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Real Estate Earnest Money Agreement Template for Philippines

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Key Requirements PROMPT example:

Real Estate Earnest Money Agreement

"I need a Real Estate Earnest Money Agreement for the purchase of a commercial property in Manila's business district, with a 90-day due diligence period starting March 1, 2025, and including specific provisions for tenant obligations and property management during the transition period."

Document background
The Real Estate Earnest Money Agreement is a fundamental document in Philippine property transactions, serving as the initial formal commitment between buyer and seller. This document type is typically used when a potential buyer wishes to secure their interest in a property by providing a deposit (earnest money) while conducting due diligence and arranging financing. The agreement details the property specifications, purchase price, earnest money amount, and conditions under which the deposit may be refunded or forfeited. Under Philippine law, this agreement must comply with the Civil Code requirements for contracts and specific real estate regulations. It provides essential protections for both parties by clearly defining their rights and obligations during the period between the initial agreement and the final sale. The document is particularly important in the Philippine context where real estate transactions often involve multiple stages and extended completion timeframes.
Suggested Sections

1. Parties: Identifies and provides complete details of the buyer and seller, including their legal capacity to enter into the agreement

2. Background: Establishes the context of the transaction and the parties' intention to enter into a real estate purchase agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Property Description: Detailed description of the real estate property, including its location, boundaries, and certificate of title number

5. Earnest Money Terms: Specifies the amount of earnest money, payment terms, and where it will be held

6. Purchase Price: States the total purchase price and payment terms for the property

7. Due Diligence Period: Specifies the timeframe and terms for the buyer to conduct property investigation and title search

8. Closing Terms: Details the closing process, including timeline and requirements

9. Default and Remedies: Outlines what constitutes default by either party and the corresponding remedies

10. Notices: Specifies how and where formal notices between parties should be delivered

11. Governing Law: Confirms that Philippine law governs the agreement and specifies jurisdiction for disputes

12. Execution: Formal signing section with spaces for signatures, witnesses, and notarization

Optional Sections

1. Broker Representation: Required when real estate brokers are involved in the transaction, specifying their roles and commissions

2. Contingencies: Added when the agreement is subject to specific conditions such as mortgage financing or sale of buyer's existing property

3. Property Inspection: Detailed terms for property inspection when the buyer requires specific inspection rights beyond standard due diligence

4. Existing Tenancies: Required when the property has current tenants, addressing their rights and the handling of existing leases

5. Homeowners Association: Needed when the property is part of a subdivision or condominium with an association

6. Foreign Ownership Compliance: Required when the buyer is a foreign national, addressing compliance with Philippine foreign ownership restrictions

7. Tax Certificates: Optional section detailing requirements for tax clearances and certificates when specifically negotiated

8. Property Insurance: Added when specific insurance requirements are negotiated as part of the agreement

Suggested Schedules

1. Schedule A - Property Details: Detailed technical description of the property, including lot area, boundaries, and technical descriptions from the title

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms and schedules, including earnest money and balance payment structures

3. Schedule C - Due Diligence Documents: List of required documents to be provided by the seller during the due diligence period

4. Schedule D - Permitted Encumbrances: List of accepted liens, encumbrances, or restrictions on the property

5. Appendix 1 - Property Photos: Recent photographs of the property and its major features

6. Appendix 2 - Title Documents: Copies of the certificate of title and other relevant property documents

7. Appendix 3 - Tax Declarations: Current tax declarations and receipts for the property

8. Appendix 4 - Property Survey: Recent survey plan or plot plan of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 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

Construction

Banking and Finance

Legal Services

Property Management

Investment Management

Real Estate Investment Trusts (REITs)

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Business Development

Investment

Operations

Risk Management

Document Management

Relevant Roles

Real Estate Agent

Property Developer

Real Estate Broker

Property Manager

Legal Counsel

Corporate Lawyer

Real Estate Manager

Investment Manager

Property Acquisition Manager

Real Estate Director

Compliance Officer

Transaction Manager

Real Estate Partner

Property Sales Executive

Real Estate Associate

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

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