Free Legal Form
Special Power of Attorney to Sell Land
To let someone sell one specific titled lot for you, at a price no lower than you set, and handle the papers until the title moves to the buyer.
SPECIAL POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
I, principal's full name, age years old, Filipino, civil status, and residing at principal's address, do hereby name, constitute and appoint attorney-in-fact's full name, age years old, Filipino, and residing at attorney-in-fact's address, to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following specific acts with respect to the parcel of land, lot number and location, with an area of area square meters, covered by title number of the Registry of Deeds (the PROPERTY):
- To offer the PROPERTY for sale, to negotiate with buyers, and to sell it absolutely to any buyer at a price of not less than amount in words (₱minimum price), Philippine Currency, payable terms of payment;
- To sign, execute and deliver the Deed of Absolute Sale and any other document needed for the sale, and to acknowledge them before a notary public;
- To receive the purchase price and issue receipts for it;
- To file the returns for, pay or see to the payment of the taxes due on the sale at the Bureau of Internal Revenue, and to secure the Electronic Certificate Authorizing Registration (eCAR);
- To pay or see to the payment of the transfer tax and obtain clearances from the city or municipal government, and to have the Tax Declaration transferred at the Assessor's Office;
- To register the Deed of Sale with the Registry of Deeds, surrender the Owner's Duplicate of the title, and do everything needed for the issuance of a new title in the name of the buyer;
- To sign, receive and deliver all papers, and to appear before any government office, in connection with the foregoing.
HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority to do and perform every act necessary to carry out the foregoing, as fully as I could do if personally present, and hereby ratifying and confirming all that my attorney-in-fact shall lawfully do by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ______________ 20___ at city or municipality, Philippines.
Principal
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 |
|---|---|
| principal's full name | ID type and number |
known to me and to me known to be the same person who executed the foregoing Special Power of Attorney, and who acknowledged to me that the same is the principal's 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 principal and the 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.
- The Civil Code needs a Special Power of Attorney (SPA) to sell land. If someone sells land for you without written authority, the sale is void. Describe the lot exactly as the title does.
- If the land belongs to you and your spouse together, your spouse should sign too, to consent.
- If you are abroad, sign before a Philippine embassy or consulate, or before a local notary and then get an apostille, so it can be used here.
- Buyers, banks and the Registry of Deeds may ask for the original SPA, and some will not accept an old one. Have a lawyer look at it if a lot of money is involved.
For the steps around this document, see the guide Special Power of Attorney.