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Absolute Agreement Of Sale Template for Philippines

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Key Requirements PROMPT example:

Absolute Agreement Of Sale

"I need an Absolute Agreement of Sale for a residential property in Manila, Philippines, with a purchase price of 5 million pesos and closing date set for March 15, 2025; the agreement should include standard payment terms with 20% down payment and full payment at closing."

Document background
The Absolute Agreement of Sale is a fundamental legal document used in the Philippines when conducting a complete and irrevocable transfer of property ownership. This type of agreement is distinguished from a conditional sale or contract to sell, as it represents an immediate and absolute transfer of property rights upon execution and fulfillment of conditions. The document is essential for compliance with Philippine property law requirements and is typically used in both residential and commercial property transactions. It must include specific elements required by the Civil Code of the Philippines, such as a definite object and consideration, and serves as the basis for property registration with the Register of Deeds. The agreement is particularly important as it provides clear documentation of the transfer of ownership and helps prevent future property disputes.
Suggested Sections

1. Parties: Identifies and provides complete details of the Seller and Buyer, including their legal names, addresses, and tax identification numbers

2. Background: Establishes the context of the sale, including brief description of the property and the parties' intention to enter into an absolute sale

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent ambiguity

4. Subject Matter of Sale: Detailed description of the property being sold, including its location, boundaries, and certificate of title number

5. Purchase Price: States the agreed purchase price, payment terms, and method of payment

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

7. Conditions of Sale: Specifies the conditions that must be met for the sale to proceed, including title requirements and property inspection

8. Mode of Payment: Detailed breakdown of payment schedule, including any deposits, installments, and final payment arrangements

9. Transfer of Title: Process and timeline for transferring property title to the buyer

10. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other transaction-related expenses

11. Possession: Terms and timing for the transfer of physical possession of the property

12. Governing Law: Specifies Philippine law as governing law and jurisdiction

13. Miscellaneous Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Broker Provisions: Include when a real estate broker is involved in the transaction, detailing broker's role and commission

2. Mortgage Provisions: Include when the property has existing mortgages that need to be discharged or when buyer is obtaining mortgage financing

3. Tenant Provisions: Include when the property is currently leased to tenants, addressing lease assignments or termination

4. Construction Warranties: Include for newly constructed properties, detailing developer's warranties and obligations

5. Environmental Provisions: Include when environmental issues or assessments are relevant to the property

6. Condominium Provisions: Include for condominium units, addressing association rules and common area rights

7. Foreign Ownership Provisions: Include when buyer is a foreign national, addressing relevant ownership restrictions

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property, including lot plan, boundaries, and technical specifications

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

3. Title Documents: Copies of property title, tax declarations, and other ownership documents

4. Property Inspection Report: Results of property inspection, including any identified issues or repairs needed

5. Tax Clearance Certificates: Proof of payment of real property taxes and other relevant tax clearances

6. Power of Attorney: If applicable, documents authorizing representatives to act on behalf of either party

7. Permits and Certificates: Relevant government permits, zoning certificates, or building permits

Authors

Alex Denne

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

Relevant legal definitions



































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Relevant Industries

Real Estate

Banking and Finance

Construction

Property Development

Agriculture (for agricultural land)

Commercial Property

Residential Property

Industrial Property

Retail

Hospitality

Relevant Teams

Legal

Real Estate

Compliance

Corporate Secretarial

Property Management

Business Development

Asset Management

Operations

Risk Management

Finance

Relevant Roles

Real Estate Attorney

Property Manager

Real Estate Broker

Compliance Officer

Legal Counsel

Property Developer

Title Officer

Real Estate Agent

Corporate Secretary

Business Development Manager

Asset Manager

Transaction Manager

Chief Legal Officer

Real Estate Operations Manager

Property Acquisition Specialist

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

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