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Deed Of Absolute Sale With Special Power Of Attorney Template for Philippines

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Key Requirements PROMPT example:

Deed Of Absolute Sale With Special Power Of Attorney

"I need a Deed of Absolute Sale with Special Power of Attorney for my residential property in Manila, as I'm permanently based in Singapore and want to authorize my sister to handle the sale closing scheduled for March 2025; the property is mortgage-free and the buyer is paying in full."

Document background
A Deed of Absolute Sale With Special Power of Attorney is a specialized legal instrument under Philippine law that serves two primary purposes: transferring property ownership and delegating authority to handle the transaction. This document type is particularly useful when property sellers are overseas, physically unable to attend proceedings, or require someone else to handle various aspects of the property transfer process. It must be executed in accordance with Philippine Civil Code requirements and properly notarized. The document is commonly used in both residential and commercial property transactions, containing comprehensive details about the property, sale terms, and specific powers granted to the appointed representative. It streamlines the property transfer process by combining what would otherwise require two separate legal documents into a single instrument.
Suggested Sections

1. Parties: Identifies the Seller (Principal) and Buyer, including their complete names, civil status, citizenship, and addresses as required by Philippine law

2. Background: Establishes the Seller's ownership of the property and intention to sell, and the Buyer's intention to purchase

3. Definitions: Defines key terms used in the deed including Property, Purchase Price, Attorney-in-Fact, and other relevant terms

4. Property Description: Detailed description of the property being sold, including lot number, location, boundaries, and title certificate number

5. Consideration: States the agreed purchase price and payment terms

6. Absolute Sale: Contains the operative words of absolute sale and transfer of ownership

7. Warranties of the Seller: Seller's warranties regarding property ownership, absence of liens, and authority to sell

8. Special Power of Attorney: Specific powers granted to the attorney-in-fact, including authority to execute documents and represent in transactions

9. Acceptance: Attorney-in-fact's acceptance of the appointment and powers granted

10. Effectivity: When the sale and power of attorney become effective

11. Governing Law: Specifies Philippine law as governing law

12. Execution: Formal execution block including notarization requirements

Optional Sections

1. Payment Terms: Detailed section on installment payments or special payment arrangements, used when payment is not made in full at closing

2. Taxes and Expenses: Detailed allocation of transfer taxes and registration expenses, used when there's a specific agreement on cost sharing

3. Possession: Terms for transfer of physical possession, used when possession date differs from sale date

4. Encumbrances: Details of existing liens or encumbrances and their handling, used when property is not free from all liens

5. Conditions Precedent: Specific conditions that must be met before closing, used in complex transactions

6. Revocation: Terms for revoking the power of attorney, used when specific revocation conditions are needed

7. Successors and Assigns: Binding effect on heirs and successors, used in family property transactions

Suggested Schedules

1. Property Details: Technical description of the property, including lot plan, boundaries, and technical specifications

2. Title Documents: Copy of the Transfer Certificate of Title or other ownership documents

3. Tax Declarations: Current real property tax declarations and certificates

4. Payment Schedule: If applicable, detailed schedule of installment payments

5. Identification Documents: Copies of valid government IDs of all parties

6. Authorization Documents: Corporate authorizations or board resolutions if any party is a corporation

7. Tax Clearances: Real property tax clearances and other tax certificates

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




























Clauses

























Relevant Industries

Real Estate

Property Development

Banking & Finance

Legal Services

Construction

Property Management

Investment & Asset Management

Agriculture (for agricultural land)

Industrial & Manufacturing

Retail & Commercial

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Corporate Secretarial

Asset Management

Acquisitions

Business Development

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Corporate Lawyer

Conveyancing Lawyer

Property Developer

Land Manager

Real Estate Broker

Title Officer

Compliance Officer

Property Administrator

Real Estate Transaction Manager

Legal Document Specialist

Real Estate Portfolio Manager

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

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