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This CONTRACT TO SELL, made and executed this ____ day of _________, 20__ by and between:
-AND-
WITNESSETH;
WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER /VENDOR 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 (Amount in words) (Php:
000,000.00) Philippine Currency, and of the covenants herein after set forth
the SELLER/VENDOR agrees to sell and the BUYER/VENDEE agrees to buy the aforesaid
property subject to the following terms and conditions: (Note: Terms and Conditions below
are sample only, please revise)
1. The total consideration shall be One Million (Php: 1,000,000.00) PESOS, Philippine
Currency, payable as follows:
a) The amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, representing
earnest money shall be payable by the BUYER/VENDEE to the SELLER/VENDOR upon
signing of this Contract to Sell;
b) The remaining balance in the amount of SEVEN HUNDRED THOUSAND (Php: 700,000.00)
PESOS, shall be paid in Cash on or before ___________, 20__.
c) In case the check representing the payment for the balance provided in paragraph b hereof,
is dishonored by the drawee bank, the earnest money in the amount of THREE HUNDRED
THOUSAND (Php: 300,000.00) PESOS, shall be forfeited in favor of the SELLER/VENDOR.
2. Capital Gains Tax and Real Estate Tax, shall be for the account of the SELLER/VENDOR;
3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other
miscellaneous fees and expenses shall be to the account of the BUYER/VENDEE;
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this ___ day of
____________, 20__ at _________________________, Philippines.
(SELLER/VENDOR) (BUYER/VENDEE)
Name Name
________________________ _________________________
Name of Seller/Vendor's Spouse Name of Buyer/Vendee's Spouse
__________________________ ____________________________
ACKNOWLEDGMENT
This instrument, consisting of ___ page/s, 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.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place above written.
Notary Public
WHEREAS, at the time of her death, she left as forced heirs, the following and to
wit:
WHEREAS, they are all her legal heirs by reason of the fact that they are all her
legitimate children and who are supposed to inherit by way of intestate succession;
WHEREAS, at the time of her death, she left three (3) parcels of land together
with improvement thereon and more particularly described and bounded as follows:
WHEREAS, in view of the above facts and circumstances, we are therefore co-
owners and to terminate co-ownership over the same, we hereby adjudicate over the same
in pro-indiviso sharing pursuant to Section 1, Rule 74 of the Rules of Court of the
Philippines, subject to the liabilities imposed by Section 4, of the same Rule;
WAIVER OF RIGHTS
That the above-described properties has not yet been registered under Act 496 nor
under the Spanish Mortgage Law and that the herein parties do
hereby agree to register this instrument under the provision of Act3344, as amended.
1. __________________________ 2. ____________________________
BEFORE ME, a Notary Public for and in the City above-stated, this ____day of
__________, 2010 appeared the following persons with their Community Tax Certificate
Nos. and to wit:
and claim to me that they are the very same persons who executed the foregoing
instrument and acknowledge to before me that the same are their free act and voluntary
deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first
above-written.
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 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:
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:
1.3 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;
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.
8. 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.