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Contract To Sell: Know All Men by These Presents
Contract To Sell: Know All Men by These Presents
Contract To Sell: Know All Men by These Presents
-and-
WITNESSETH: That --
WHEREAS, the VENDOR is true and absolute owner of a parcel of land located
at ________________________ with an area of _______________ (__) sqm and
covered by Transfer Certificate of Title (TCT) No. _______________ of the Registry of
Deeds of _____________ (the” Property”) and Tax Declaration No.
________________. A copy of the said Tax Declaration and TCT is attached to this
Contract as Annexes “A” and “B”, respectively, and made an integral part hereof.
WHEREAS, the VENDOR offers to sell the Property to the VENDEE and the
VENDEE hereby agrees to purchase the same.
1. Purchase Price. The total consideration (the “Purchase Price”) for the
Property is One Million Eight Hundred Thousand Pesos (₱1,800,000.00),
Philippine currency.
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The VENDOR upon receipt of payment from VENDEE or upon encashment
or clearing of the check in case check was paid, shall issue a corresponding
receipt for the same.
Possession
3. Upon full payment of the Purchase Price, the VENDOR shall execute a Deed
of Absolute Sale over the Property in favor of the VENDEE conveying all the
rights, title to and interest in the Property, free from all liens and
encumbrances.
4. Upon the execution of the Deed of Absolute Sale, the VENDEE shall be
entitled to the sole possession of the Property.
5. Payment of capital gains tax shall for the account of the VENDOR.
Default
8. In case of default by the VENDEE, the VENDEE shall be liable for a penalty
at the rate of two percent (2%) of the Purchase Price.
9. There is default:
a. When the VENDEE fails to pay any of the amount due within the period
set forth in Section 1 hereof;
b. When the VENDEE cancels or terminates this Contract without the written
conformity of the VENDOR;
d. When the VENDEE concealed any material fact relative to the execution
of this Contract.
Warranties
10. The VENDOR hereby represents and warrants that: (a) it has absolute right
and title to sell and transfer the Property to the VENDEE; and (b) the Property
is free from all liens and encumbrances. In case of any dispute over the title
to or ownership over the Property, the VENDOR shall defend the VENDEE’s
title thereto and peaceful possession thereof at their own exclusive expense
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and shall render the VENDEE free and harmless from any claims of any third
party, whomsoever.
11. The VENDEE warrants that he has the financial capability to pay the
Purchase Price as stated in the schedule.
12. Both parties warrant that they will faithfully comply with all their respective
obligations duties and warranties as set forth in this Contract.
Miscellaneous provisions
13. The parties acknowledge and agree that this Contract represents the entire
agreement between them. No modification of this Contract shall be valid
without the written consent of both parties.
14. This Contract binds and inures to the benefit of the heirs, assigns,
successors-in-interest of both parties.
16. The failure of either party to insist upon a strict performance of any of the
terms, conditions and covenants hereof shall not be deemed as
relinquishment or waiver of any rights or remedy that a party may have, nor
shall it be construed as a waiver of a subsequent breach or default of the
terms, conditions and covenants hereof, which terms and conditions and
covenants shall continue to be in full force and effect. No waiver by either
party of any rights under this Contract shall be deemed to have been made
unless expressed in writing and signed by a party. Acceptance by the
VENDOR of any payment made in a manner or at any time other than as
herein provided shall not be construed as a variation, novation or waiver of
the terms hereof.
17. All actions or lawsuits arising out of or in connection with this Agreement shall
be tried in the proper court of __________________ to the exclusion of other
venues.
18. In case one or more of the provisions contained in this Contract shall be
declared invalid, illegal or unenforceable in any respect by competent
authority, the validity, legality and enforceability of the remaining provisions
contained herein shall not in any way be affected or impaired thereby.
IN WITNESS WHEREOF, the parties have hereunto set their hands this on the
day and place first above written.
________________________ ________________________
VENDOR VENDEE
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With Marital Consent: With Marital Consent:
________________________ ________________________
[Name of VENDOR’s Spouse] [Name of VENDEE’s Spouse]
________________________ ________________________
ACKNOWLEDGMENT
all known to me and to me known to be the same persons who executed the foregoing
Contract To Sell and acknowledged before me that the same is their voluntary act and
deed.
WITNESS MY HAND AND OFFICIAL SEAL on the date and place above-
written.