Free Legal Form
Contract to Sell
For selling titled land on instalments. The seller keeps the title until the last payment, then signs a Deed of Absolute Sale. Both of you sign this in front of the notary.
CONTRACT TO SELL
KNOW ALL PERSONS BY THESE PRESENTS:
This Contract to Sell is made and entered into by and between:
seller's full name, age years old, Filipino, civil status, and residing at seller's address, hereinafter called the SELLER;
– and –
buyer's full name, age years old, Filipino, civil status, and residing at buyer's address, hereinafter called the BUYER.
WITNESSETH:
- The SELLER is the registered owner of a parcel of land, lot number and location, with an area of area square meters, covered by title number of the Registry of Deeds, and more particularly described in that title (the "Property");
- The SELLER agrees to sell, and the BUYER agrees to buy, the Property for the total price of amount in words (₱price), Philippine Currency, payable as follows:
- a down payment of amount in words (₱down payment), paid upon the signing of this contract, receipt of which the SELLER acknowledges; and
- the balance of amount in words (₱balance), in number monthly instalments of amount in words (₱monthly instalment) each, due on the day day of each month, the first instalment being due on date;
- Ownership of the Property remains with the SELLER until the full price has been paid. Upon full payment, the SELLER shall execute a Deed of Absolute Sale in favor of the BUYER and deliver the Owner's Duplicate Copy of the title and the other documents needed to transfer the title to the BUYER;
- Until full payment, the SELLER shall not sell, mortgage or otherwise encumber the Property to any other person;
- The BUYER may take possession of the Property when. The BUYER shall not sell or assign rights under this contract without the written consent of the SELLER;
- If the BUYER fails to pay any instalment, the BUYER shall have the rights given by Republic Act No. 6552 (the Realty Installment Buyer Protection Act), and the SELLER may cancel this contract only in the manner and after the notice that law provides;
- The real property taxes on the Property from the date of this contract until full payment shall be paid by the party. On the final sale, the capital gains tax shall be paid by the SELLER, and the documentary stamp tax, transfer tax and registration fees by the BUYER, unless the parties agree otherwise in writing;
- The SELLER warrants that the Property is free from all liens and encumbrances, and that the real property taxes on it have been paid up to the current year.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ____ day of ______________ 20___ at city or municipality, Philippines.
Seller
Buyer
SIGNED IN THE PRESENCE OF:
Witness
Witness
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
city or municipality ) S.S.
BEFORE ME, a Notary Public for and in city or municipality, this ____ day of ______________ 20___, personally appeared:
| Name | Competent Evidence of Identity |
|---|---|
| seller's full name | ID type and number |
| buyer's full name | ID type and number |
known to me and to me known to be the same persons who executed the foregoing Contract to Sell, and who acknowledged to me that the same is their free and voluntary act and deed.
This instrument, consisting of ____ pages including this page on which the acknowledgment is written, refers to the parcel of land covered by title number, and has been signed by the parties and their instrumental witnesses on each and every page.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20___.
Before You Print
- Not legal advice. This is a general form. For your own situation, consult a lawyer, especially if your case is unusual or a lot of money is involved.
- You will sign it before the notary and confirm you signed it freely (this is called an acknowledgment).
- Do not sign it yet. You sign in front of the notary, with a valid government ID.
- People who buy a home or residential lot on instalments are protected by Republic Act No. 6552 (RA 6552), the Maceda Law: extra time to pay (a grace period) for missed payments, a refund of part of what was paid once at least two years of instalments have been paid, and cancellation only after a notarized notice and a waiting period. A contract cannot take these rights away.
- Before paying anything, check the title at the Registry of Deeds and the Tax Declaration at the assessor's office. See the guide Checking land before buying.
- When the price is fully paid, the seller signs a Deed of Absolute Sale, and then the taxes are paid and the title is transferred. See the guide Costs of a Deed of Sale.
- If the seller is a developer selling subdivision lots or condominium units, other rules apply and the project needs a Licence to Sell. Sales with a bank loan or a mortgage on the land need a lawyer.
For the steps around this document, see the guide Checking land before buying.