Contract To Sell
Contract To Sell
Contract To Sell
This CONTRACT TO SELL, made and executed this ____ day of _________,
2023 by and between:
______________, of legal age, single, Filipino, and with residence and postal
address at Block 10, Lot 6, DARBCI Homes, Barangay Apopong, General Santos
City, hereinafter referred to as the " VENDOR";
-AND-
WITNESSETH;
WHEREAS, the VENDEE offers to buy from the VENDOR a certain parcel of
agricultural land and using her housing loan privilege as a PAG-IBIG member to
finance the purchase said agricultural land through Home Development Mutual
Fund (HDMF) Housing Loan Program.
WHEREAS, the VENDOR has agreed to sell to the VENDEE, subject to the
approval and final release of the latter’s housing loan application with the HDMF,
a parcel of agricultural land situated at Barangay Apopong, City of General Santos,
covered by the Transfer Certificate of Title No. ____________ of the Registry of
Deeds for the City of General Santos, more particularly described as follows:
SECTION 1. CONSIDERATION
Section 1.1. The VENDEE undertake/s and agree/s to pay the VENDOR or to
her successor/s-in-interest or assign/s the following:
Section 1.2 Premiums for fire and Sales Redemption Insurance and other
fees which may be paid on a monthly basis by the VENDEE over the
contract term shall not be refunded in the event of default pursuant to R.A.
6552 and Section 2 of this Contract.
Section 1.3 Upon take put or payment of the terms proceeds to the
VENDOR, the VENDEE undertake/s to continuously pay his monthly Pag-
IBIG membership contribution without need of notice or demand.
Section 2.1. If for any reason whatsoever, the VENDEE fails to pay any three
consecutive monthly installments which is inclusive of the sixty (60)
calendar days grace period provided in Section 4 of R.A. 6552, the buyer
shall be considered in default.
In cases where the VENDEE has paid less than two (2) years of installment
and has failed to pay any installment when due, the VENDEE shall be
granted a grace period of not less than sixty (60) calendar days from the
date of installment payment became due and payable within which to pay
the installment and/or make payments in areas together with the
installments corresponding to the month of the period. In the event the
VENDEE fails to pay the installments in areas and/or to make the payment
within or at the expiration of the grace period herein provided. The VENDEE
is considered in default. In such a case, the VENDOR may cancel this
Contract and cancellation shall be effective after thirty (30) days from
receipt by VENDEE of the notice of cancellation or demand for rescission of
this Contract by a Notarial Act in accordance with the Civil Code and R.A.
6552 (Maceda Law). Thereafter, the VENDOR or its assignee may dispose of
the property covered by this Contract in favor of other persons as is this
Contract has never been entered into.
Section 2.2 The provision shall be without prejudice to the right of the
VENDEE to sell and transfer his/her/their rights and interest under this
Contract to other qualified Pag-IBIG Fund member within the grace period
and before actual cancellation of this Contract in accordance with the
provisions of R.A. 6552 provided however that the transferee or assignee is
as stated, qualified to acquire the housing unit under existing policies rules
and regulations of the Pag-IBIG Fund in whose favor the house and lot
subject on this Contract is assigned.
Section 2.3 Should the VENDEE, after the housing loan has been taken out,
refuses or fails to comply with other terms and conditions stipulated herein,
this Contract shall be deemed canceled or rescinded and all payment made
hereunder shall be governed by and subject to the applicable provisions of
R.A. 6552. A thirty (30) day notice from receipt of the demand for rescission
or cancellation of the Contract by Notarial Act in accordance with the Civil
Code and R.A. 6552 shall be sufficient and in such case, the VENDOR or its
assignee may dispose of the property covered by this Contract in favor of
other persons as if this Contract has never been entered into. Thereafter,
the VENDEE shall be heated as tenant holding the premises without
permission and shall peacefully vacate the same and the VENDOR or its
assignee may immediately repossess the premises. Should it become
necessary to resort to any legal action to recover possession of said
property, the VENDEE hereby obligates himself to pay the costs of
attorney’s fees, which shall constitute as liens on all real and equitable
rights thereto. The remedy provided under this Contract shall not however
be exclusive of any other remedy that the VENDOR or its assignee may avail
of.
Section 2.4 Failure of the VENDOR or its assignee to enforce strictly the
provision of this Contract to exercise any power/privilege or right granted
to the VENDOR or its assignee with respect to any violation of the terms
and conditions of this contract with respect to any of the above mentioned
default shall in no case be interpreted as relinquishment by the VENDOR or
its assignee of any of its other rights herein contained in case of any
subsequent default on the part of the VENDEE.
Section 3. The VENDEE binds himself to pay the real estate taxes and
special taxes levied or that may be levied on the property subject of this
Contract during the time the same is in force when they become due and
payable, or within the period provided by laws including the corresponding
surcharges and penalties in case of delinquency. The VENDEE shall submit
to the VENDOR the Official Receipt as proof of payments within fifteen (15)
days from the date when such payment was made. The VENDOR or its
assignee may make the payments but in which case the latter has the right
to charge on any amount it has so paid the same rate of interest as
stipulated in Section 1.1 herein item the tune said payments were made
until the same is reimbursed by the VENDEE, if the VENDEE fails to satisfy
the same, the VENDOR shall have the right granted to it by Section 2.3 of
this Contract regarding the cancellation or rescission of the Contract and
other rights therein mentioned, it being understood that failure of the
VENDEE to submit to the VENDOR or its assignee the Official Receipt for
said payment within the period stipulated shall be primary evidence that
the VENDEE failed to pay the taxes on or before the due date thereon.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
this ___ day of ____________, 20__ at ______________________, Philippines.
(SELLER/VENDOR) (BUYER/VENDEE)
Name Name
________________________ _________________________
Name of Seller's Spouse Name of Buyer's Spouse
__________________________ __________________________
ACKNOWLEDGMENT
This instrument, consisting of ___ page/s, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every
page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand the day, year and place
above written.
Notary Public