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Residential Real Estate Sale Agreement for Philippines

Residential Real Estate Sale Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that facilitates the transfer of residential real estate ownership from a seller to a buyer. This agreement outlines the terms and conditions of the sale, including property details, purchase price, payment terms, warranties, and closing requirements. It incorporates provisions from key Philippine legislation such as the Civil Code, Maceda Law, and relevant property registration decrees, ensuring compliance with local real estate regulations while protecting both parties' interests throughout the transaction process.

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Residential Real Estate Sale Agreement

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What is a Residential Real Estate Sale Agreement?

The Residential Real Estate Sale Agreement is a crucial legal instrument used in the Philippines for transferring ownership of residential properties. This document is essential when selling or purchasing houses, condominiums, or other residential units, ensuring compliance with Philippine property laws and regulations. It incorporates mandatory provisions from the Civil Code of the Philippines, Presidential Decree No. 957 (Subdivision and Condominium Buyers' Protective Decree), and the Maceda Law (RA 6552), among others. The agreement typically includes detailed property descriptions, payment terms, warranties, and closing requirements, while addressing specific Philippine requirements such as spouse consent for married sellers and foreign ownership restrictions. It serves as the primary contract document that protects both buyers' and sellers' interests throughout the property transfer process.

What sections should be included in a Residential Real Estate Sale Agreement?

1. Parties: Identification of the Seller and Buyer with complete details as required by Philippine law, including civil status which is crucial for property transactions

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement, including technical and legal terms specific to Philippine real estate

4. Property Details: Comprehensive description of the property including lot number, street address, technical description, and TCT/CCT number

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

6. Terms of Payment: Detailed payment structure, including provisions for installment payments if applicable, in compliance with the Maceda Law

7. Representations and Warranties: Seller's warranties regarding ownership, absence of liens, and property condition; Buyer's warranties regarding financial capacity

8. Conditions Precedent: Requirements to be fulfilled before closing, including documentary requirements and government clearances

9. Closing and Transfer of Title: Process and timeline for executing the deed of absolute sale and transferring title

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

11. Default and Remedies: Consequences of default by either party and available legal remedies

12. Governing Law: Specification of Philippine law as governing law and jurisdiction

13. Notices: Process for sending formal communications between parties

14. General Provisions: Standard clauses including severability, entire agreement, and amendment procedures

What sections are optional to include in a Residential Real Estate Sale Agreement?

1. Broker Provisions: Include when a licensed real estate broker is involved in the transaction, specifying commission arrangements

2. Mortgage Contingency: Include when the purchase is contingent on the buyer obtaining mortgage financing

3. Property Management During Transition: Include when there's a significant gap between contract signing and closing, or when the property is tenanted

4. Construction Completion: Include for pre-selling transactions or when property requires completion of construction

5. Condominium Association: Include for condominium sales, covering association rules and fees

6. Foreign Ownership Compliance: Include when either party is a foreign national, addressing ownership restrictions under Philippine law

7. Zoning and Land Use: Include when property has specific zoning requirements or restrictions

What schedules should be included in a Residential Real Estate Sale Agreement?

1. Schedule A - Property Description: Detailed technical description of the property, including boundaries and TCT/CCT details

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms, including due dates and amounts

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

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

5. Schedule E - Title Encumbrances: List of existing liens, encumbrances, or restrictions on the property

6. Appendix 1 - Property Photos: Recent photographs of the property and its major features

7. Appendix 2 - Tax Declarations: Copies of current real property tax declarations

8. Appendix 3 - Building Permits: Copies of relevant building permits and certificates of occupancy

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

Banking and Finance

Construction

Property Development

Legal Services

Insurance

Property Management

Financial Services

Urban Planning

Residential Development

Relevant Teams

Legal

Real Estate

Property Management

Sales

Compliance

Documentation

Finance

Risk Management

Operations

Customer Relations

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Real Estate Broker

Property Developer

Legal Counsel

Title Officer

Property Manager

Mortgage Officer

Real Estate Appraiser

Compliance Officer

Real Estate Documentation Specialist

Property Sales Manager

Real Estate Transaction Coordinator

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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