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Contract To Sell Land for Philippines

Contract To Sell Land Template for Philippines

A Contract to Sell Land under Philippine law is a preliminary contract where the seller agrees to sell land to the buyer for a specified price, with the transfer of title conditional upon full payment. This document is governed by the Civil Code of the Philippines and various property-related legislation, including the Property Registration Decree and Maceda Law. It details the terms of payment, property description, conditions for transfer, and rights and obligations of both parties. The contract must be notarized and comply with local regulations regarding land transfers and registration.

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Contract To Sell Land

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What is a Contract To Sell Land?

The Contract to Sell Land is a fundamental document in Philippine real estate transactions, used when a seller agrees to transfer land ownership to a buyer upon completion of payment. This differs from a Deed of Absolute Sale as it does not immediately transfer title. The document is particularly useful in installment sales of real property, providing protection for both seller and buyer under Philippine law. It must comply with the Civil Code, Property Registration Decree, and local regulations, and requires notarization. The contract includes detailed property descriptions, payment terms, conditions for title transfer, and remedies for default, making it essential for both residential and commercial property transactions.

What sections should be included in a Contract To Sell Land?

1. Parties: Full legal names and details of the seller and buyer, including their civil status as required by Philippine law

2. Background: Context of the transaction, including brief description of the property and seller's ownership

3. Definitions: Key terms used throughout the contract

4. Property Description: Detailed technical description of the land including lot number, survey number, title details, boundaries, and area

5. Purchase Price: Total consideration and detailed payment terms including down payment and installment schedule

6. Mode of Payment: Specific methods of payment accepted and payment procedures

7. Terms and Conditions of Sale: Core obligations of both parties including conditions for transfer of title

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

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

10. Transfer of Title: Conditions and process for the eventual transfer of title upon full payment

11. Representations and Warranties: Statements of fact and guarantees by both parties

12. Notices: Process for formal communications between parties

13. Governing Law: Specification of Philippine law as governing law

14. Execution: Signature blocks with notarial requirements

What sections are optional to include in a Contract To Sell Land?

1. Property Inspection: Details of buyer's inspection rights and acknowledgment of property condition, used when the buyer hasn't fully inspected the property

2. Existing Tenants: Provisions regarding current occupants or lessees, included if the property has existing tenants

3. Improvements: Description of existing structures or improvements on the land, included if the land is not vacant

4. Environmental Compliance: Environmental warranties and compliance requirements, used for industrial or commercially zoned properties

5. Subdivision Provisions: Additional terms if the land is part of a subdivision development

6. Agricultural Land Reform Provisions: Special provisions if the land falls under agrarian reform laws

7. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

8. Assignment: Rights and restrictions regarding transfer of contract rights, included if assignability is a concern

What schedules should be included in a Contract To Sell Land?

1. Property Details Schedule: Technical description of the land, including certified survey plan and boundaries

2. Payment Schedule: Detailed breakdown of installment payments with due dates

3. Title Documents: Copy of the Transfer Certificate of Title and tax declarations

4. Tax Clearances: Copies of relevant tax clearances and certificates

5. Property Pictures: Recent photographs of the property and its boundaries

6. Special Power of Attorney: If any party is represented by an attorney-in-fact

7. Zoning Certificate: Certificate showing current zoning classification and allowed uses

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

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Real Estate

Property Development

Agriculture

Construction

Banking and Finance

Legal Services

Urban Planning

Land Development

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Land Acquisition

Corporate Affairs

Documentation

Business Development

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Land Developer

Real Estate Agent

Corporate Counsel

Title Examiner

Compliance Officer

Real Estate Director

Land Registration Officer

Property Development Manager

Legal Assistant

Notary Public

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

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