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CONTRACT TO SELL

KNOW ALL MEN BY THESE PRESENTS:


This Contract to Sell is made and executed and entered into by:

Name of Seller, of legal age, Filipino, single/married to Name of the Spouse of Seller, with residence address
at Postal Address of the Seller in the Phiilppines, hereinafter referred to as the SELLER;

-AND-

Name of Buyer, of legal age, Filipino, single/married to, Name of Spouse of Buyer and with residence
and postal address at Address of the Buyer in the Phiippines, hereinafter referred to as the BUYER;

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located
at Address of the property for sale in the Philippines and covered by Transfer Certificate of Title No.
000000 containing a total area of LAND AREA IN SQUARE METERS (000sqm) SQUARE METERS, more
or less, issued by the Registry of Deeds of City/Municipality;

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned property
under the terms and conditions herein below set forth;

NOW THEREFORE, for and in consideration of the total sum of THE CONTRACT PRICE FOR THE
PROPERTY FOR SALE (P0,000,000.00) Philippine Currency, and of the covenants herein after set forth
the SELLER agrees to sell and the BUYER agree to buy the aforesaid property subject to the following terms
and conditions:

1. The total consideration shall be THE CONTRACT PRICE FOR THE PROPERTY FOR
SALE (P0,000,000.00) Philippine Currency, payable through CASH/MANAGERS’ CHECK/WIRE
TRANSFER as follows:

1.1. The amount of THE EARNEST MONEY DEPOSIT (P000,000.00) representing earnest money deposit
shall be payable upon execution of this Contract to Sell and shall be considered part of the total Contract price.

1.2. The remaining balance amounting to THE REMAINING BALANCE (P0,000,000.00) PESOS Philippine
Currency, shall be payable within TIME FRAME upon execution of this Contract to Sell.
1.3 In case the BUYERS could not fulfil any of their obligation stated in this Contract To Sell, the earnest
money shall be forfeited in favor of the SELLER.

2. Al pending utility bills, if any, Real Estate Tax up to the time of sale, Capital Gains Tax, Documentary
Stamp Tax, shall be for the account of the SELLER.

3. Notarization fees, Registration Fee, Transfer Fees and all miscellaneous fees and expenses to transfer the
certificate of title in the name of the new owner shall be for the account of the SELLER;

4. Possession to the subject property shall be delivered by the SELLER to the BUYER upon full payment
of the total consideration;

5. ADDITIONAL TERMS AND CONDITIONS SUCH AS Delivery of the property shall be given by
the SELLER to the BUYER devoid of any religious artefacts, personal belongings and effects, tenants and
any toxic/radioactive substances. Etc.

6. TERMS AND CONDITIONS MAY VARY ON A CASE-TO-CASE BASIS. CONTRACTING PARTIE


MAY ADD, SUBTRACT, EDIT, ANY OR ALL PARTS OF THIS CONTRACT TO SELL AS THEY SEE
FIT

7. Upon full payment of the total price, the SELLER shall sign and execute a DEED OF ABSOLUTE
SALE in favour of the BUYER. The SELLER shall likewise execute and/or deliver any and all documents,
including but not limited to the original copy of Transfer Certificate of Title, Tax Declaration and all other
documents necessary for the transfer of ownership from SELLER to the BUYER.

7. In case the SELLER could not fulfil any of the obligations stated in this Contract to Sell, the BUYER shall
be entitled to a full refund plus 10% interest per month.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this

_____ day of _______________________ 20________ at ___________________________________,


Philippines.
___________________________________ __________________________________
_

Printed Name and Signature of SELLER Printed Name and Signature of


BUYER

SIGNED IN THE PRESENCE OF:

___________________________________ __________________________________
____

Printed Name and Signature of 1st Witness Printed Name and Signature of
2nd Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ ) SS.
BEFORE ME, a Notary Public for and in
________________________________________________________ personally appeared:

Name ID Number Date/Place Issued

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same are their free act and voluntary deed.
This instrument, consisting of 2 pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and
sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this ______day of


_______________________________20__________ at_____________________________.

Notary Public

Doc. No. ……..;


Page No. …….;
Book No. …….;
Series of 20____.

————————————————————————————————————————————
—————————————————————-

When both parties have fulfilled their Contractual Obligations, that’s when it is said that the Contract is
“Perfected”. In the Contract to Sell, the perfection of the Contract shall climax in the execution of Deed of
Absolute Sale.

In this Document, the SELLER shall transfer the Title to the new owner, the BUYER.

I’d like to emphasize that the Certificate of Title is NOT THE TITLE in itself. The Certificate of title is
merely a certification or evidence of the TITLE. According to law, a TITLE are the legal right and
privileges.
As an analogy, if a medical doctor’s diploma was lost or destroyed, it doesn’t mean that the Physician’s TITLE
is also lost or destroyed. The diploma is just a certification of the doctor’s TITLE and NOT the title itself. The
TITLE of the doctor are his legal rights and privileges that come with his profession.

In the case of sale of Real Property the TITLE that is being transferred upon execution of Deed of Absolute
Sale are the legal rights and privileges to own the property. Again, we are not referring to the Certificate of
title here because obviously, the Certificate of Title would still be in the name of the SELLER and shall be
transferred to the name of the BUYER afterwards by virtue of Deed of Absolute Sale.

Please find below sample form for DEED OF ABSOLUTE SALE.

————————————————————————————————————————————
—————————————————————–

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

Name of Seller, of legal age, Filipino, single/married to Name of the Spouse of Seller, with residence address
at Postal Address of the Seller in the Phiilppines, hereinafter referred to as the SELLER;

-AND-

Name of Buyer, of legal age, Filipino, single/married to, Name of Spouse of Buyer and with residence
and postal address at Address of the Buyer in the Phiippines, hereinafter referred to as the BUYER;

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at ADDRESS
OF THE PROPERTY FOR SALE IN THE PHILIPPINES, and covered by Transfer Certificate of Title
No. 0000 containing a total area of LAND AREA IN SQUARE METERS (000) SQUARE METERS, more or
less, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 0000

“Technical Description of the property found inscribed on the Certificate of Title”

WHEREAS, the BUYER has offered to buy and the SELLERS has agreed to sell the above mentioned
property for the amount of _____________________________________________________ (P
___________________) Philippine Currency;

NOW THEREFORE, for and in consideration of the above-mentioned amount, hand paid by the vendees to the
vendors, the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the
said BUYER, his/her heirs and assigns, the certain parcel of land together with all the improvements found
thereon, free from all liens and encumbrances of whatever nature including real estate taxes as of the date of
this sale.

___________________________________ __________________________________
_

Printed Name and Signature of SELLER Printed Name and Signature of


BUYER

SIGNED IN THE PRESENCE OF:

___________________________________ __________________________________
____

Printed Name and Signature of 1st Witness Printed Name and Signature of
2nd Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ ) SS.
BEFORE ME, a Notary Public for and in
________________________________________________________ personally appeared:

Name ID Number Date/Place Issued

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same are their free act and voluntary deed.

This instrument, consisting of 2 pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and
sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this ______day of


_______________________________20__________ at_____________________________.

Notary Public

Doc. No. ……..;


Page No. …….;
Book No. …….;
Series of 20____.
Read more: http://www.philippinesangeles.com/contract-to-sell-basic-guide-in-buying-philppine-property-
part-4/#ixzz5Lrks01w7

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