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Deed Of Sale Transfer Of Rights Ownership And Obligations
"I need a Deed of Sale Transfer of Rights Ownership and Obligations for my commercial property in Manila's Makati district, to be transferred to ABC Corporation by March 2025, with specific provisions for the existing mortgage that the buyer will assume."
1. Parties: Identification of the Seller and Buyer with complete names, civil status, citizenship, and addresses as required by Philippine law
2. Background: Recitals establishing the Seller's ownership, property background, and intention to sell
3. Definitions: Key terms used throughout the deed, including Property, Rights, Obligations, and other relevant definitions
4. Property Description: Detailed description of the property being sold, including lot number, title details, boundaries, and technical description as per land title
5. Consideration: Purchase price, payment terms, and acknowledgment of receipt
6. Transfer of Ownership: Express provision transferring all rights, title, and interest from Seller to Buyer
7. Seller's Representations and Warranties: Warranties regarding ownership, absence of liens, authority to sell, and property condition
8. Transfer of Obligations: Specification of any existing obligations being transferred to the Buyer
9. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other transaction costs
10. Delivery and Possession: Terms for physical possession transfer and delivery of relevant documents
11. Governing Law: Specification of Philippine law as governing law
12. Execution: Formal execution clause meeting Philippine notarial requirements
1. Mortgages and Encumbrances: Required if there are existing mortgages or encumbrances being assumed by the Buyer
2. Consent of Spouse: Required if the Seller is married, per Philippine family code requirements
3. Special Power of Attorney: Required if either party is acting through an attorney-in-fact
4. Broker's Commission: Required if a broker was involved in the transaction
5. Existing Tenancies: Required if the property has existing tenants or lease agreements
6. Environmental Matters: Required for properties with environmental compliance requirements
7. Subdivision Restrictions: Required for properties within subdivisions or planned developments
1. Schedule 1 - Property Documents: List of all title documents, tax declarations, and property certificates
2. Schedule 2 - Technical Description: Detailed technical description of the property as per survey and title
3. Schedule 3 - Payment Schedule: If payment is in installments, detailed payment terms and dates
4. Schedule 4 - Existing Contracts: List of contracts, leases, or agreements affecting the property
5. Schedule 5 - Outstanding Obligations: Detailed list of obligations being transferred to the Buyer
6. Appendix A - Property Photos: Recent photographs of the property
7. Appendix B - Tax Certificates: Current real property tax certificates and clearances
8. Appendix C - Special Powers of Attorney: If applicable, POAs for representatives of either party
Authors
Real Estate
Banking and Finance
Construction
Agriculture
Commercial Property
Industrial
Residential Property
Retail
Hospitality
Manufacturing
Energy and Resources
Infrastructure
Legal
Real Estate
Compliance
Corporate Secretarial
Property Management
Asset Management
Operations
Finance
Risk Management
Documentation
Real Estate Lawyer
Property Manager
Corporate Lawyer
Legal Counsel
Real Estate Broker
Compliance Officer
Title Officer
Property Developer
Real Estate Manager
Asset Manager
Corporate Secretary
Transaction Manager
Due Diligence Officer
Legal Assistant
Conveyancing Lawyer
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