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Lease Sale Agreement for Philippines

Lease Sale Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that combines both lease and sale elements in a single agreement. It establishes the terms for initially leasing a property with the provision for its eventual purchase, typically through applying a portion of lease payments toward the purchase price. The agreement must comply with the Civil Code of the Philippines, the Maceda Law, and relevant property registration requirements, while detailing the transition from lease to ownership, payment terms, property maintenance responsibilities, and conditions for both the lease and sale phases of the transaction.

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Lease Sale Agreement

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What is a Lease Sale Agreement?

The Lease Sale Agreement serves as a crucial legal instrument in Philippine property transactions where parties wish to combine leasing and purchasing into a single arrangement. This document type is particularly useful when buyers need time to secure full financing or want to occupy the property immediately while building equity through lease payments. The agreement must conform to Philippine legal requirements, including the Civil Code, Maceda Law, and property registration regulations. It typically includes detailed provisions for both the leasing phase (including rental terms, maintenance, and use restrictions) and the sale phase (including purchase price, payment crediting, and transfer conditions). This document type is commonly used in both residential and commercial property transactions, offering flexibility while protecting both parties' interests under Philippine law.

What sections should be included in a Lease Sale Agreement?

1. Parties: Identification and details of the Lessor-Seller and Lessee-Buyer, including their legal capacity to contract

2. Background: Context of the agreement, including property description and intent to combine lease with eventual sale

3. Definitions: Key terms used throughout the agreement, including financial, property, and timing-related definitions

4. Lease Term and Payments: Duration of the lease period, rental payment amounts, schedule, and method of payment

5. Property Sale Terms: Purchase price, credit for lease payments, and conditions for transfer of ownership

6. Conversion from Lease to Sale: Process and conditions for converting the lease into a sale, including timing and requirements

7. Property Condition and Use: State of the property, permitted uses, and maintenance responsibilities during lease period

8. Rights and Obligations: Specific duties of both parties during both lease and sale phases

9. Insurance and Taxes: Requirements for property insurance and responsibility for various taxes and fees

10. Default and Remedies: Events of default, cure periods, and available remedies for both parties

11. Termination: Grounds for termination and consequences, including any refund rights under Maceda Law

12. Governing Law and Jurisdiction: Specification of Philippine law governance and jurisdiction for disputes

13. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Lease Sale Agreement?

1. Broker Provisions: Include when a broker is involved in the transaction, detailing commissions and responsibilities

2. Mortgage Contingency: Include when the buyer requires mortgage financing to complete the purchase

3. Property Management: Include for commercial properties requiring specific management arrangements during the lease period

4. Environmental Provisions: Include for industrial or commercial properties with potential environmental concerns

5. Common Area Provisions: Include for properties in multi-unit developments or condominiums

6. Construction or Renovation: Include when modifications to the property are permitted or required

7. Assignment and Subletting: Include when transfer rights need to be specifically addressed

What schedules should be included in a Lease Sale Agreement?

1. Schedule A - Property Description: Detailed legal description of the property, including boundaries and technical specifications

2. Schedule B - Payment Schedule: Detailed breakdown of lease payments, purchase price, and payment terms

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

4. Schedule D - Property Condition Report: Detailed assessment of property condition at commencement of lease

5. Schedule E - Permitted Modifications: Specific alterations or improvements permitted during the lease period

6. Appendix 1 - Required Insurance: Detailed insurance requirements and coverage specifications

7. Appendix 2 - Property Rules and Regulations: Specific rules governing property use and maintenance

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

Purchase Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses









































Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail

Manufacturing

Agriculture

Hospitality

Office Space

Warehouse and Logistics

Relevant Teams

Legal

Real Estate

Finance

Operations

Compliance

Risk Management

Facilities Management

Business Development

Property Management

Asset Management

Contract Administration

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Real Estate Broker

Corporate Lawyer

Financial Controller

Business Development Manager

Asset Manager

Operations Director

Compliance Officer

Contract Administrator

Facilities Manager

Real Estate Developer

Investment Manager

Risk 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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