LEGAL FORMS FOR USUAL REAL PROPERTY TRANSACTIONS

I.

EXCLUSIVE AUTHORITY TO SELL

-complete documents
-term; selling price and 5% commission
-hold-over: afterwards within ___________ from the termination of this
authority, by a purchaser whose name was given to you.

II.

AGREEMENT FOR THE SHARING OF COMMISSIONS

-all registered brokers
-based on trust and confidence

III.

SPECIAL POWER OF AUTHORITY

-technical description, title and tax declaration of the property

IV.

DEED OF ABSOLUTE SALE

-and vs. in favor of
-Article 1620, 1621 and 1622
-for unregistered/untitled land: That the above-described property, not having
been registered under Act 496 nor under the Spanish Mortgage Law, the parties
hereto have agreed to register this instrument under the provisions of Sec. 194 of
the Revised Administrative Code, as amended by Act No. 3344.

V.

CONTRACT OF LEASE
-lessors ownership
-authority of representative
-rental, period, prohibitions
-no lockout in residential bldg.

VI.

EXTRAJUDICIAL SETTLEMENT OF ESTATE

-death certificate
-inventory of all properties (real & personal)
-partition agreement
-include all compulsory heirs

VII.

REAL ESTATE MORTGAGE

-amount of loan, interest and penalties
-term of the loan
-complete description of the collateral

VIII. CONTRACT TO SELL

-same as sale
-amount of sale
-terms of payment

EXCLUSIVE AUTHORITY TO SELL

(LETTER FORM)
DATE: __________, _____
TO: ___________________
_______________________
Sir/Madam:
This is to authorize you to negotiate the sale of my property described below under the
following terms and conditions:
Location _________________________________________________
Description Block No._____ Lot No. _____
Title: TCT No. _____________
of the Registry of Deeds of _____________________________
Area __________________________________ ( ) sqm.
Improvements _____________________________________________
Price P _________/sqm Total Price: ___________________________
Expenses: All after sales taxes and expenses for the account of the Buyer
(or Capital Gain Tax and Documentary Stamp Tax shall be for the account of the
undersigned seller. Whereas, registration expenses, documentation and transfer fees shall
for the account of the buyer.
Broker's Commission : Five (5%) percent of the final total selling price.
Period of Authority: One year from date of this authority or until _____________.
However, commission shall still be due to be paid to the herein Broker if property is sold
within _______ months from the termination of this authority, to the buyer registered to
the Seller by the herein Broker.
Signature of Seller
CONFORME:
Signature of Broker
License No. ___________
SIGNED IN THE PRESENCE OF:
_____________________________

_________________________________

ACKNOWLEDGMENT (BY NOTARY PUBLIC)

AGREEMENT FOR SHARING OF COMMISSIONS

KNOW AL MEN BY THESE PRESENTS:
This Agreement, made and entered by and among:
A __________, of legal age, single/married and resident of __________
B__________, of legal age, single/married and resident of _________
C__________, of legal age, single/married and resident of __________
D__________, of legal age, single/married and resident of __________
WITNESSETH:
WHEREAS, the above-named parties are all licensed real estate brokers/salesmen;
WHEREAS, they are all involved in the sale/purchase of a property described as follows:
______________________________________________ which is now the subject of
negotiation between buyer and seller;
WHEREAS, in the event the sale/purchase is consummated, the brokers/salesmen will be
entitled to a 5% broker's commission based on the agreed purchase price between seller and
buyer.
WHEREFORE, the parties herein have agreed and stipulated as follows:
1.
That of the ____% commission, it will be shared by the brokers/salesmen in the
following manner:
(A) _________ will get _____%
(B) _________ will get _____%
(C) _________ will get _____%
(D) _________ will get _____%
2.
That after the consummation of the sale/purchase, the entire 5% commission will
go or will be given by the seller to _____________________, and he will have the responsibility
to distribute the proper percentage of commission as above stipulated to each party and to require
each recipient to sign receipt therefor.
IN WITNESS WHEREOF, the parties have signed their names on this ___ day of
________, in the City of ____________________, Philippines.
(Signature of all parties above named)
SIGNED IN THE PRESENCE OF: ______________ ______________
ACKNOWLEDGMENT (BY A NOTARY PUBLIC)

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:
This Deed is made and entered into by and among:
___________________ (complete name and correct spelling), of legal age, Filipino
citizen, single/married to _____/widow/widower and a resident of (complete address), herein
referred to as the SELLER;
-IN FAVOR OF:
___________________, of legal age, Filipino citizen, married to __________ and a
resident of ______________________, hereinafter referred to as the BUYER;
WITNESSETH:
THAT, the SELLER is the registered owner of a parcel of land located in Iponan,
Cagayan de Oro City with TRANSFER CERTIFICATE OF TITLE NO ___________ of the
Registry of Deeds of Cagayan de Oro City and TAX DECLARATION NO. ______________ of
the City Assessors Office, particularly described as follows:
A PARCEL OF LAND (Lot 5321-C, Psd-10-006614, being a
portion of Lot 5321, Cad-237, Cagayan Cadastre), situated in
Barrio of Iponan, City of Cagayan de Oro, Island of Mindanao.
Bounded on the N, along line 1-2 by Lot 5321-B of the subdivision
plan; on the E. & S., along lines 2-3-4 by Lot 5319; on the W.,
along line 4-1 by Lot 5322, all of Cad-237 Cagayan Cadastre.
Beginning at a point marked 1 on plan, being S. 5 deg.
05E., 428.72 m., from BBM No. 22, Cad-237 Cagayan Cadastre:
thence S. 86 deg. 50E 77.07 m. to point 2;
thence S. 16 deg. 56W 69.73 m. to point 3;
thence N. 84 deg. 04W 61.65 m. to point 4;
thence N. 4 deg. 09E 64.75 m. to point of beginning;
containing an area of FOUR THOUSAND SIX HUNDRED FOUR
(4,604) Square Meters more or less. All points referred to are
indicated on the plan and marked on the ground by as follows:
points 1 by P.S. cyl. conc. mons. 15x 40 cm. and the rest by old
points.
THAT, the SELLER offered to sell and the BUYER agreed to buy the aforementioned
parcel of land;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of
_________________________ PESOS (PHP_______________), Philippine Currency, receipt of
which is hereby acknowledged from BUYER to the entire satisfaction of the SELLER, the

SELLER hereby SELL, TRANSFER, and CONVEY the above-described land including all the
improvements found therein if any.
THAT, it is hereby attested by the SELLER that the requirements and provisions of
Articles 1620 (co-owner), 1621 (adjoining lot owner-rural land) and 1623 (adjoining lot ownersurban land) of the New Civil Code of the Philippines and other provisions thereof on notice were
duly and substantially complied by him.
IN WITNESS HEREOF, we have hereunto set our hands this _______________ in
Cagayan de Oro City, Philippines.
_________________________
Seller

_________________________________
Buyer
WITH MY CONSENT:
___________________________
Spouse

SIGNED IN THE PRESENCE OF:

1.

________________________

2.

________________________

Republic of the Philippines)

City of Cagayan de Oro
) S.S.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public in and for Cagayan de Oro City, Philippines, this
_____________________, personally appeared the SELLER and the BUYER and have
exhibited to me their Proof of Identity and Community Tax Certificates as follows:
_______________________
_______________________________________________
_______________________
_______________________________________________
who are known to me to be the same persons who executed the foregoing DEED OF
ABSOLUTE SALE and who acknowledged to me that the same is their free and voluntary act
and deed. This instrument is consisting of two (2) pages including the page where the
acknowledgment is written duly signed by the parties and their witnesses on each and every page
hereof.
WITNESS MY HAND AND SEAL.
MARIA NORA L. GONZALES-CAGANG
NOTARY PUBLIC
My Commission is until December 31, 2012
Doc. No. ____;
Roll of Attorneys No. 38674
Page No. ____;
PTR O.R. NO. 214645, December 10, 2010
Book No. XXIX;
IBP O.R. NO. 798716, December 8, 2010
Series of 2011.
CAGAYAN DE ORO CITY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:
I, ______________________, of legal age, married to _________________, Filipino
citizen and a resident of _____________________________, have named, constituted and
appointed, and by these presents do name, constitute and appoint __________________, as
my ATTORNEY-IN-FACT, also of legal age, married, Filipino citizen and a resident of
______________________________, for me and in my name, place and stead, to do and
perform any or all of the following acts and things namely:
1.

To represent me in any and all transactions including the sale of my parcel of land
known as Lot NO. ___________, with an area of ___________, located in
______________________ with Transfer Certificate of Title No. _____________;

2.

To sign/execute in my behalf such pertinent document/s and to do all other

incidental and relevant acts in connection with the above powers.

HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and
authority to do and perform all and every acts and things whatsoever requisite or necessary to be
done in and about the premises as fully to all intents and purposes as I might or could do if
personally present and hereby ratifying and confirming all that my said Attorney-in-Fact shall
lawfully do and cause to be done by virtue of these presents.
IN WITNESS HEREOF, the parties have hereunto affixed their signatures this
__________________ in the City of Cagayan de Oro, Philippines.
With Marital Consent:
_________________________
Principal

_______________________
Spouse

SIGNED IN THE PRESENCE OF:

__________________________

____________________________

Republic of the Philippines)

City of Cagayan de Oro ) S.S.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public in and for Cagayan de Oro City, Philippines, this
______________________, personally appeared the Principal have exhibited to me his Valid
Identification as follows:
__________________________________________________________________________

who are known to me to be the same person who executed the foregoing SPECIAL POWER OF
ATTORNEY and who acknowledged to me that the same is their free voluntary act and deed.
WITNESS MY HAND AND SEAL.

Doc. No. ____

Page No. ____;
Book No. _____;
Series of 2011.

NOTARY PUBLIC
My Commission is until _________________
Roll of Attorneys No. ________
MCLE Compliance No. _________________
PTR O.R. NO. 1895642 A, January 9, 2010
IBP O.R. NO. 798559, January 8, 2010
CAGAYAN DE ORO CITY