Simple Contract To Purchase (Real Estate) Template for Philippines

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Key Requirements PROMPT example:

Simple Contract To Purchase (Real Estate)

"I need a Simple Contract To Purchase (Real Estate) for a residential property in Manila, Philippines, with a closing date of March 15, 2025, including provisions for a 30-day due diligence period and full payment through bank financing."

Document background
The Simple Contract To Purchase (Real Estate) is a fundamental legal document used in Philippine real estate transactions to formalize the agreement between a buyer and seller for the transfer of real property. This document is essential when parties have agreed on basic terms and need to document their rights and obligations before proceeding with the final Deed of Absolute Sale. It includes crucial elements required under Philippine law such as property details, price, payment terms, and conditions for closing. The contract serves as a preliminary agreement that binds both parties while conditions precedent to closing are being fulfilled, such as title verification, tax clearance obtainment, and securing financing if required. It must comply with Philippine property laws, including the Civil Code, Property Registration Decree, and relevant tax regulations. This document is particularly important in protecting both parties' interests during the period between agreement and final closing of the sale.
Suggested Sections

1. Parties: Identifies and provides complete details of the seller and buyer, including their legal names, addresses, and civil status as required under Philippine law

2. Background: Brief context of the transaction and acknowledgment of seller's ownership and authority to sell

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

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

5. Purchase Price: States the total purchase price and currency, breaking down any taxes and fees

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

7. Conditions of Sale: States that the property is sold on an 'as-is-where-is' basis and lists any encumbrances or liens

8. Representations and Warranties: Seller's warranties regarding ownership, absence of undisclosed liens, and buyer's acknowledgments

9. Closing and Transfer of Title: Details the process and timeline for executing deed of sale and transferring title

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

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

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

13. Execution: Signature blocks with requirements for notarization under Philippine law

Optional Sections

1. Due Diligence Period: Used when buyer requires time to conduct property inspection and title verification

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

3. Installment Terms: Required when payment is made in installments, incorporating Maceda Law provisions

4. Property Insurance: Used when requiring insurance coverage during the sale process

5. Tenant Provisions: Include if the property is currently leased or occupied

6. Foreign Ownership Compliance: Required when buyer is a foreign national or corporation

7. Homeowners Association: Include if property is within a subdivision or condominium complex

8. Construction Warranties: Used for newly constructed properties with ongoing warranties

Suggested Schedules

1. Schedule A - Property Details: Technical description of the property, including lot plan and boundaries

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

3. Schedule C - Title Documents: Copy of title and relevant property documents

4. Schedule D - Property Inspection Report: Results of property inspection and list of included fixtures

5. Schedule E - Tax Certificates: Current real property tax certificates and clearances

6. Appendix 1 - Required Permits: Copies of necessary permits and clearances

7. Appendix 2 - Property Photos: Recent photographs of the property and improvements

8. Appendix 3 - Form Deed of Absolute Sale: Template of the deed of absolute sale to be executed upon full payment

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

Property Development

Legal Services

Property Management

Urban Planning

Architecture

Commercial Property

Residential Property

Investment and Asset Management

Insurance

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Finance

Tax

Property Management

Investment

Operations

Risk Management

Corporate Services

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Corporate Lawyer

Real Estate Broker

Property Developer

Sales Manager

Business Development Manager

Property Consultant

Compliance Officer

Real Estate Paralegal

Title Officer

Transaction Coordinator

Chief Legal Officer

Real Estate Investment Manager

Property Acquisition Manager

Finance Manager

Tax Consultant

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental rules on contracts, sales, and property ownership, including requirements for valid contracts, obligations and contracts, and specific provisions on sales of real property
Property Registration Decree (Presidential Decree No. 1529): Governs the system of registration of real property and transactions, including transfer of titles and recording of instruments affecting registered lands
National Internal Revenue Code: Covers tax regulations related to real estate transactions, including capital gains tax, documentary stamp tax, and transfer tax requirements
Maceda Law (Republic Act No. 6552): Provides protection to buyers of real estate on installment payments, including rights to grace period and refund in case of default
Notarial Law of 2004 (Republic Act No. 2103): Establishes requirements for the proper execution and notarization of public documents, including real estate contracts
Philippine Constitution Article XII, Section 7: Sets limitations on foreign ownership of land in the Philippines, restricting private land ownership to Filipino citizens and corporations with at least 60% Filipino ownership
Foreign Investments Act (Republic Act No. 7042): Regulates foreign investments and ownership in the Philippines, including restrictions on land ownership
Local Government Code (Republic Act No. 7160): Provides regulations on real property taxation and local permits required for property transactions
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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