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Deed Of Sale With Waiver Of Rights
"I need a Deed of Sale with Waiver of Rights for transferring my ancestral family home in Cebu to my eldest son, where I and my other children will waive all future claims and rights to the property, with the transfer to be completed by March 2025."
1. Parties: Identifies and provides complete details of the Seller and Buyer, including their civil status, citizenship, and addresses
2. Background: Establishes the Seller's ownership of the property and context for the sale and waiver
3. Definitions: Defines key terms used throughout the deed, including 'Property', 'Rights', and 'Consideration'
4. Property Description: Detailed technical description of the property being sold, including boundaries, title details, and improvements
5. Consideration: States the agreed purchase price and payment terms
6. Waiver of Rights: Explicit declaration of rights being waived by the Seller, with specific details of each right being relinquished
7. Representations and Warranties: Seller's declarations regarding property ownership, absence of liens, and authority to sell
8. Transfer of Title and Possession: Provisions for the actual transfer of ownership and physical possession
9. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other transaction costs
10. Acknowledgment: Parties' confirmation of understanding the deed's contents and implications
11. Execution: Formal signing section with notarial acknowledgment
1. Survivorship Agreement: Required when the buyer is a married couple and they want to include provisions for property succession
2. Prior Encumbrances: Needed if there are existing liens or encumbrances that need to be disclosed
3. Payment Terms: Required when the payment is not made in full at signing but involves installments or specific conditions
4. Power of Attorney: Needed when either party is acting through an attorney-in-fact
5. Consent of Spouse: Required when the seller is married and the property is conjugal
6. Special Powers: Include when additional authorizations are needed for specific actions related to the transfer
1. Schedule A - Property Details: Technical description of the property, including lot plan, boundaries, and title information
2. Schedule B - Rights Being Waived: Detailed enumeration of specific rights being waived by the seller
3. Schedule C - Payment Schedule: If applicable, detailed breakdown of payment terms and conditions
4. Appendix 1 - Title Documents: Copies of relevant property title and tax declaration
5. Appendix 2 - Authority Documents: Copies of authorization documents, such as board resolutions or special powers of attorney
6. Appendix 3 - Tax Certificates: Copies of tax clearances and certificates required for the transfer
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Investment and Asset Management
Agriculture (for agricultural land)
Commercial Property
Residential Property
Industrial Property
Legal
Real Estate
Property Management
Compliance
Corporate Secretariat
Documentation
Asset Management
Risk Management
Land Registration
Conveyancing
Real Estate Lawyer
Property Manager
Legal Counsel
Corporate Secretary
Real Estate Broker
Property Developer
Land Registration Officer
Conveyancing Lawyer
Title Examiner
Compliance Officer
Real Estate Transaction Manager
Asset Manager
Property Rights Specialist
Legal Documentation Officer
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