Standard Form Real Estate Contract Template for Philippines

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Key Requirements PROMPT example:

Standard Form Real Estate Contract

"I need a Standard Form Real Estate Contract for purchasing a residential property in Manila, Philippines, with a planned closing date of March 15, 2025, including provisions for installment payments over 24 months."

Document background
The Standard Form Real Estate Contract is a foundational document used in Philippine property transactions, designed to facilitate the legal transfer of real estate while ensuring compliance with local laws and regulations. This template is specifically crafted to meet requirements under the Civil Code of the Philippines, the Real Estate Service Act, and related property laws. It serves as a comprehensive framework for both residential and commercial property transactions, incorporating mandatory provisions for property transfers in the Philippines while maintaining flexibility for various transaction types. The document includes essential elements such as property description, payment terms, warranties, and transfer procedures, making it suitable for use by individuals, corporations, and real estate professionals. It's particularly valuable in the Philippine context where real estate transactions must adhere to strict legal requirements and local customs, including proper notarization and registration procedures.
Suggested Sections

1. Parties: Identification of the Seller and Buyer with complete legal names, civil status, citizenship, and addresses as required under Philippine law

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

3. Definitions: Key terms used throughout the contract, including technical and legal terminology

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

5. Purchase Price: Total consideration and payment terms, including method and schedule of payments

6. Mode of Payment: Specific details on how payments will be made, including installment terms if applicable

7. Warranties of Title and Ownership: Seller's warranties regarding clear title, absence of liens and encumbrances

8. Conditions Precedent: Requirements that must be met before the sale becomes final

9. Representations and Warranties: Standard declarations by both parties regarding their capacity to enter into the contract

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

11. Delivery and Transfer of Possession: Timeline and process for transferring physical possession of the property

12. Registration and Transfer of Title: Process and timeline for legal transfer of title

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

14. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional provisions

15. Notices: Process for formal communications between parties

16. Entire Agreement: Integration clause confirming the contract as the complete agreement between parties

17. Execution: Signature blocks with requirements for Philippine notarization

Optional Sections

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

2. Mortgage Provisions: Terms related to existing or new mortgages, used when the property is mortgaged or will be mortgaged

3. Condominium Provisions: Special terms for condominium units, including association rules and common areas

4. Agricultural Land Provisions: Special provisions required for agricultural land transfers under Philippine agrarian reform laws

5. Foreign Ownership Provisions: Special restrictions and requirements when one party is a foreign national

6. Tenant Rights: Provisions dealing with existing tenants, required when the property is currently leased

7. Construction Warranties: For new construction or recently completed properties, warranties regarding construction quality

8. Homeowners Association: Terms related to homeowners association membership and fees, required for properties within subdivisions

Suggested Schedules

1. Property Documents: Copies of title, tax declarations, and property surveys

2. Payment Schedule: Detailed breakdown of payment terms and dates if installment payment is agreed

3. Property Inventory: List of fixtures and fittings included in the sale

4. Outstanding Taxes and Fees: List of any unpaid taxes or fees relating to the property

5. Property Photographs: Recent photographs documenting the current state of the property

6. Permits and Certificates: Copies of relevant permits, certificates, and clearances

7. Power of Attorney: If applicable, documentation authorizing representatives to act for either party

8. Technical Description: Detailed technical description of the property boundaries and specifications

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

Banking and Finance

Construction

Property Development

Legal Services

Agriculture (for agricultural land)

Retail

Hospitality

Industrial

Commercial Property

Residential Property

Property Management

Relevant Teams

Legal

Real Estate

Sales

Compliance

Property Management

Business Development

Risk Management

Operations

Finance

Administration

Contract Management

Document Control

Relevant Roles

Real Estate Agent

Property Developer

Real Estate Broker

Property Manager

Legal Counsel

Conveyancing Lawyer

Property Appraiser

Real Estate Director

Compliance Officer

Sales Manager

Business Development Manager

Property Consultant

Real Estate Investor

Title Examiner

Mortgage Officer

Real Estate Paralegal

Contract Administrator

Real Estate Analyst

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, property rights, and obligations in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, and Book II on Property, Ownership, and its Modifications.
Real Estate Service Act of 2009 (Republic Act No. 9646): Regulates the practice of real estate service in the Philippines, including requirements for real estate transactions and professional responsibilities.
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and transactions affecting registered land in the Philippines.
Maceda Law (Republic Act No. 6552): Provides protection to buyers in installment sales of real estate, including rights of cancellation and refund.
Urban Development and Housing Act (Republic Act No. 7279): Provides guidelines for urban land reform and housing regulations, particularly relevant for residential real estate contracts.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer interests in real estate transactions, including provisions against unfair trade practices and fraudulent sales.
Local Government Code (Republic Act No. 7160): Contains provisions on local government requirements for real estate transactions, including zoning and land use regulations.
National Internal Revenue Code: Governs taxation aspects of real estate transactions, including capital gains tax, documentary stamp tax, and transfer tax requirements.
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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