The Purchase And Sale Agreement Commercial (Real Estate) is a crucial legal instrument used in the Philippines for transferring ownership of commercial real estate properties. This document is essential when businesses or individuals seek to purchase or sell commercial properties such as office buildings, retail spaces, industrial facilities, or mixed-use developments. It must comply with various Philippine laws including the Civil Code, Property Registration Decree, and local government regulations. The agreement includes comprehensive details about the property, price, payment terms, conditions, warranties, and closing requirements, while incorporating specific provisions mandated by Philippine real estate and tax laws. This document type is particularly important given the complex nature of commercial real estate transactions in the Philippines and the need to ensure proper documentation for regulatory compliance, tax purposes, and title transfer.
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1. Parties: Identification of the Seller and Purchaser with complete legal names, addresses, and tax identification numbers as required by Philippine law
2. Background: Context of the transaction, including brief description of the property and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including specific Philippine legal and regulatory terms
4. Property Description: Detailed description of the commercial property, including lot number, technical description, and tax declaration number
5. Purchase Price: Statement of the purchase price, payment terms, and method of payment in accordance with Philippine banking regulations
6. Payment Terms: Detailed structure of payments, including deposits, installments, and final payment requirements
7. Conditions Precedent: Conditions that must be satisfied before closing, including regulatory approvals and tax clearances
8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, absence of liens, and compliance with Philippine laws
9. Buyer's Representations and Warranties: Buyer's declarations regarding legal capacity and financial ability to complete the purchase
10. Closing Requirements: Documents and actions required for closing, including notarization requirements
11. Transfer of Title: Process and requirements for transferring title under Philippine property laws
12. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other transaction costs
13. Default and Remedies: Consequences of default and available remedies under Philippine law
14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
15. Execution: Formal signing requirements including notarization as required by Philippine law
1. Due Diligence Period: Used when buyer requires a period to conduct property investigations and title verification
2. Environmental Compliance: Required when property has specific environmental considerations or requirements
3. Tenant Rights and Obligations: Included when property is subject to existing lease agreements
4. Broker Provisions: Required when real estate brokers are involved in the transaction
5. Foreign Ownership Compliance: Required when buyer is a foreign entity, addressing Philippine foreign ownership restrictions
6. Financing Contingency: Used when purchase is contingent on buyer obtaining financing
7. Property Management Transition: Included for properties with ongoing management operations
8. Construction and Development Obligations: Required when property includes incomplete construction or development commitments
9. Condominium Association Provisions: Used for properties within condominium developments
1. Property Details Schedule: Detailed technical description of the property, including boundaries and certificates of title
2. Due Diligence Documents: List of all property-related documents provided for review
3. Permitted Encumbrances: List of accepted liens, easements, or other encumbrances on the property
4. Inventory of Fixtures and Fittings: Detailed list of items included in the sale
5. Tax Certificates: Current real property tax certificates and clearances
6. Environmental Certificates: Environmental compliance certificates and related documents
7. Existing Leases: Details of any existing lease agreements affecting the property
8. Building Permits and Certificates: Copies of all relevant building permits and certificates of occupancy
9. Power of Attorney: If applicable, documents authorizing representatives to act on behalf of parties
10. Payment Schedule: Detailed breakdown of payment terms and schedules
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Finance
Retail
Manufacturing
Hospitality
Healthcare
Technology
Education
Logistics and Warehousing
Professional Services
Construction and Development
Energy and Utilities
Entertainment and Recreation
Food and Beverage
Government and Public Sector
Relevant Teams
Legal
Finance
Real Estate
Operations
Business Development
Compliance
Risk Management
Tax
Facilities Management
Property Management
Corporate Affairs
Investment
Asset Management
Development
Acquisitions
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Corporate Lawyer
Legal Counsel
Business Development Manager
Investment Manager
Facilities Manager
Asset Manager
Real Estate Broker
Commercial Director
Operations Director
Risk Manager
Compliance Officer
Tax Manager
Finance Director
Corporate Secretary
Development Manager
Acquisitions Manager
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