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Contract To Sell Bank Financing
Contract To Sell Bank Financing
This CONTRACT TO SELL, made and executed on this 9th day of May 2013, in
San Pedro, Laguna, by and between:
-- and –
WITNESSETH:
WHEREAS, the VENDEE has offered to purchase from the VENDOR and the
VENDOR has agreed to sell to the VENDEE, the Property, 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 agree as follows:
1. Gross purchase price of PESOS: Sixteen Thousand Pesos per square meter
(PhP16,000.00/sq.m.) or SEVEN MILLION FIVE HUNDRED EIGHTY-FOUR
THOUSAND (PhP7,584,000), Philippine Currency (hereinafter, the “Purchase
Price”) on an “As Is” basis;
2. The payment of the applicable capital gains tax or creditable withholding tax
shall be for the account of VENDOR. The documentary stamp tax shall be for the
account of the VENDEE. The brokers‟ commission shall be for VENDOR‟s sole
account and responsibility. On the other hand, the transfer tax, notarial
expenses, and all costs and expenses for the registration of the sale, the transfer
of title and all other Register of Deeds-related costs, fees, charges and expenses
as well as such other miscellaneous and incidental expenses, shall be for
VENDEE‟s account;
b) It was agreed that VENDOR shall not entertain any purchase offers from
other interested buyers during the effectivity of signed Offer To Purchase,
which is forty-five (45) days upon acceptance of such offer or upon issuance
of Letter of Guaranty (LOG) from BDO-Pacita Branch, San Pedro, Laguna,
whichever is earlier, or any mutually agreed extension date;
4. That payment for Capital Gains Tax will be given to the VENDEE by the VENDOR
in the form of Manager‟s Check payable to Philtrust-Almanza Branch FAO BIR
IFO EDWIN I. DEL ROSARIO & MA. TERESA B. DEL ROSARIO;
5. That the VENDOR will be reimbursed for payment of Realty Taxes for the period
of 3rd and 4th Quarters advanced by them to get required Tax Clearance for
2013;
6. That from the date hereof up to the Closing Date, the VENDOR warrants that all
the Property‟s documents and obligations are regularized and updated, which
include but not limited to, the following:
c) Original Receipt of updated payment of all real estate taxes up to the Second
Quarter of the year following the Closing Date;
d) Original Tax Clearance Certificate from the Las Piñas City Treasurer‟s Office;
f) Perform such other things necessary to ensure the smooth and legal transfer
of ownership of the Property to the VENDEE.
7. The VENDOR hereby warrants that they have just, valid and legal right to the
Property;
8. That on Closing Date, the VENDOR agrees and covenants to sell, cede, transfer and
convey the Property to the VENDEE, free from and clear of any liens and
encumbrances, lis pendens, adverse claims, options and rights of third parties,
court actions or suits expropriation proceedings and whatever legal proceedings
whatsoever; and to defend and hold the VENDEE free and harmless from any and
all claims, suits and proceedings questioning the title and ownership of the Property
transferred by the VENDOR;
9. That for purposes of the real property taxes, the Property is covered under the
following Tax Declaration:
10. 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 at the
place first above written.
By:
MARITES A. SURTIDA
(Atty.-In-Fact)
Before me, a Notary Public for and in the City of this day of May
2013 personally appeared:
known to me to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.
This Contract to Sell consists of five (5) pages, including this page in which this
acknowledgement is written, was signed by the parties and two witnesses, and sealed
with by the notary.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at
the City of Makati this th day of May 2013.
NOTARY PUBLIC
DOC. NO.
PAGE NO.
BOOK NO.
Series of 2013.