Deed Of Sale With Special Power Of Attorney

Deed Of Sale With Special Power Of Attorney Template for Philippines

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Key Requirements PROMPT example:

"I need a Deed of Sale with Special Power of Attorney for my condominium unit in Manila, as I'm based in Singapore and want to authorize my sister to handle the sale closing scheduled for March 2025; the deed should include specific powers for her to negotiate price adjustments up to 5% of the agreed value."

Document background

The Deed of Sale with Special Power of Attorney is a vital legal instrument in Philippine property law that serves dual purposes: documenting a property sale and authorizing a representative to act on behalf of the seller. This document type is particularly crucial when property owners cannot personally attend to the sale transaction, such as when they are overseas or otherwise indisposed. The document includes detailed property descriptions, sale terms, and specific powers granted to the attorney-in-fact, all governed by Philippine law. It must comply with requirements set forth in the Civil Code of the Philippines, Property Registration Decree, and relevant tax regulations. Commonly used in overseas Filipino worker (OFW) transactions, corporate dealings, and situations requiring delegated authority for property transfers, this document provides a secure and legally recognized method for completing property sales through authorized representatives.

Suggested Sections

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

2. Background: States the context of the sale and the need for the special power of attorney

3. Definitions: Defines key terms used throughout the document

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

5. Purchase Price and Payment Terms: States the agreed purchase price and detailed payment arrangements

6. Representations and Warranties of the Seller: Seller's declarations regarding ownership, authority to sell, and property condition

7. Special Power of Attorney Provisions: Specific powers granted to the attorney-in-fact, including scope and limitations

8. Attorney-in-Fact's Powers and Responsibilities: Detailed enumeration of authorized actions and duties

9. Transfer of Rights and Obligations: Provisions regarding the transfer of property rights and related obligations

10. Taxes and Expenses: Allocation of responsibility for transfer taxes, registration fees, and other expenses

11. Effectivity and Term: When the deed takes effect and duration of the power of attorney

12. Execution: Formal signing requirements and notarization provisions

Optional Sections

1. Mortgage Provisions: Include when the property has existing mortgages or liens that need to be addressed

2. Tenant Provisions: Include when the property has existing tenants or lessees

3. Conditional Sale Provisions: Include when the sale is subject to specific conditions precedent or subsequent

4. Co-Owner Provisions: Include when the property has multiple owners or involves conjugal property

5. Property Development Provisions: Include when the property is under development or has pending construction

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

7. Survivorship Clause: Include when the power of attorney needs to persist beyond death or incapacity

Suggested Schedules

1. Schedule A - Property Details: Technical description of the property, including lot plan, boundaries, and improvements

2. Schedule B - Title Documents: List and copies of relevant title documents and tax declarations

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installment schedule if applicable

4. Schedule D - Required Permits and Clearances: List of necessary government permits and tax clearances

5. Schedule E - Outstanding Obligations: Details of any existing mortgages, liens, or encumbrances

6. Appendix 1 - Property Photos and Plans: Recent photographs and architectural/development plans of the property

7. Appendix 2 - Supporting Documents: Copies of relevant supporting documents including ID's and authorization documents

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Construction

Urban Development

Investment and Asset Management

Property Management

Overseas Employment

Immigration Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Corporate Secretariat

Document Control

Risk Management

Operations

Business Development

Asset Management

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Real Estate Broker

Corporate Secretary

Compliance Officer

Real Estate Developer

Property Administrator

Title Officer

Conveyancing Lawyer

Real Estate Investment Manager

Property Acquisition Specialist

Legal Documentation Specialist

Real Estate Transaction Coordinator

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