Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
Contract to Sell
KNOW ALL MEN BY THESE PRESENTS:
This contract to sell made and executed on this ____ day of ____________________,
20____ at Davao City, Philippines by and between:
ANTHROPOS REALTY, INC.,
a corporation duly organized and existing under and by virtue of the laws of the
Republic of the Philippines, with principal office at Malinawon Village, Matina
Aplaya, Davao City, Philippines, hereinafter referred to as (the “SELLER”),
represented by its Director for Operation, ROBERT L. MELENDEZ JR. and
collectively, the FIRST PARTY.
– And –
_____________________________________, of legal age, Filipino citizen, with
address at
_________________________________________________________________
________________________________________, hereinafter referred to as (the
“BUYER”), collectively, the SECOND PARTY.
WITNESSETH:
WHEREAS, the SELLER is the developer of the project, hereinafter referred to as (the
“Property”) located at Barangay Libuak, Babak District, Island Garden City of Samal,
Philippines;
WHEREAS, the BUYER has agreed to purchase from the SELLER, and the SELLER has
agreed to sell to the BUYER, the parcel of the project consisting of a lot with an area of
________ m2, hereinafter referred to as (the “UNIT”), the same is subject to the following terms
and conditions:
I
DESCRIPTION OF THE PROPERTY
UNIT LOCATION: Barangay Libuak, Babak District, Island Garden City of Samal,
Philippines.
DESCRIPTION: Lot No. _____, Block No _____, as shown in the Lot Plan, and covered by
Transfer Certificate of Title No. 142-T-11540 of the Registry of Deeds for Tagum City.
II
PRICE AND PAYMENT
2.1 The selling price for the unit shall be
__________________________________________________________________
__________________ (P_________) (the “Selling Price”), and shall be payable,
as follows:
Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
(1) The sum of _________________________________________________
(P______________) representing thirty (____%) per cent of the Selling Price, has
heretofore been agreed to be paid by the BUYER to the SELLER.
(2) The balance of the Selling Price shall be paid on _____ successive monthly
installments, to be due and payable without necessity of demand on or before
___________________. The monthly installment to be paid by the BUYER to the
SELLER shall be in the amount of _____________________________
_______________________________ (P______________).
2.2 The BUYER shall pay and remit to the SELLER, in addition to the Selling
Price, the transfer of title charges, hereinafter (the “Miscellaneous Charges”) in its
principal office indicated hereto and in accordance with the schedule set forth
herein.
2.3 The SELLER may increase the Selling Price but only in the event an
extraordinary inflation or devaluation of the Philippine Peso supervenes, only to
the extent necessitated by an increase in development and construction costs
resulting from such extraordinary inflation or devaluation. The SELLER shall
notify the BUYER of the increase in Selling Price in due course and fifteen (15)
days from the receipt of the relevant notice, to rescind the contract.
III
TRANSFER OF TITLE
3.1 The SELLER shall execute or cause the execution of a Deed of Absolute Sale in
favor of the BUYER, thereby conveying all its rights, interest and Title to the
Unit, as soon as the following shall have been accomplished:
(1) Payment in full of the Selling Price and the Miscellaneous Charges, as well as of
all advances whatsoever which may have been made by the SELLER for the
account of the BUYER; provided that the BUYER is not in breach or violation of
any provision of this contract.
3.2 The SELLER may, at the request of the BUYER assist the latter in securing the
registration with the proper Registry of Deeds of the Transfer of Title to the Unit
to the name of the BUYER and the release of the corresponding Transfer
Certificate of Title in the name of the BUYER.
3.3 The title, rights and interest to be thus conveyed to the BUYER shall be subject to
the provisions of the Articles of Incorporation and By Laws of ANTHROPOS
REALTY, INC., zoning regulations or such other restrictions on the use of
property as may be imposed by the government and other authorities having
jurisdiction thereon, and such other restrictions and easements of record, and the
BUYER hereby agrees to be bound thereby.
3.4 The documentary stamps tax, transfer tax, registration fees and other expenses
connected with this contract, and the issuance of the corresponding Transfer
Certificate of Title for the Unit shall be for the account of and for, paid by, the
BUYER.
Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
IV
UNIT OCCUPANCY
4.1 If the BUYER is not otherwise in default under any provision of this Contract, the
possession of the Unit shall be delivered by the SELLER to the BUYER within a
reasonable period of time from the date of the completion of the payment, or at
least 85% thereof The SELLER shall deliver to the BUYER at his
abovementioned address or at the principal office the SELLER, his/her copy of
the Deed of Absolute Sale. Whether or not it is the actual date of commencement
of occupancy of the Unit by the BUYER, is for the purposes of this Contract, and
is hereinafter referred to as, “Delivery Date”).
4.2 If the BUYER moves in to the Unit without the corresponding Deed of Sale or at
least 85% of the total selling price thereof having been delivered to him, such
moving-in shall be deem as unconditional acceptance of delivery of the Unit by
the BUYER, and BUYER shall be deemed to have moved-in to the Unit as soon
as he, or any party authorized by him, has commenced the occupancy thereof or
any personal or other belonging therein.
4.3 From and after the Delivery Date, whether or not the Title to/or possession of the
Unit has been transferred to the BUYER, the BUYER in the place of the SELLER
shall observe all the conditions and restrictions, and shall be liable for all risks of
loss or damage to the Unit, charges and fees for utilities and services, taxes and
other obligations and assessments appertaining to the Unit pursuant to the the
Articles of Incorporation and By-Laws of the Homeowners Association.
V
BUYER’S DEFAULT
5.1 Should the BUYER fail for any reason to pay any installment(s) due, together
with any interest thereon as provided in this Contract, the rights and obligations of
the parties shall be, as follows:
A. If the BUYER is in default in any installment due in accordance with Sec.
II hereof such default occurs when less than two (2) years of installments have
been paid, the BUYER shall be entitled to a grace period of sixty (60) days to
make the necessary payment without any penalty, provided, however, that the
BUYER shall avail of such grace period only once during the entire term of the
Contract. Upon failure of the BUYER to update all outstanding installment
within the said grace period, or if he shall have previously availed of such grace
period, upon failure of the BUYER to pay any installment as and when the same
falls due, the SELLER shall have the right, exercisable at its own absolute
discretion: [i] to charge the BUYER a late payment charge at the rate of three
(3%) percent per month, based in the total amount due and payable, computed
from the due date of each installment: and/or [ii] to cancel or rescind this contract,
such cancellation and rescission to take effect thirty (30) days from receipt by the
BUYER of the notice of cancellation or demand for rescission, by a notarial act.
In case of cancellation of this Contract, the total installments paid on the Selling
Price shall be forfeited in favor of the SELLER which shall be considered as
rentals paid for the use and occupation of the aforementioned unit which shall
then be considered as liquidated damages suffered by the failure of the BUYER to
fulfill his or her part of this agreement and the consequent delay suffered by the
Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
SELLER in disposing the said unit. The BUYER hereby renounces his or her
right to demand or reclaim the return of the unit and further obligates himself or
herself to peacefully vacate the premises and shall deliver possession of the unitto
the SELLER without need of further demand.
Furthermore, the BUYER shall also be liable to pay the total amount of interests,
advances and late payment charges due and unpaid to the SELLER, as well as
unpaid taxes, assessments, and association fees due to the Homeowner’s
Association. The SELLER shall have no liability whatsoever to the BUYER in
case of cancellation.
B. If the BUYER fails to pay any installment in accordance with Sec. II
hereof and such default occurs when at least two (2) years of installments have
been paid, the BUYER shall be entitled to a grace period, equivalent to thirty (30)
calendar days for every completed year of installments paid counted from and
after the due date of the unpaid installment, the necessary payment without
penalty, provided however, that the right to avail of such grace period shall be
exercised by the BUYER only once in every five (5) years period of the term of
this Contract. Upon failure of the BUYER to update all the installment due
within such grace period or if the BUYER fails to pay an installment on due
thereof when he has previously availed of the said grace period within the given
years period of the term of this Contract, the SELLER shall have the right,
exercisable at its own absolute discretion. [i] to charge the BUYER a late
payment charge at the rate of three (3%) percent per month, based on the total
amount due and payable, computed from the due date of each installment; and/or
[ii] to cancel or rescind this Contract after thirty (30) days from receipt by the
BUYER of the notice of cancellation or demand for rescission, by notarial act. In
case of cancellation of this Contract, fifty (85%) percent of the total installments
paid shall be forfeited in favor of the SELLER which shall be reduced by an
additional five (5%) percent for every additional completed quarter of
installments, but the amount to be thus forfeited in favor of the SELLER shall not,
in any event, be less than ten (10%) percent of the total installment paid.
Furthermore, the BUYER shall be liable to pay the total amount of interest,
advances and late payment charges due and unpaid to the SELLER as well as
unpaid taxes assessment, and association fees due to the Homeowners
Association. All of which may be deducted by the SELLER from the balance of
the amount paid by the BUYER after deducting the forfeited amount mentioned
above. In case of cancellation, the SELLER shall have no liability whatsoever to
the BUYER, except to return the balance of the installment payments computed in
accordance with the foregoing, without interest.
5.2 Notice to the BUYER mailed at his address as provided hereinabove shall be
considered as sufficient compliance with the above requirements for purposes of
this Contract.
VI
OTHER BREACH BY BUYER
Except from non-payment of installments due which is governed by the
provisions of Sec. V hereof, it is herein expressly agreed that upon violation by
Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
the BUYER of any of the covenants, terms and conditions contained in this
Contract then the SELLER shall have the right without need of legal or court
action to cancel or terminate this Contract upon written notice to the BUYER, and
the SELLER shall be entitled to exercise the rights stipulated in Sec. V hereof
with respect to the forfeiture of installments paid by the BUYER. Additionally,
the BUYER shall be liable to pay the total amount of interests, advances and late
payment charges then due and unpaid to the SELLER, as well as unpaid taxes,
assessments, and association fees due to the Homeowners Association, all of
which may be deducted by the SELLER from the amount to be returned to the
BUYER as aforementioned.
VII
BUYER’S OBLIGATIONS IN CASE OF TERMINATION
7.1 Should this Contract be terminated, cancelled or rescinded in accordance with the
penal provisions hereof, the BUYER shall remove, at his own expense and within
a period of such cancellation or rescission, all fixtures placed or introduced by the
BUYER on the Unit, otherwise the SELLER may, at its own option ad subject to
the provisions of the next succeeding paragraph, cause the removal of the same at
the expense of the BUYER.
7.2 The SELLER is hereby granted possessor lien on all furniture’s and fixtures to be
placed or introduced by the BUYER on the Unit to secure the latter’s obligations
top the SELLER under this Contract. Should this Contract be terminated,
cancelled or rescinded in accordance with the penal provision hereof, and at the
time of such termination, cancellation or rescission there are amounts due and
owing from the BUYER to the SELLER, the SELLER shall have the right to
retain possession of said furniture’s and fixtures until such time as the BUYER
shall have paid said amount in full, and if the BUYER fails or refuses to pay such
amount’s within a reasonable period of time, the SELLER may sell the retained
furniture’s and fixtures and apply the proceeds thereof to the BUYER’s unpaid
obligations.
VIII
OTHER REMEDIES/RELIEFS OF SELLER
It is understood that the obligation of the BUYER under this Contract (whether or
not involving money, remedies or penalties against such BUYER) shall not limit
or exclude any obligation of, remedies or penalties against, the BUYER under the
Articles of Incorporation and By-Laws of the Homeowners Association and
existing laws of the country.
IX
ASSIGNMENTS BY SELLER
The SELLER expressly reserves the right to assign this Contract and all rights or
obligations arising by virtue hereof to any third person without requiring the
consent of the BUYER who shall be notified of the assignment.
Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
X
SELLER’S CONSENT TO TRANSFERS
The BUYER shall not transfer or assign to any third person any rights or
obligations under this Contract except upon notice to, and with the consent in
writing of, the SELLER, it is being understood that this Contract is being
executed on the basis of the personal circumstances and representations of the
BUYER as hereinabove provided. Any sale, assignment or transaction entered
into by the BUYER in violation of this condition may, at the option of the
SELLER, be considered null and void, without prejudices to the right of the
SELLER to consider the BUYER in default under this Contract. The BUYER
further confirms that his obligations under this Contract shall survive the full
payment of the Selling Price and the execution of the Deed of Absolute Sale
referred to in Section III hereof.
XI
GENERAL PROVISIONS
11.1 The BUYER hereby represents that this entire Contract has been read, understood
and accepted by him or his authorized representative(s). This Contract sets forth
the entire agreement between the parties and supersedes any and all prior
understanding and agreements between them. No representation or warranty
relating to the Unit and/or the project shall be binding upon, or enforceable
against the SELLER unless the same is expressly stated or reiterated in this
Contract.
11.2 All payments by the BUYER there under shall be applied in the following order
of priority:
A. Costs and expenses chargeable to the BUYER, including but not limited to,
the miscellaneous charges.
B. Late payment charges on:
1. Past due interest
2. Past due principal
C. Past due interest
D. Past due principal
E. Current Interest
F. Current Principal
11.3 This Contract shall not be considered as changed, modified, altered or in any
manner amended by acts of tolerance of the SELLER, unless such changes,
modifications, alterations or amendments are made in writing and signed by all
parties hereto.
11.4 Addendums of and on any of the terms hereof shall not be effective unless
expressed in writing and duly consented to by all the parties.
11.5 This Contract and the rights and obligations of the parties hereunder shall be
governed by, and construed in accordance with, the laws of the Republic of the
Philippines. The parties hereby irrevocably agree that any legal action or
Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
proceeding arising out or relating to this Contract shall be brought exclusively in
the proper courts of the Republic of the Philippines. By the execution and
delivery of this Contract, the BUYER hereby irrevocably submits, with regard to
any such action or proceeding, for himself and in respect of his properties,
generally and unconditionally and irrevocably, to the jurisdiction of the
aforementioned courts.
11.6 This Contract shall be obligatory and binding upon heirs, successors-in-interest,
administrators and assigns of the parties.
11.7 All notices, letters and/or any communications to the BUYER pertaining to this
Contract shall be sent by personal delivery or by postage prepaid registered mail
to the BUYER’s address as indicated hereinabove. The BUYER undertakes to
promptly inform the SELLER of any changes of address. Any such notice, letter,
or communication shall be deemed to have been duly delivered or given to the
BUYER on the date of receipts if delivered personally, or the date seven (7) days
after posting if transmitted by mail.
11.8 In case the SELLER is compelled to resort to the courts or seek the assistance of
legal counsel to protect itself or seek redress for its grievances, the BUYER shall
be liable to the SELLER for Attorney’s fees equivalent to at least twenty (20%)
percent of the amount of the claim or demand but in no case less than P25,000.00,
in addition to the costs and expenses of litigation, without prejudice to any and all
reliefs or remedies to which the SELLER may be entitled under this Contract, the
law and in equity.
11.9 In case any one or more of the provisions contained herein shall, for any reason,
be held to be invalid, illegal or enforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Contract.
In such event, the parties shall consult as to the manner in which their original
intention can be fulfilled as closely as possible, and they will and this Contract
accordingly.
IN WITNESS WHEREOF, the parties hereto set their hand on these presents on the date and at
the place hereinabove indicated.
ANTHROPOS REALTY, INC.
___________________________ __________________________
SELLER BUYER
CEI _______________________ CEI ______________________
BY: With Marital Consent:
ROBERT L. MELENDEZ JR
Position: President
Date ___________ __________________________
Anthropos Realty, inc.
Malinawon Village, Matina Aplaya, Davao City, Philippines, 8000
SIGNED IN THE PRESENCE OF:
______________________________________ ____________________________________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES
(QUEZON CITY) S.S.
x--------------------x
BEFORE ME, a Notary Public for and in the above jurisdiction personally appeared ROBERT
L. MELENDEZ JR., with Community Tax Certificate No. ________________________, issued
at______________________________________________________, on ______________, and
__________________________________________________, with Community Tax Certificate
No. ______________, issued at _________________________________, on _______________,
foregoing instrument and acknowledged to me that the same is of their own and free will and
voluntarily act and deed as well as that of the corporation herein represented.
WITNESS MY HAND and notarial seal this _____ day of _______________________,
20_____.
NOTARY PUBLIC
DOC. NO. ______
PAGE NO. ______
BOOK NO. ______
SERIES OF 2019