CONTRACT
TO SELL
(Inhouse
Financing by Installment w/ or w/o Downpayment)
Know
all men by these presents:
This
Contract to Sell, hereinafter referred to as the Contract,
executed and entered into on this ninth
(9th)
day of August
2012
at Coron, Palawan, Philippines, by and between:
Spouses
Jesus and Maria , both Filipinos of legal age, with residence and
postal address at Sitio Alakak, Barangay San Nicolas, Coron, Palawan,
hereinafter referred to as the Seller;
-And-
Spouses
Juan de la Cruz and Juana de la Cruz,
a/both
Filipino/s
of legal age, with residence and postal address at Barangay
1, Poblacion, Coron, Palawan,
hereinafter referred to as the Buyer;
Witnesseth:
Whereas,
the Seller is the lawful owner of one (1) Parcel of Land, hereinafter
referred to as the Lot, identified as Lot
10
Block
10,
Subdivision Plan
PSD-04-206738, with
a total area of One
Hundred Seventy Five
(175
SQM) Square Meters, more or less, covered by Transfer Certificate of
Title Number T-21114, hereinafter referred to as the Mother Title,
and technically described as follows:
Line Bearing Distance
Tie-line North
02deg
55min
East 472.1
meters
Line
1-2 North
58deg
47min
West 16.42
meters
Line
2-3 North
39deg
35min
East 9.65
meters
Line
3-4 North
47deg
23min
East 3.11
meters
Line
4-5 North
76deg
13min
East 3.11
meters
Line
5-6 South
73deg
47min
East 3.11
meters
Line
6-7 South
58deg
47min
East 8.96
meters
Line
7-1 South
31deg
13min
West 15.54
meters
Whereas
the Seller intends
to sell the Lot to the Buyer, who intends to purchase the same from
the Seller;
Now,
therefore, for and in consideration of the foregoing, the Parties
hereby bind themselves to the following terms and conditions:
The
Total
Purchase Price
for the Lot shall be Eight Hundred
Fifty Two Thousand (₱852,000.00)
Pesos, net of Withholding Tax and exclusive of Value Added Tax and
other applicable taxes, if any.
It
is hereby acknowledged by the Seller that the Buyer has paid the sum
of Twenty
Thousand
(₱20,000.00)
Pesos in cash as the Reservation
Fee
on 09
October 2012.
The
said Reservation Fee shall be applicable in full to the
Downpayment.
The
said Reservation Fee entitles the Buyer to a 30-day reservation on
the purchase on the Lot ending on 09
November 2012.
The
Buyer shall pay the Seller the sum of Seventy
Five Thousand Six Hundred (₱75,600.00)
Pesos in cash not later than 09
November 2012
representing the thirty
(30%)
percent Downpayment
net of Withholding Tax and exclusive of Value Added Tax and other
applicable taxes, if any, and minus the Reservation Fee.
In
the event that the Buyer fails to make the said payment in full, as
hereinafter set forth, on or before 09
November 2012,
or decides to opt out of the purchase, this Agreement shall be
considered cancelled and the Reservation Fee shall be forfeited
in full in favor of the Seller.
In
the event that the Seller cancels
the said Reservation, the Seller shall reimburse the Buyer with
double the amount of the Reservation Fee not latter than 18
September 2012
so that this Agreement shall be considered cancelled.
The
Balance
of Seven
Hundred Seventy Six Thousand Four Hundred (₱776,400.00)
Pesos, net of Withholding Tax and exclusive of Value Added Tax and
other applicable taxes, if any, shall be paid in sixty
(60)
Monthly Installments of Fourteen
Thousand Three Hundred Ninety Nine and 14/100 (₱14,399.14)
Pesos each including interest, net of Withholding Tax and exclusive
of Value Added Tax and other applicable taxes, if any, for the next
sixty
(60)
consecutive months beginning on 09
December 2013, payable
on the
ninth (9th)
of
each month within the herein payment period without need of notice
or demand from the Seller.
All
succeeding payments
by
the Buyer to the Seller shall be as follows:
All
payments shall be made as deposits or fund-transfers to one of the
Seller’s following bank
accounts
under the name “Jesus Vicente D. Fernandez and Maria Luisa M.
Fernandez”:
Bank
of the Philippine Islands-Coron, Palawan Branch account number
2493-0140-08.
Allied
Savings Bank–Coron, Palawan Branch account number 8771-00055-5.
Banco
de Oro-Alabang Hills, Muntinlupa Branch account number
650000229-5.
The
Buyer shall submit to the Seller one (1) original duplicate of each
deposit
slip
or other proof of payment from the bank in exchange for the
corresponding Acknowledgement Receipt signed by the Seller.
The
date
that a certain payment is credited in the Seller’s bank account
shall be considered the effective date of the payment, not the date
that the Buyer sent the payment.
Payments
in foreign
currency
shall be converted to Philippine Pesos by the Seller’s bank at
their current in-house exchange rate prior to crediting to the
Seller’s account.
The
Philippine Peso amount
credited to the Seller’s bank account shall be the effective
value of the payment.
The
Seller shall not honor payments that are not
in accordance
to the herein procedure or payments coursed through or submitted to
other parties.
All
late payments shall be subject to monthly Penalty
of
five (5%) percent of the value of the overdue obligation, on top of
the herein contracted interest, compounded monthly, until the
obligation and its incurred Penalty have both been paid in full.
The
Seller has no
obligation to remind
the Buyer of payments and obligations that are overdue or coming
due.
In
the event that the Buyer fails tomake four (4) consecutive payments
on the Monthly Amortization, unless caused by force majeure, proof
of which shall be the burden of the Buyer, the herein sale shall be
cancelled
and all payments made shall be forfeited in favor of the Seller.
In
the further event that the Buyer is already
occupying
the Lot, the Buyer shall vacate the same within thirty (30) days
from receipt of notice from the Seller or from posting of the same
in front of the Lot.
In
the further event that the Buyer has already made fixed
improvements
on a Lot, said improvements shall revert to the ownership of the
Seller.
All
obligations shall be cumulative,
and all payments chronologically applied so that the earliest
obligation outstanding shall be paid first.
Upon
the prior consent of the Seller, the Buyer may transfer
their rights
over the Lot and all payments made to date in favor of a Third
Party, subject to the Seller’s consent.
The
Buyer shall shoulder the expenses
incurred in executing the said transfer of rights.
Upon
full payment of the Total Purchase Price, the Buyer shall have the
right to Possession
of the Lot.
Not
later than thirty (30) days prior to any construction on the Lot,
the Buyer shall pay the sum of Five Thousand (₱5,000.00) Pesos to
the Seller representing the Verification
Survey Fee
for the required geodetic resurvey of the Lot.
Within
twenty (20) days after payment of the said Verification Survey Fee,
the Seller shall have the geodetic
resurvey
of the Lot done by a licensed Geodetic Engineer and a lot plan
certified by the same made available to the Buyer.
Upon
complete payment by the Buyer of the Downpayment, all Installments,
and all other Fees stipulated herein, the Seller shall execute a
Deed
of Absolute Sale
of the Lot in favor of the Buyer.
Upon
execution of the Deed of Absolute Sale, The Seller shall proceed
with the transfer of title of the Lot to the Buyer’s name.
The
Buyer shall pay the Seller the Processing
Fee
of Eight Thousand (₱8,000.00) Pesos prior to the registration of
the sale and transfer of title of the Lot to the Buyer’s name.
The
Capital Gains and Documentary Stamp
Taxes
shall be on the Seller’s account, while the Transfer Tax shall be
on the Seller’s account.
All
expenses
on the transfer of the Declaration of Real Property to the Buyer
shall be on the Buyer’s account.
The
property
tax
applicable upon the Lot shall be on account of the Seller up to the
year that the Buyer has acquired the right take possession of the
same, after which it shall be on account of the Buyer.
The
Seller hereby guarantees the completion
of all required improvements in and for the said Subdivision not
later than the deadlines set by the Housing and Land Use Regulatory
Board with regards to the Developer.
The
Seller however shall not guarantee the supply of power, water, and
other utilities
to the Buyer, as these have to be provided by the appropriate local
utility.
The
Buyer and their respective heirs, assigns, and
successors-in-interest, as well as the Lot and all present and
future improvements thereon, if any, shall be subject under the Deed
of Restrictions
of Fernvale Living and Leisure Subdivision, and all rules adopted by
the Developer or the Fernvale Business and Homeowners Association
Inc. for the Subdivision.
The
said Total Purchase Price shall include the Buyer’s Membership in
Fernvale
Sports and Leisure Club,
a facility that the Seller shall establish inside the said
Subdivision, which shall allow the Buyer to avail of the facilities
and services of the said club for a discounted fee.
The
exact technical description of the Lot shall be subject to
adjustments,
if necessary, in order to preserve the integrity of the subdivision
plan.
If
such adjustments entail an increase or decrease in the lot area,
the Total Purchase Price shall be revised accordingly at the same
price per square meter
as herein contracted.
All
rights to the strip
of land
between the Subdivision and the river running beside the same,
including all usufruct rights therein, if any, shall belong to the
Seller.
The
Seller shall however keep the said strip of land predominantly as
open space, and shall allow the Buyer and his family, as well as
other property owners in the Subdivision, access
to the same at all times, subject to rules and regulations.
The
Seller shall also allow the Buyer to build a gate
on the Lot, not more than two (2) meters in width, directly leading
to the said strip of land.
The
address
of the Lot shall be “30
Ipil Street,
Fernvale Subdivision, Coron, Palawan”, which the Buyer shall
always adhere to at all times with regards to the Lot.
All
rights and obligations enshrined in this Contract shall be binding
upon the Parties, their heirs,
assigns, and successors-in-interest.
Should
any provision in this Contract be nullified in a court of law, the
validity of this Contract and all of its other provisions not
affected by such nullification
shall remain binding upon the Parties.
Any
legal
case
arising from a dispute between the Parties within the bounds of this
Contract may only be elevated to a court of law in Coron, Palawan,
or in Metro Manila.
In
Witness Whereof, the Parties have hereunto affixed their respective
signatures on this Contract on this ninth
(9th)
day of August
2013 at
Coron, Palawan, Philippines.
Seller:
Jesus
Vicente D. Fernandez Maria Luisa M. Fernandez
Buyer:
Juan
de la Cruz
Signed
in the presence of:
__________________________ __________________________
Republic
of the Philippines)
City
of________________) s.s.
ACKNOWLEDGEMENT
On
this ninth
(9th)
day of August
2013 at
Coron, Palawan, Philippines, personally
appeared before me Spouses Jesus Vicente D. Fernandez and Maria Luisa
M. Fernandez (Seller) and Juan
de la Cruz
(Buyer) who are all known to me and known by me to be the same
persons who executed the foregoing instrument and acknowledged that
the same is their free act and deed. The Signatories to this
instrument exhibited the following respective identities:
Names
|
Phil.
Govt. ID Type
|
Number
|
Date
& Place Issued
|
Jesus
|
Passport
|
XX0925609
|
17
March 2010, Manila
|
Maria
|
Passport
|
EB7175926
|
16
January 2013, Manila
|
Juan
de la Cruz
|
|
|
|
This
instrument consists of four (4) pages, including this page, with
every page signed by each Party and their instrumental witnesses.
NOTARY
PUBLIC
Doc
No: ______
Page
No.______
Book
No: _____
Series
of: 2013