The Lease to Purchase Contract is a sophisticated legal instrument used in the Philippine real estate market when parties wish to combine a property lease with a future purchase option. This arrangement is particularly useful when potential buyers need time to arrange financing or want to occupy the property while building up equity through rental payments. The document must comply with Philippine civil law and real estate regulations, including the Civil Code of the Philippines and the Maceda Law, which provides specific protections for property buyers. It's commonly used in both residential and commercial contexts, providing flexibility for both parties while ensuring legal protection under Philippine jurisdiction. The agreement typically includes comprehensive terms covering the lease period, purchase option details, payment structures, maintenance responsibilities, and conditions for exercising the purchase option.
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1. Parties: Identification of the Lessor-Seller and Lessee-Buyer with complete details including names, addresses, and tax identification numbers
2. Background: Context of the agreement, including property ownership status and parties' intentions regarding lease and eventual purchase
3. Definitions: Definitions of key terms used throughout the agreement, including specific Philippine legal terminology
4. Property Description: Detailed description of the property including exact location, boundaries, and certificate of title details
5. Lease Terms: Specific terms of the lease including duration, rental amount, payment schedule, and maintenance responsibilities
6. Purchase Option Terms: Details of the purchase option including purchase price, option period, and how rental payments apply to purchase price
7. Payment Terms: Comprehensive payment structure including lease payments, option fee, purchase price, and payment methods
8. Rights and Obligations: Detailed responsibilities of both parties during both lease and purchase option periods
9. Property Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements during the lease period
10. Insurance and Taxes: Requirements for property insurance and responsibility for property taxes
11. Default and Remedies: Consequences of default by either party and available remedies
12. Exercise of Purchase Option: Process and requirements for exercising the purchase option
13. Termination: Conditions and procedures for termination of the agreement
14. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional matters
1. Broker Representation: Include when real estate brokers are involved in the transaction, detailing their roles and commissions
2. Property Management: Include when a property manager will be involved during the lease period
3. Homeowners Association: Include when the property is part of a homeowners association or condominium corporation
4. Renovation Rights: Include when the lessee-buyer is granted specific rights to renovate the property during the lease period
5. Sub-lease Provisions: Include when sub-leasing might be permitted during the lease period
6. Force Majeure: Include specific provisions for natural disasters or other unforeseen circumstances common in the Philippines
7. Environmental Compliance: Include when the property has specific environmental requirements or concerns
1. Schedule A - Property Details: Detailed technical description of the property, including lot area, boundaries, and technical specifications
2. Schedule B - Payment Schedule: Detailed breakdown of all payments including monthly rent, option fees, and purchase price calculations
3. Schedule C - Property Condition Report: Detailed assessment of the property's condition at the start of the lease
4. Schedule D - Permitted Modifications: List of modifications or improvements the lessee-buyer is permitted to make
5. Schedule E - Title Documents: Copies of relevant property title documents and certificates
6. Schedule F - Property Rules and Regulations: Any applicable homeowners association or building rules
7. Appendix 1 - Required Insurance Coverage: Detailed specifications of required insurance coverage
8. Appendix 2 - Form of Option Exercise Notice: Template for the formal notice to exercise the purchase option
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