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Real Estate Sale Contract Template for United States

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Real Estate Sale Contract

"I need a real estate sale contract for a residential property valued at $500,000, with a 30-day closing period, 10% deposit, and contingencies for financing and home inspection."

What is a Real Estate Sale Contract?

A Real Estate Sale Contract is a legally binding agreement that details the terms and conditions when buying or selling property in the Philippines. It spells out the purchase price, payment terms, and specific details about the property being sold, including its exact location and boundaries as registered with the Registry of Deeds.

Under Philippine Civil Code requirements, this contract must be in writing and needs signatures from both the buyer and seller to be valid. It typically includes important conditions like property turnover dates, tax responsibilities, and what happens if either party backs out. Once signed, it gives both parties clear legal rights they can enforce in court.

When should you use a Real Estate Sale Contract?

Use a Real Estate Sale Contract whenever you're buying or selling any type of real property in the Philippines - from residential homes and commercial buildings to vacant lots. This document becomes essential right after you've agreed on the basic terms with the other party but before any money changes hands.

The timing is crucial: draft and sign it during the negotiation phase, after the verbal agreement but before making the down payment. This protects both parties by clearly documenting the deal terms, preventing future disputes about price, payment schedules, or property details. It's particularly important when dealing with properties that have multiple owners or when arranging installment payments.

What are the different types of Real Estate Sale Contract?

Who should typically use a Real Estate Sale Contract?

  • Property Sellers: Individual homeowners, real estate developers, or property investment companies who transfer ownership rights and must disclose property details
  • Property Buyers: Private individuals, corporations, or investors who acquire the property and commit to payment terms
  • Real Estate Brokers: Licensed professionals who facilitate the transaction and often help draft initial contract terms
  • Legal Counsel: Lawyers who review, revise, or prepare the Real Estate Sale Contract to ensure compliance with Philippine laws
  • Notary Public: Officials who authenticate the contract, making it a public document admissible in court

How do you write a Real Estate Sale Contract?

  • Property Details: Gather the exact location, boundaries, and Tax Declaration Number from the Registry of Deeds
  • Ownership Documents: Collect the Transfer Certificate of Title and tax clearances from relevant offices
  • Party Information: Record complete names, civil status, and addresses of both buyer and seller
  • Payment Terms: Document the total price, down payment amount, and schedule for remaining payments
  • Special Conditions: List any existing liens, encumbrances, or specific agreements about property improvements
  • Compliance Check: Use our platform to generate a legally-sound contract that includes all mandatory elements under Philippine law

What should be included in a Real Estate Sale Contract?

  • Property Description: Complete technical description matching the Transfer Certificate of Title
  • Party Details: Full names, marital status, and addresses of buyer and seller
  • Purchase Price: Total amount, payment terms, and schedule clearly stated
  • Transfer Terms: Specific conditions and timeline for property turnover
  • Warranties: Seller's guarantees about property ownership and condition
  • Tax Provisions: Clear allocation of transfer taxes and registration fees
  • Default Remedies: Consequences if either party fails to fulfill obligations
  • Notarial Acknowledgment: Space for notarization to make it a public document

What's the difference between a Real Estate Sale Contract and a Contract to Sell?

A Real Estate Sale Contract differs significantly from a Contract to Sell in several important ways. While both deal with property transactions in the Philippines, they serve different legal purposes and offer different levels of protection.

  • Transfer of Ownership: A Real Estate Sale Contract transfers property ownership immediately upon signing, while a Contract to Sell postpones the transfer until full payment
  • Legal Remedies: Under a Sale Contract, the seller must sue for payment if the buyer defaults. With a Contract to Sell, they can simply cancel the contract
  • Risk Transfer: Sale Contracts pass all property risks to the buyer immediately, but Contracts to Sell keep risks with the seller until full payment
  • Registration Requirements: Sale Contracts must be registered with the Registry of Deeds promptly, while Contracts to Sell don't require immediate registration

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