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Buy Sell Agreement Between Co Owners Of Real Property for Philippines

Buy Sell Agreement Between Co Owners Of Real Property Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions for the purchase and sale of real property interests between co-owners. This document outlines the mechanisms for transferring ownership shares, including triggering events, valuation methods, and right of first refusal provisions. It ensures compliance with Philippine property laws, including the Civil Code and Property Registration Decree, while addressing tax implications and local government requirements. The agreement provides clear procedures for property transfer, dispute resolution, and protection of all parties' interests in accordance with Philippine jurisdiction.

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Buy Sell Agreement Between Co Owners Of Real Property

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What is a Buy Sell Agreement Between Co Owners Of Real Property?

The Buy Sell Agreement Between Co Owners Of Real Property is a crucial document used when multiple parties share ownership of real estate in the Philippines and wish to establish clear procedures for future ownership transfers. This agreement becomes essential in situations where co-owners need to plan for potential ownership changes, whether triggered by voluntary sale, death, incapacity, or other specified events. It must comply with Philippine property laws, including the Civil Code, Property Registration Decree, and local government regulations. The document typically includes detailed provisions for valuation methods, payment terms, right of first refusal, and transfer procedures. It serves as a preventive measure against potential disputes and provides a clear framework for maintaining harmonious co-ownership relationships while protecting each owner's interests. The agreement is particularly important in the Philippine context, where property co-ownership is common and requires careful consideration of both national and local legal requirements.

What sections should be included in a Buy Sell Agreement Between Co Owners Of Real Property?

1. Parties: Identification of all co-owners involved in the agreement, including their complete legal names, addresses, and ownership percentages

2. Background: Details of the current co-ownership arrangement, property description, and circumstances leading to the buy-sell agreement

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

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

5. Purchase Price and Payment Terms: Agreed purchase price, payment method, and schedule of payments

6. Triggering Events: Events that trigger the right or obligation to buy or sell ownership interests

7. Valuation Method: Process for determining the fair market value or agreed price of the property/ownership share

8. Right of First Refusal: Terms and conditions of co-owners' rights to purchase before offering to third parties

9. Closing Process: Requirements and procedures for completing the property transfer

10. Representations and Warranties: Statements of fact by the parties regarding their authority, property condition, and ownership

11. Tax Provisions: Allocation of tax responsibilities and obligations

12. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional matters

13. Dispute Resolution: Procedures for resolving disputes between parties

14. Notices: Methods and addresses for formal communications between parties

15. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Buy Sell Agreement Between Co Owners Of Real Property?

1. Mortgage or Liens: Required if the property has existing mortgages or liens that need to be addressed

2. Property Management: Used when parties need to establish interim management arrangements before sale completion

3. Insurance Requirements: Included when specific insurance requirements need to be maintained during the sale process

4. Third Party Rights: Required if there are existing leases, easements, or other third-party interests

5. Special Conditions: Used for unique circumstances or requirements specific to the property or parties

6. Foreign Ownership Compliance: Required if any party is a foreign national, addressing compliance with Philippine foreign ownership restrictions

What schedules should be included in a Buy Sell Agreement Between Co Owners Of Real Property?

1. Schedule A - Property Details: Comprehensive property description, including technical description, boundaries, and improvements

2. Schedule B - Current Ownership Structure: Detailed breakdown of current ownership shares and rights

3. Schedule C - Payment Schedule: Detailed payment terms and installment schedule if applicable

4. Schedule D - Required Documents: List of documents required for closing

5. Appendix 1 - Property Title: Copy of the current property title or TCT

6. Appendix 2 - Tax Certificates: Current tax declarations and certificates

7. Appendix 3 - Property Valuation: Independent property valuation or agreed value computation

8. Appendix 4 - Powers of Attorney: If applicable, powers of attorney for authorized representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Buy-Sell Agreement

Cost

Free to use
Relevant legal definitions




































Clauses
































Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Investment Management

Legal Services

Property Management

Real Estate Investment Trusts (REITs)

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Investment

Tax

Corporate Secretariat

Risk Management

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Legal Counsel

Corporate Secretary

Compliance Officer

Real Estate Investment Manager

Property Development Manager

Asset Manager

Title Officer

Real Estate Consultant

Property Valuation Specialist

Tax Advisor

Real Estate Portfolio 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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