Deed of Absolute Sale - SNB

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The document is a deed of absolute sale that outlines the terms and conditions for selling a property from a seller to a buyer.

A parcel of land is being sold from a seller to a buyer as outlined in the document text.

The sellers represent that they own the property being sold and have clear title to transfer. The buyers represent that they have the legal capacity to purchase the property. Both parties make warranties about the transaction.

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE made and entered into by and between:

(NAME OF THE SELLER/S), both of legal age, Filipinos, with


residence and postal address at _______________, represented
herein by their Attorney-in-Fact, ______________ and hereinafter
referred to as the “VENDORS”;

-and-

(NAME OF THE BUYER) a corporation duly organized and


existing under the laws of the Philippines, with principal office
located at ________________, represented herein by
____________, hereinafter referred to as the “VENDEE”;

WITNESSETH: That -

WHEREAS, the VENDORS are the absolute owners of a property located at


___________________ consisting a land area of ______________ (____) SQUARE METERS
covered by Transfer Certificate of Title No. _______ (hereinafter referred to as the
“PROPERTY”) issued by the Register of Deeds for _________________, _______________ in
accordance with the Land Registration Act, as amended, more particularly described as follows:

“Transfer Certificate of Title (T.C.T.) No. _______

A parcel of land (Lot _____, of the subdivision plan,


________________________________________________
________________________________________________
________________________________.

WHEREAS, the VENDORS hereby sell, offer for sale, and come to an agreement as to
the selling price of the above-mentioned property as well as to sign, execute and deliver the
necessary documents covering such sale and to receive proceeds of sale in behalf VENDORS
______________. Copy of the Special Power of Attorney in favor of ______________ is attached
herein and made integral parts hereof as Annex “A”;

WHEREAS, the VENDORS have offered to sell and the VENDEE has agreed to
purchase the above-mentioned property for a price of PESOS: ______________________
(PhP________.00);

NOW THEREFORE, for and in consideration of PESOS: _______________________


(PhP_______________.00), the VENDORS have agreed to sell and convey unto the VENDEE
the above-described property subject to the following terms and conditions:

I
PURCHASE & SALE

DEED OF ABSOLUTE SALE


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1.1 In consideration of the payment by the VENDEE of the Purchase Price, and the fulfillment
of the VENDORS warranties and representations as provided for in this Deed, the
VENDORS hereby absolutely sell, transfer and convey to the VENDEE all of the rights,
title and interest in and to the property, and in turn, the VENDEE hereby purchases and
acquires the property from the VENDORS.

1.2 The Purchase Price for the PROPERTY is PESOS: __________________


(PhP______________.00), receipt in full of which is hereby acknowledged by the
VENDORS.

II
TAXES AND TRANSFER FEES

2.1 It is explicitly agreed between the parties to this Deed that all the pertinent taxes and
expenses shall be borne by the VENDORS, including Capital Gain Tax, Documentary
Stamp Tax, Transfer Tax, and any and all taxes which relates to this transaction.

III
DELIVERY OF DOCUMENTS

3.1 Simultaneous with the execution of this Deed, the VENDORS shall deliver and/or cause
the delivery to the VENDEE of the following documents:

3.1.1 Owner’s duplicate copy of Transfer Certificate of Title No. _________ as issued
by the Registry of Deeds for _______________;

3.1.2 Owner’s copy of the tax declaration covering the PROPERTY; and,

3.1.3 Original copy of the real property tax receipts covering the year 2018 and 2019.

3.2 The VENDORS undertake to execute and/or deliver such additional documents as may be
necessary to transfer title of the PROPERTY in the name of the VENDEE.

IV
REPRESENTATIONS & WARRANTIES

4.1 Representations & Warranties of the VENDORS. The VENDORS represent and
warrant to the VENDEE as follows:

4.1.1 The VENDORS are the true and lawful owner of and has good and marketable title
to the PROPERTY.

4.1.2 All documents submitted in connection with this Deed, including the Transfer
Certificate of Title covering the above-described property are genuine, valid and
subsisting.

4.1.3 The VENDORS have no knowledge of any law, ruling, regulation or fact,
attributable to, or in connection with the title to the property or the rights to transfer
the same, which will prevent the VENDEE from acquiring good and marketable

DEED OF ABSOLUTE SALE


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title to the property, free of all warrants, interests, liens, encumbrances, options,
obligations, liabilities, charges or other burden in favor of third parties.

4.1.4 Except as otherwise disclosed to the VENDEE in writing and except for such
easements, liens or restrictions as may be imposed by law or made known to the
VENDEE, the PROPERTY is and shall remain, free and clear of any title defects
and objections, easements, restrictions, liens, mortgages, conditional sales
agreements, covenants, conditions, restrictions, judgments, rights-of-way,
encroachments, claims, charges, security interests or other encumbrances of any
nature whatsoever or any other matters affecting title or use of the PROPERTY.
In case of existing or disclosed encumbrance the same shall be cancelled by the
VENDORS at their own account.

4.1.5 There are no adverse or other parties in possession of or claiming any right of
ownership or possession over the PROPERTY or of any part thereof and no party
has been granted any license, lease, or other right relating to the use or possession
of the PROPERTY.

4.1.6 Except as otherwise disclosed to the VENDEE in writing, the VENDORS are not
and will not be engaged in, or are not and will not be a party to, or are not and will
not be threatened with any action, suit, proceeding or investigation before any court
or administrative body, whether governmental or not, in respect of the
PROPERTY.

4.1.7 VENDOR shall keep the VENDEE in full, peaceful, and quiet possession and
enjoyment of the PROPERTY, free from any and all claims by third persons and
entities as to the ownership of, or right of possession over, the PROPERTY.

4.1.8 VENDOR shall indemnify and hold the VENDEE free and harmless from any
against any and all damages, losses or expenses which may be incurred by the
VENDEE by reason of any claims, demands, suits or actions by any person or
entity with respect to or affecting the PROPERTY.

4.2 Representations & Warranties of the VENDEE. The VENDEE represents and warrants
to the VENDORS as follows:

4.2.1 The VENDEE and any of his representatives has and will have full legal right and
capacity to perform the obligations required under this Deed. This Deed constitutes
and will constitute as a legally binding obligation of the VENDEE, enforceable
against VENDEE in accordance with the terms hereof.

4.2.2 The execution, delivery and performance of this Deed do not and will not (i) violate,
with or without the giving of notice or the passage of time, any provision of law
applicable to the VENDEE; (ii) conflict with, or result in a breach of any provision
of any license, franchise or any other agreement, contract, undertaking or obligation
with respect to or relating to the VENDEE; (iii) result in the creation of any lien,
charge or encumbrance upon any other assets of the VENDEE; and (iv) result in
preventing VENDEE from fulfilling its obligations hereunder.

4.2.3 The VENDEE hereby confirms and acknowledges to have thoroughly inspected
the subject property and that the same is satisfactory and acceptable according to
their standards, specifications and requirements.

DEED OF ABSOLUTE SALE


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4.3 Survival of Representations & Warranties. The covenants, representations and
warranties of the VENDORS and VENDEE under Section 4.1 and Section 4.2 and its
respective sub-paragraphs constitute an essential consideration of this Deed, and shall be
true and correct as of date hereof and shall survive the execution of this Deed.

V
GENERAL PROVISIONS

5.1 Governing Law: This Deed shall be governed by the laws of the Philippines and the proper
courts of the Philippines shall have jurisdiction to hear and decide disputes between the
parties involving or related to this Deed.

5.2 Waiver: The rights of a party will not be prejudiced or restricted by any indulgence or
forbearance extended by another party, and no waiver by a party in respect of any breach
of this Deed will operate as a waiver in respect of any subsequent breach thereof.

5.3 Binding Effect: This Deed shall be valid and binding upon the parties and their respective
assigns and successors-in-interests.

5.4 Venue of Action. In case of litigation arising from or in connection with this Deed, the
venue of action shall be in the proper Regional or Municipal Trial Court of Puerto Princesa
City only.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date
and at the place first above-mentioned.

_________________
(Vendors)

By: By:

____________________ ____________________
(Vendee)

____________________

SIGNED IN THE PRESENCE OF:

_______________________________ ____________________________

DEED OF ABSOLUTE SALE


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ACKNOWLEDGMENT

Republic of the Philippines)


______________________) S.S.

BEFORE ME, a Notary Public for ________________, on ________________,


personally appeared the following persons, to wit:

Name Government Issued ID Date/Place of Issue


No.

known to me and to me known to be the same persons who executed the foregoing DEED OF
ABSOLUTE SALE consisting of five (5) pages, including the page where this Acknowledgment
is written, and which they acknowledged to me that the same is their free and voluntary act
and deed.

WITNESS MY HAND AND SEAL on the date and place first above-written.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2019.

DEED OF ABSOLUTE SALE


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