Description: Detailed technical description of the property from the title and survey
6. Appendix 2 - Special Power of Attorney: If applicable, authorization documents for representatives
7. Appendix 3 - Required Permits: Copies of relevant permits, clearances, and certificates from local authorities
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