CONTRACT TO SELL. This Contract made and entered into this day of at, Philippines, by and between:

Transcription

1 CONTRACT TO SELL BUILDING: BUYER S NAME: UNIT NO: CONTRACT NO: PARKING: KNOWN ALL MEN BY THESE PRESENTS: This Contract made and entered into this day of at, Philippines, by and between: NEST BUILDERS & DEVELOPMENT CORPORATION (NBDC), a corporation duly organized and existing under and by virtue of the laws of the Philippines, with principal address at No. 8 Dinar Street Jem 9 Subdivision Tandang Sora, Quezon City, represented in this act by its President, Mr. Nestor S. Leal, hereinafter referred to as SELLER ; -and-, of legal age, both citizen with residence and postal address at, hereinafter referred to as BUYERS ; WITNESSET: that WHEREAS, the SELLER is setting up a condominium project in accordance with Republic Act. No. 4726, otherwise known as the Condominium Act, denominated as (hereinafter referred to as ( PROJECT ), at No. Road 13 Pag-asa, Quezon City. WHEREAS, to carry out this intent to set up a condominium, on the above described parcel of land, a MASTER DEED with Declaration of Restrictions (hereinafter referred to as Master Deed ) will be executed by the SELLER and will be registered in the Registry of Deeds of Quezon City, Philippines; WHEREAS, pursuant to the said Master Deed, SELLER shall recognize a condominium corporation to handle and to hold title to all common areas, including the lands of the project:

2 WHEREAS, the BUYERS has read the Master Deed and has examined the plans and specifications of the project set forth in said Master Deed and is desirous of purchasing from the SELLER unit of the project hereinafter designated; NOW THEREFORE, in consideration of the premises, and the payment of the purchase price herein below specified the SELLER hereby agree to sell unto the BUYER and the BUYERS hereby agrees to purchase from the SELLER the condominium unit herein after described the terms and conditions hereinafter set forth, to wit: 1. THE UNIT PURCHASED A. The unit subject of this CONTRACT is more particularly described as follows: BUILDING : UNIT NO : FLOOR AREA(S) : PARKING NO (If applicable) : 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. 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. In the event that the BUYERS effects changes on the standard finishing of the said unit, a cash bond of 30% of the total renovated cost will be required to ensure the strict compliance of the BUYERS with the SELLER S Rules and Regulations. The said bond will be returned to the BUYERS upon completion of furnishing works minus any penalties or charges that may have accrued against the BUYERS. E. The BUYERS has examined the unit thereon including the plans and specifications for the condominium project prepared by the SELLER to their satisfactions 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 BUYERS 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.

3 F. At the request of the BUYERS, the SELLER may, but is not obliged, to make such modification on the plans and specifications of the unit herein purchase, 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 own units or the common areas. The BUYERS 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 additional period necessary to carry out such modifications. G. The BUYERS 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 ( ) Currency exclusive of interest and shall be paid as follows: i. For CASH BUYERS shall as per attached Intent to BUY and made an integral part of this CONTRACT. ii For DEFERRED CASH BUYERS shall As per attached Intent to Buy, duly signed by both parties, and made an integral part of this CONTRACT. iii iv 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 BUYERS to the SELLER. All payment shall be made on or before their respective due dates without the necessity of any demand therefore, and 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 BUYERS the absolute ownership, title, right and interest to the subject unit upon fulfillment of the following obligations:

4 i. Payment of the balance of the purchase price and all interest and penalties that may have accrued thereto. ii All other obligations such as three (3) months condominium dues, electric and water deposits, documentations fees etc. should be paid by the BUYERS to the SELLER as miscellaneous expenses on first year or prior to move-in whichever come first. iii. The BUYERS 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 government and other authorities having jurisdiction thereon and such other restriction and easement of record and the BUYERS 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 BUYERS. Capital Gains Tax will be shoulder by the SELLER. 4. Construction Schedule - The units herein purchased shall be completed on or about. Should the SELLER be delayed in the construction or completion of unit(s) herein purchased, the SELLER shall be allowed additional time within which 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 BUYERS, lending bank or financial institution mentioned in paragraph 2.A.iii. above, such corresponding amount shall be refunded by the SELLER to the BUYERS, bank or financial institution concerned. 5. DELIVERY ---- Upon completion of the Unit(s), the SELLER shall so 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 account of the BUYERS. 6. ASSESSMENTS AND EXPENSES

5 A. Real estate taxes for the year during which the unit is delivered to the BUYERS shall be pro-rated between the SELLER and the BUYERS such that the latter will be liable only for his pro-date share of the taxes corresponding to the period from date of delivery to the end of the year. Real estate tax and assessment not remitted or paid on 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 may be adopted by the SELLER. 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 5 th day of the month without 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 BUYERS upon possession of the unit(s) or upon turnover of the Unit to the BUYERS. If the BUYERS or his authorized representative unreasonably refuses to accept the turnover, then the association dues start to accrue upon notice of the turnover. 7. DEFAULT A. All payment shall be made on or before their respective due dates without the prior necessity of any demand, therefore, and failure to make any such payment on time shall entitle the SELLER to charge 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 BUYERS fails to pay the installments due, together with the penalty, interest and taxes and assessments, thereon, if any, as provided for in this Contract then without need to resort to judicial action this Contract shall automatically be considered Null and Void (30) days after service by the SELLER to the BUYERS 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 right sand interest to all the improvements made on the premises shall be considered as liquidated damages, and forfeited for the account of the SELLER. The BUYERS may however, remove at his own expense all furniture and appliances place 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

6 shall become property of the SELLER without any obligation on the part of the latter to indemnify the BUYERS 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 thereof for the purpose irrespective of whether or not it was received by the BUYERS. C. In case of cancellation of this Contract for non-payment in accordance with section 7.B hereof, the SELLER is entitled to make immediate possession of the unit together with the improvements thereon and should the BUYERS be in possession thereof, the BUYERS shall become a mere intrude or unlawful detainer of the same, without any further right, title or interest, claims or 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 BUYERS 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 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 BUYERS 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 herein above provided in this Contract. Furthermore, nothing in this paragraph shall be construed as in any way amending the automatic cancellation herein above provided. 8. ASSIGNMENT A. By mere notice to the BUYERS and without 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 with respect to the BUYERS herein. B. The BUYERS 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 account of the BUYERS; or

7 D. When during the grace period provided for Section 7.A, the BUYERS sells or assigns his her rights & interest over the subject unit to another person or entity before actual cancellation of the CONTRACT. 9. EFFECTIVITY This CONTRACT TO SELL shall take effect six (6) months from its due execution thereof. IN WITNESS WHEREOF, the PARTIES hereto have signed this CONTRACT TO SELL on the date place first above-written. By: NEST BUILDERS & DEVELOPMENT CORPORATION (SELLER) NESTOR S. LEAL BUYER Signed In the Presence of: ACKNOWLEDGEMENT REPUBLIC OF THE PHILLIPNES ) )S.S. BEFORE ME, a Notary Public, for and in personally appeared:

8 NAME COMM. TAX CERT. NO. DATE/PLACE ISSUED Known to me and to me known to be same persons who executed the foregoing instrument and they acknowledge 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 (6) six pages including this page were the acknowledgement 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 at the place, hereinafter mentioned. NOTARY PUBLIC Doc. No. Page No. Book No. Series of