Purchase Agreement Improved Property Template for Philippines

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Key Requirements PROMPT example:

Purchase Agreement Improved Property

"I need a Purchase Agreement for Improved Property in the Philippines for buying a commercial building in Makati City, with closing planned for March 2025 and payment in three installments."

Document background
The Purchase Agreement for Improved Property is a crucial legal instrument in Philippine real estate transactions, used when transferring ownership of land that includes buildings, structures, or other permanent improvements. This document type is essential for both residential and commercial property transactions in the Philippines, requiring compliance with multiple local regulations including the Civil Code, Property Registration Decree, and Local Government Code. The agreement must address specific Philippine legal requirements such as notarization, proper identification of parties, technical property description, and tax compliance certificates. It serves as the primary document for recording the transaction terms, protecting both parties' interests, and facilitating proper registration with the Register of Deeds. The agreement becomes particularly important given the Philippines' strict requirements regarding property transfers and foreign ownership restrictions.
Suggested Sections

1. Parties: Identification of the Seller and Buyer with complete details as required under Philippine law

2. Background: Context of the transaction and brief description of the improved property

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

4. Property Description: Detailed description of the improved property including lot area, improvements, and TCT/CCT number

5. Purchase Price: Statement of the total purchase price and payment terms

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

7. Conditions Precedent: Conditions that must be fulfilled before the sale becomes final

8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, condition, and legal status

9. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and compliance with laws

10. Closing and Transfer of Title: Process and requirements for property transfer and registration

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

12. Risk and Insurance: Transfer of risk and insurance requirements

13. Default and Remedies: Consequences of default and available remedies

14. Governing Law: Specification of Philippine law as governing law

15. Dispute Resolution: Process for resolving disputes

16. Notices: Method and addresses for formal communications

17. Execution: Signature blocks and notarial requirements

Optional Sections

1. Broker Provisions: Include when real estate brokers are involved in the transaction

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

3. Tenant Provisions: Include when property has existing tenants

4. Construction Completion: Include when property improvements are still under construction

5. Environmental Provisions: Include when environmental issues need specific addressing

6. Homeowners Association: Include when property is part of a subdivision or condominium

7. Foreign Ownership Compliance: Include when buyer is a foreign national or entity

8. Agricultural Land Provisions: Include when property was previously classified as agricultural land

Suggested Schedules

1. Schedule A - Property Details: Technical description of land and improvements, including lot plan and TCT/CCT details

2. Schedule B - Payment Schedule: Detailed payment terms and installment schedule if applicable

3. Schedule C - Property Documents: List of all property-related documents to be transferred

4. Schedule D - Permits and Licenses: Copies of relevant building permits, occupancy permits, and other licenses

5. Schedule E - Property Inspection Report: Detailed report on property condition and improvements

6. Schedule F - Tax Clearances: Real property tax clearances and tax declarations

7. Appendix 1 - Property Photos: Recent photographs of the property and improvements

8. Appendix 2 - Required Governmental Certificates: Zoning certificates, building compliance certificates, etc.

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

Construction

Banking and Finance

Legal Services

Property Development

Hospitality

Retail

Manufacturing

Corporate Services

Investment

Industrial

Relevant Teams

Legal

Real Estate

Compliance

Finance

Business Development

Operations

Property Management

Asset Management

Investment

Risk Management

Facilities Management

Corporate Services

Relevant Roles

Real Estate Manager

Property Developer

Corporate Lawyer

Legal Counsel

Real Estate Broker

Property Manager

Compliance Officer

Chief Financial Officer

Business Development Manager

Investment Manager

Facilities Manager

Asset Manager

Real Estate Analyst

Acquisition Manager

Corporate Secretary

Finance Director

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, obligations, and property rights in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, and Book V on Property, Ownership, and its Modifications.
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and transactions affecting registered land, including the transfer of title and recording of instruments affecting registered property.
Local Government Code (Republic Act No. 7160): Provides regulations on local taxation, permits, and clearances required for property transfers, including real property tax provisions.
National Internal Revenue Code (NIRC): Contains provisions on capital gains tax, documentary stamp tax, and other tax obligations related to property transfers.
National Building Code (Presidential Decree No. 1096): Sets standards for building construction and improvements, relevant for verifying compliance of improved property.
Real Estate Service Act (RESA) of 2009 (Republic Act No. 9646): Regulates real estate practice and provides guidelines for real estate transactions and valuations.
Anti-Money Laundering Act (Republic Act No. 9160): Contains provisions affecting large-value property transactions and reporting requirements for real estate purchases.
Comprehensive Agrarian Reform Law (Republic Act No. 6657): Must be considered to verify if the property is not subject to agrarian reform restrictions.
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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