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Agreement For Advance Payment For Purchase Of House for Philippines

Agreement For Advance Payment For Purchase Of House Template for Philippines

This document is a legally binding agreement under Philippine law that establishes the terms and conditions for making an advance payment towards the purchase of a house or residential property. It provides comprehensive protection for both the buyer and seller by clearly outlining the payment structure, conditions, and obligations of all parties involved. The agreement incorporates relevant provisions from Philippine real estate laws, including the Civil Code of the Philippines and the Maceda Law, ensuring compliance with local property transaction requirements and consumer protection regulations.

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Agreement For Advance Payment For Purchase Of House

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What is a Agreement For Advance Payment For Purchase Of House?

The Agreement For Advance Payment For Purchase Of House is a crucial document in Philippine real estate transactions where buyers make advance payments before completing the full property purchase. This agreement is particularly important in the Philippine context, where property purchases often involve structured payment arrangements. It serves to protect both parties by clearly documenting the terms of the advance payment, the total purchase price, and the conditions for completing the sale. The document includes essential elements required by Philippine law, such as compliance with the Maceda Law for installment payments and relevant provisions of the Civil Code. It is commonly used in both pre-selling arrangements and existing property purchases, providing security for the buyer's advance payment while ensuring the seller's interests are protected until full payment is received.

What sections should be included in a Agreement For Advance Payment For Purchase Of House?

1. Parties: Identifies and provides complete details of the Seller and Buyer, including their legal names, addresses, and tax identification numbers

2. Background: Explains the context of the agreement, including the Seller's ownership of the property and the Buyer's intention to purchase with advance payment

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Advance Payment', 'Purchase Price', and other relevant terms

4. Property Details: Comprehensive description of the property including exact location, boundaries, title details, and technical description as per land registration

5. Purchase Price: States the total purchase price of the property and payment breakdown

6. Advance Payment Terms: Specifies the amount of advance payment, payment method, and timing of payment

7. Security and Escrow: Details how the advance payment will be secured and handled, including escrow arrangements if applicable

8. Conditions Precedent: Lists conditions that must be met before the agreement becomes effective

9. Seller's Representations and Warranties: Seller's guarantees regarding property ownership, absence of liens, and authority to sell

10. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and compliance with anti-money laundering regulations

11. Completion of Sale: Process and timeline for completing the full purchase after the advance payment

12. Default and Remedies: Consequences and remedies in case either party defaults on their obligations

13. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and designates jurisdiction for disputes

14. Notices: How formal communications between parties should be made and delivered

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Agreement For Advance Payment For Purchase Of House?

1. Broker/Agent Provisions: Include when a real estate broker or agent is involved in the transaction

2. Construction Completion: Include when the property is still under construction or requires completion works

3. Mortgage Provisions: Include when the buyer plans to obtain mortgage financing for the remaining balance

4. Property Inspection: Include when specific inspection requirements or conditions need to be met

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

6. Force Majeure: Include when specific provisions for unforeseen circumstances affecting the transaction are needed

7. Tax Provisions: Include detailed tax arrangements when complex tax considerations apply

8. Assignment Rights: Include when either party may need to assign their rights under the agreement

What schedules should be included in a Agreement For Advance Payment For Purchase Of House?

1. Property Description Schedule: Detailed technical description of the property, including lot plans and boundaries

2. Payment Schedule: Detailed breakdown of payment terms, including advance payment and subsequent payments

3. Title Documents: Copies of relevant property title documents and tax declarations

4. Property Inspection Report: Results of any property inspections or surveys conducted

5. Permits and Certificates: Copies of relevant permits, certificates, and clearances

6. Property Photos: Recent photographs of the property and its relevant features

7. Deed of Absolute Sale Template: Draft of the final deed of sale to be executed upon full payment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Residential Property

Construction

Legal Services

Banking and Finance

Property Development

Property Management

Insurance

Investment

Relevant Teams

Legal

Real Estate

Sales

Compliance

Risk Management

Property Management

Contract Administration

Finance

Customer Relations

Documentation

Relevant Roles

Real Estate Agent

Property Developer

Legal Counsel

Property Manager

Real Estate Broker

Compliance Officer

Sales Manager

Contract Administrator

Real Estate Attorney

Property Consultant

Financial Advisor

Mortgage Specialist

Title Officer

Real Estate Transaction Coordinator

Risk Management Officer

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

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