Private Real Estate Sale Contract Template for Philippines

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Key Requirements PROMPT example:

Private Real Estate Sale Contract

"I need a Private Real Estate Sale Contract for the purchase of a commercial property in Makati City, Philippines, with a phased payment structure spanning until March 2025, including specific provisions for existing tenant rights and building code compliance."

Document background
The Private Real Estate Sale Contract is a fundamental legal document used in the Philippines for transferring ownership of real property between parties. It is essential for any private sale of real estate, whether residential, commercial, or agricultural property. The document must comply with the Civil Code of the Philippines, Property Registration Decree (PD 1529), and various local government regulations. It includes crucial elements such as property description, price, payment terms, warranties, and conditions precedent to the sale. This contract type is particularly important in the Philippine context due to specific requirements regarding property registration, tax obligations, and restrictions on foreign ownership. It serves as the primary evidence of the transaction and basis for subsequent property registration and transfer of title.
Suggested Sections

1. Parties: Identifies and provides complete details of the Seller and Buyer, including their legal capacity to enter into the contract

2. Background: Establishes the context of the sale, including brief property description and Seller's ownership rights

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

4. Property Description: Detailed description of the real estate property being sold, including exact location, boundaries, and title details

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

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

7. Conditions Precedent: Lists conditions that must be fulfilled before the sale becomes final, including title clearance and payment of taxes

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

9. Buyer's Obligations: Specifies the buyer's responsibilities including payment, due diligence, and documentation requirements

10. Seller's Obligations: Details the seller's duties including property delivery, title transfer, and tax clearance obligations

11. Closing Requirements: Lists all documents and actions required to complete the sale

12. Transfer of Title: Procedures and requirements for transferring property title to the buyer

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

14. Default and Remedies: Consequences of breach and available remedies for either party

15. Governing Law: Confirms Philippine law as governing law and jurisdiction for disputes

16. Miscellaneous Provisions: Standard contract provisions including entire agreement, amendments, and severability

Optional Sections

1. Broker Provisions: Include when a real estate broker is involved in the transaction, detailing broker's role and commission

2. Mortgage Contingency: Include when the purchase is contingent on buyer obtaining mortgage financing

3. Property Inspection: Include when specific inspection requirements or results need to be documented

4. Tenant Rights: Include when the property is currently leased and addresses existing tenant rights

5. Homeowners Association: Include when property is part of a subdivision or condominium with association requirements

6. Construction Warranties: Include for newly constructed properties with builder warranties

7. Foreign Ownership Compliance: Include when buyer is a foreign national or entity, addressing ownership restrictions

8. Environmental Provisions: Include when environmental issues or requirements need to be addressed

Suggested Schedules

1. Schedule A - Property Details: Detailed technical description of the property, including lot area, boundaries, and technical description from the title

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

3. Schedule C - Title Documents: List of all title and ownership documents, including tax declarations and certificates

4. Schedule D - Permits and Certificates: Copies of relevant permits, certificates, and clearances

5. Schedule E - Property Inventory: List of fixtures, fittings, and other items included in the sale

6. Appendix 1 - Property Photos: Recent photographs of the property and its major features

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

8. Appendix 3 - Tax Certificates: Current real property tax certificates and tax clearances

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

Legal Services

Property Management

Urban Planning

Architecture

Investment

Insurance

Residential Housing

Commercial Property

Agricultural Land

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Investment

Operations

Risk Management

Due Diligence

Documentation

Business Development

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Attorney

Property Developer

Real Estate Broker

Legal Counsel

Property Manager

Investment Manager

Real Estate Analyst

Title Officer

Compliance Officer

Real Estate Consultant

Property Assessor

Mortgage Officer

Real Estate Investment Advisor

Due Diligence 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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