CONTRACT TO SELL - Condominium
CONTRACT TO SELL - Condominium
CONTRACT TO SELL - Condominium
B. The unit sold herein is being sold at the lump sum price hereunder
stipulated, and any discrepancy within ten percent (10%) on the area
in the CONTRACT or in the brochures and/or price list for the project as
against the area of the unit upon approval of the plans and specifications
by HLURB or when completed shall not serve to increase or decrease
the lump sum price herein stipulated.
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C. The unit herein purchased shall be used exclusively for residential
and cannot be converted to any other purpose without amending the
Master Deed and the Declaration of Restrictions for the condominium
project.
D. The unit shall be turned over, finished but unfurnished. Any furniture,
equipment, or accessories appearing on the plans are for illustrations
purposes only and are not included in the sale. If the BUYER effects
changes on the standard finishing of the said unit, a cash bond of 30%
of the total renovated the cost will be required to ensure the strict
compliance of the BUYER with the SELLER’S Rules and Regulations.
The said bond will be returned to the BUYER upon completion of
furnishing works minus any penalties or charges that may have accrued
against the BUYER.
E. The BUYER has examined the unit thereon, including the plans and
specifications for the condominium project prepared by the SELLER to
their satisfaction and the complete plan of which is available at the
Municipal Engineers, Housing and Land Use Regulatory Board (HLURB)
and Developers Offices and are made integral parts hereof. The BUYER
should report within ten (10) days from turn-over of said unit any
defects for proper remedy, repair, or assistance from the SELLER;
otherwise, failure to do so shall be deemed as unqualified and
unconditional acceptance of the unit and shall constitute a bar for future
complaint or action.
F. At the request of the BUYER, the SELLER may but is not obliged to
make such modification on the plans and specifications of the unit herein
purchased, provided such modification will not violate any of the
proposed restrictions under the MASTER DEED, will not alter the general
concept and scheme of the PROJECT and will not substantially interfere
with or diminish the practical enjoyment and use by other unit owner/s
or purchaser/s of their units or the common areas. The BUYER shall pay
only for any additional costs incurred by the SELLER. Furthermore, the
period for completion and delivery of the unit herein purchased shall be
extended by an additional period necessary to carry out such
modifications.
G. The BUYER hereby consents to any modification/s on any common
area or on other unit/s of the PROJECTS, which the SELLER may agree
to with any other buyer/s of unit/s in the PROJECTS or may otherwise
approve or authorize upon BUYER’S request, provided such
modifications comply with the conditions stated in the immediately
preceding paragraph.
2. PURCHASE PRICE AND TERMS OF PAYMENT
A. The lump-sum purchase price of the unit subject to the CONTRACT is
ONE MILLION FIVE HUNDRED SEVENTY-FIVE THOUSAND TWO
HUNDRED (1,575,200) Philippine Currency exclusive of interest and
shall be paid as follows:
i. For CASH, BUYER shall make an integral part of this CONTRACT as
per attached Intent to BUY.
ii. For DEFERRED CASH BUYER shall, As per attached Intent to Buy,
duly signed by both parties, and made an integral part of this
CONTRACT.
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iii. SELLER shall, at its options, require during the life of this Contract
that the aforesaid obligation, or options thereof, be evidenced by post-
dated checks to be issued by the BUYER to the SELLER.
iv. All payments shall be made on or before their respective due dates
without the necessity of any demand; therefore, failure to make any
such payments on time shall entitle the SELLER to charge the proper
interest based on the purchased price thereon at two (2) percent per
month without prejudice to other remedies available to SELLER.
3. TITLE AND OWNERSHIP OF THE UNIT
A. The SELLER shall execute a DEED OF ABSOLUTE SALE conveying to
the BUYER the absolute ownership, title, right, and interest to the
subject unit upon fulfillment of the following obligations:
i. Payment of the purchase price balance and all interest and
penalties that may have accrued thereto.
ii. All other obligations such as three (3) months of condominium
dues, electric and water deposits, documentation fees, etc.,
should be paid by the BUYER to the SELLER as miscellaneous
expenses on the first year or before move-in, whichever comes
first.
iii. The BUYER shall have the right to occupy the unit herein
purchased upon payment to ONE HUNDRED PERCENT (100%) of
the purchase price and / or the issuance of the corresponding
post-dated checks covering the remainder of the Contract price.
B. The title, right, and interest so conveyed shall be subject to the
provisions of the Condominium Act, the Master Deed, the Articles of
Incorporation and By-Laws of the Condominium Corporation, zoning
regulations, or such other restrictions on the use of the property as may
be imposed by the government and other authorities having jurisdiction
thereon and such other restriction and easement of record and the
BUYER hereby agrees to be bound thereby.
C. The documentary stamp, registration fee, tax on real property
transfer, and other necessary expenses connected with the execution
and the registration of Deed of Absolute Sale, as well as the transfer
and issuance of the corresponding Condominium Certificate of title, if
any, shall be for the account of the BUYER. Capital Gains Tax will be
shoulder by the SELLER.
4. Construction Schedule - The units herein purchased shall be completed on
or about 31 December 2022. Should the SELLER be delayed in the
construction or completion of unit(s) herein purchased, the SELLER shall be
allowed additional time to finish the construction required. In the event of
delays due to fire, earthquake, storms, floods, and any other element, acts of
GOD, war, civil disturbances, government insurrections, coup d etat, riots,
strikes, and economic controls, among others, making it impossible or difficult
to obtain the necessary materials, and other causes and conditions beyond
the control of the SELLER, which render the completion of the PROJECT within
the stipulated period impossible, then the SELLER may consider itself relieved
from any obligations under the Contract, provided that should any such
amount received by the SELLER have been released to the BUYER, lending
bank or financial institution mentioned in paragraph 2.A.iii. Above, such
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corresponding amount shall be refunded by the SELLER to the BUYER, bank,
or financial institution concerned.
5. DELIVERY ---- Upon completing the Unit(s), the SELLER shall notify the
BUYER in writing. The delivery of such notice shall mean acceptance of the
unit. Immediately thereafter, the risk of loss or damage shall be for the
BUYER’s account.
6. ASSESSMENTS AND EXPENSES
A. Real estate taxes for the year during which the unit is delivered to
the BUYER shall be pro-rated between the SELLER and the BUYER.
The latter will be liable only for his pro-date share of the taxes
corresponding to the period from delivery to the end of the year. Real
estate tax and assessment not remitted or paid on the due date shall
bear a penalty of 2% per month or a fraction of a month.
B. The SELLER is hereby authorized to procure insurance on the
condominium projects as it may deem necessary for the building. The
premium for such insurance coverage shall be assessed against all unit
purchasers in accordance with the By-Laws of the Condominium
Corporation to be organized, the Master Deed, and/or rules and
regulations that the SELLER may adopt.
C. Association dues, which shall include expenses for maintenance of
generators, pump/tanks, elevator, transformers, and other similar
items, electrical and water consumption, security, condominium
administration, messengerial and janitorial, and collection/ legal/
accounting services/insurance and the like shall be due and payable
every 5th day of the month without the need of any notice of demand.
Association dues not remitted or paid on due dates shall bear a penalty
of 2% per month or a fraction, therefore. Association dues begin to be
paid by the BUYER upon possession of the unit(s) or the unit’s turnover
to the BUYER. If the BUYER or his authorized representative
unreasonably refuses to accept the turnover, the association dues start
to accrue upon notice of the turnover.
7. DEFAULT
A. All payments shall be made on or before their respective due dates
without the prior necessity of any demand; therefore, failure to make
any such payment on time shall entitle the SELLER to charge a penalty
plus interest of 2% per month with a fraction counted as one month,
without prejudice to other remedies available to SELLER.
B. If the BUYER fails to pay the installments due, together with the
penalty, interest, taxes, and assessments, thereon if any, as provided
for in this Contract, then without the need to resort to judicial action,
this Contract shall automatically be considered Null and Void (30) days
after service by the SELLER to the BUYER of the notarized NOTICE OF
CANCELLATION. In which event, any and all of the sums of money paid
under this Contract, together with all the rights and interest to all the
improvements made on the premises, shall be considered liquidated
damages and forfeited for the SELLER's account. The BUYER may,
however, remove at his own expense all furniture and appliances placed
or introduced by him (but not fixtures where removal will cause damage
to the Unit) in the purchased; otherwise, the same shall form part of
and be considered attached to the unit and shall become the property
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of the SELLER without any obligation on the part of the latter to
indemnify the BUYER for the cost or value thereof. The sending of such
notarized NOTICE OF CANCELLATION by registered mail to the BUYER’S
above address shall be deemed sufficient service for the purpose
irrespective of whether or not the BUYER received it.
C. In case of cancellation of this Contract for non-payment in accordance
with section 7. B hereof, the SELLER is entitled to take immediate
possession of the unit together with the improvements thereon, and
should the BUYER be in possession thereof, the BUYER shall become a
mere intrude or unlawful detainer of the same, without any further right,
title or interest, claims of any kind and character to said unit
improvements thereon to any other person in the same manner as if
this Contract had never executed or entered into.
D. Should the BUYER default in the performance of any terms and
conditions of the CONTRACT, the SELLER shall be entitled to any of the
following alternatives: (i) consider the Contract as null and void and
without effect, (ii) retain a reasonable amount to defray cost of expenses
from the advances made, (iii) fulfillment of the Contract.
E. Should, the SELLER, be forced to resort to the courts to protect its
right and to seek readiness for its grievances under this CONTRACT, the
BUYER shall pay the SELLER by way of attorney’s fees a sum
equivalent to Twenty Five (25%) percent of the amount involved but in
no case less than FIVE THOUSAND (5,000.00) PESOS if with Regional
Trial Courts, or THIRTY THOUSAND (P30,000.00) PESOS if either with
the Court of Appeals or the Supreme Court and in addition, the costs
and expenses of litigation and the damages, actual or consequential to
which the SELLER may be entitled by law. The attorney’s fees herein
provided should be independent of the liquidated damages hereinabove
provided in this Contract. Furthermore, nothing in this paragraph shall
be construed as amending the automatic cancellation hereinabove
provided.
8. ASSIGNMENT
A. By mere notice to the BUYER and without the necessity of BUYER’S
consent, the SELLER has the right to sell, assign, or transfer to one or
more purchasers, assignees, or transferees, absolutely or conditionally,
its rights and interest under the CONTRACT, the promissory notes to be
issued pursuant hereto, and/or the unit provided, that such purchase,
assignee or transferee expressly binds himself to honor the terms and
conditions of the CONTRACT concerning the BUYER herein.
B. The BUYER cannot sell, cede, encumber, transfer assign, or in any
other manner dispose of his/her/its rights and obligations under this
CONTRACT without the prior written consent of the SELLER or its assign
hereto, except;
C. When the Contract price has been fully paid and provided that if there
are taxes due as a result of the transfer, such taxes shall be for the
BUYER’s account; or D. When during the grace period provided for
Section 7. A the BUYER sells or assigns his her rights & interest over
the subject unit to another person or entity before the actual
cancellation of the CONTRACT.
9. EFFECTIVITY
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This CONTRACT TO SELL shall take effect six (6) months from its due
execution thereof.
ACKNOWLEDGEMENT
Republic of the Philippines)
Quezon City
BEFORE ME, a notary public for and in Quezon City personally appeared:
Known to me and known to be the same persons who executed the foregoing
instrument, acknowledged to me that the same is their free and voluntary act
and deed in the capacity in which they appeared.
This document refers to the CONTRACT TO SELL of a condominium unit
consisting of six (6) pages, including this page where the acknowledgment is
written and signed by the parties and their instrumental witness on all the
copies of each and every page sealed with my notarial seal.
WITNESS MY HAND AND SEAL on the date and place hereinafter mentioned.
Doc. No.:
Page No.:
Book No.:
Series of 2022.
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