Real Estate Sales Agreement Contract for Philippines

Real Estate Sales Agreement Contract Template for Philippines

A comprehensive legal document governed by Philippine law that formalizes the transfer of real estate property ownership from a seller to a buyer. This agreement outlines the essential terms and conditions of the sale, including property details, purchase price, payment terms, warranties, and obligations of both parties. It incorporates specific requirements under Philippine legislation, including compliance with the Civil Code, Property Registration Decree, and relevant tax laws. The document includes provisions for proper registration with the Register of Deeds and addresses local requirements for property transfer, ensuring the transaction meets all legal and regulatory requirements in the Philippines.

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What is a Real Estate Sales Agreement Contract?

A Real Estate Sales Agreement Contract is a fundamental legal instrument used in the Philippines for property transactions. This document is essential when transferring ownership of real property, whether residential, commercial, or industrial. It must comply with Philippine legal requirements, including the Civil Code of the Philippines, Property Registration Decree, and relevant tax regulations. The agreement becomes particularly important in the Philippine context due to specific local requirements regarding property ownership, transfer procedures, and restrictions on foreign ownership. It typically includes comprehensive details about the property, parties involved, payment terms, warranties, and closing requirements, while also addressing unique aspects of Philippine real estate law such as notarization requirements and proper registration with the Register of Deeds. The document serves as the primary evidence of the transaction and basis for property transfer registration.

What sections should be included in a Real Estate Sales Agreement Contract?

1. Parties: Identifies and provides complete details of the Seller and Buyer, including their legal names, addresses, and tax identification numbers

2. Background: Outlines the context of the sale, including brief property description and parties' intention to enter into the transaction

3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation

4. Property Description: Detailed description of the real estate property, including lot number, location, boundaries, and title details

5. Purchase Price: States 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. Warranties and Representations: Seller's warranties regarding property ownership, absence of liens, and other material facts about the property

8. Conditions Precedent: Conditions that must be fulfilled before the sale becomes final, including title clearance and payment requirements

9. Closing and Transfer of Title: Process and requirements for completing the sale and transferring property ownership

10. Taxes and Expenses: Allocation of responsibility for transfer taxes, registration fees, and other transaction costs

11. Default and Remedies: Consequences of breach by either party and available remedies

12. Governing Law: Specifies Philippine law as governing law and jurisdiction for disputes

13. Execution: Formal closing of the agreement with signatures and notarization requirements

What sections are optional to include in a Real Estate Sales Agreement Contract?

1. Broker Involvement: Details of real estate broker involvement and commission arrangements, used when a licensed broker is involved in the transaction

2. Mortgage Provisions: Terms related to mortgage financing, included when buyer is obtaining bank financing

3. Property Inspection: Terms regarding property inspection rights and procedures, used for pre-existing properties

4. Occupancy Provisions: Terms regarding current occupancy and vacancy requirements, used when property is occupied

5. Construction Completion: Terms regarding completion of construction and warranties, used for pre-selling arrangements or properties under construction

6. Homeowners Association: Terms relating to homeowners association membership and fees, used for properties within planned developments

7. Foreign Ownership Compliance: Special provisions ensuring compliance with foreign ownership restrictions, used when buyer is foreign

What schedules should be included in a Real Estate Sales Agreement Contract?

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

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

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

4. Schedule D - Outstanding Requirements: List of documents and requirements to be completed by either party

5. Appendix 1 - Property Documents: Copies of relevant property documents including title, tax declarations, and surveys

6. Appendix 2 - Due Diligence Reports: Technical reports, property inspection results, and other due diligence findings

7. Appendix 3 - Required Permits: Copies of relevant permits, certificates, and governmental approvals

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Buy-Sell Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Banking & Finance

Legal Services

Property Management

Real Estate Investment

Urban Development

Housing & Development

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Sales

Compliance

Business Development

Operations

Finance

Risk Management

Corporate Affairs

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Real Estate Agent

Property Developer

Legal Counsel

Compliance Officer

Title Officer

Contract Administrator

Real Estate Investment Manager

Property Acquisition Manager

Real Estate Operations Manager

Business Development Manager

Corporate Lawyer

Conveyancing Lawyer

Real Estate Paralegal

Property Sales Manager

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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