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This DEED OF ABSOLUTE SALE, made and executed on this ___ day of
__________, 200__, at ________________________, Philippines, by and between:
- and -
W I T N E S S E T H:
WHEREAS, the VENDOR is the absolute and registered owner in fee simple, of
a parcel of land situated at _______________________________________, Philippines,
covered under Transfer Certificate of Title (TCT) No. __________ of the Registry of
Deeds for ____________________, with a total land area of _____ sq.m., which parcel
of land is more particularly described as follows:
WHEREAS, the VENDOR is willing to sell, assign, transfer and convey unto the
VENDEE, the aforedescribed PROPERTY, and the VENDEE is willing to purchase and
acquire the same from the VENDOR, under the terms and conditions hereinbelow
specified;
NOW THEREFORE, for and in consideration of the foregoing premises and of all
the covenants stated hereinafter, the parties have agreed as follows:
2. The VENDOR agrees that he/she will assume sole and exclusive
responsibility for the payment of the applicable capital gains tax or creditable
withholding tax. The documentary stamp tax shall be for the account of the
________. The VENDOR agrees that the VENDEE shall withhold and/or
deduct the full amount of these taxes from the Purchase Price and that the
VENDEE shall immediately cause the issuance of the corresponding
manager’s checks made payable to the Bureau of Internal Revenue (BIR) and
shall be paid to the BIR within the period provided for in the relevant BIR
regulations. Likewise, the payment of the broker’s commission shall be the
sole responsibility of the VENDOR;
On the other hand, the VENDEE agrees to assume sole and exclusive
responsibility for the payment of all costs and expenses for the transfer of title
to his/her/their name(s) which include, but not limited to, the sale registration
fees, local transfer tax, transfer of title, notarial expenses, documentary
stamps, all Registry of Deeds-related expenses and such other miscellaneous
and incidental costs, expenses, fees and charges that would expedite and
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complete the process of transferring the ownership of and title of the
PROPERTY in the name of the VENDEE;
3. That the PROPERTY is covered by Tax Declaration No. _______ for the
lot and Tax Declaration No. ______ for the residential improvement. All
outstanding property tax arrears that have accrued and will still accrue up to
the end of the (__ quarter / end) of 200__ as determined and computed by the
Treasurer’s Office of __(city/municipality)__ have been paid in full by the
VENDOR and that the corresponding Tax Clearance Certificate has been
obtained and submitted herewith;
4. The VENDOR warrants that the title herein conveyed is free from and
clear of any and all present and future liens and encumbrances, lis pendens,
adverse claims, options and rights of third parties, court actions or suits,
expropriation proceedings and other legal proceedings whatsoever;
The VENDOR further warrants that as of the date of this Deed, there are no
pending, outstanding or unpaid financial obligations/liabilities on the
PROPERTY such as utility bills like electricity, water, telephone, gas, cable
TV, homeowner’s dues and assessments and the like. Any such bills that may
arise in the future covering the period prior to the date of this Deed, shall be
for the account of, and to be paid by, the VENDOR;
5. The VENDOR warrants that he has just, valid and legal title to the
PROPERTY with full power and authority to effect transfer thereof;
6. That the PROPERTY is not covered under or subject to the Urban Reform
Program of the government;
7. Finally, the parties hereto agree to execute any and all further documents
that may be necessary and/or required to carry out the intents and purposes
hereof.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day
and the place first above written.
Marital Consent (if applicable): (add additional names if more than 1 buyer)
____________________________________
________________________________
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ACKNOWLEDGMENT
COMM. TAX
NAME CERT. NO. _ DATE & PLACE ISSUED
known to me and to me known to be the same persons who executed the foregoing
instrument and they acknowledged to me that the same is their free and voluntary act and
deed.
This instrument refers to a Deed of Absolute Sale covering a lot with a residential
improvement and consists of ____ (__) pages including this page where the
Acknowledgment portion is written, signed on each and every page by the herein
VENDOR and VENDEE and their instrumental witnesses.
NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No.____
Series of 200_.
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