The Real Estate Disclosure Agreement (Real Estate) is a crucial document in Philippine property transactions, designed to promote transparency and protect both buyers and sellers. It is required whenever a property transfer is contemplated, whether residential, commercial, or industrial. The agreement ensures compliance with various Philippine laws including the Civil Code, Real Estate Service Act (RESA), and Consumer Act, which mandate detailed disclosure of material facts about the property. This document typically includes information about the property's physical condition, legal status, environmental compliance, tax obligations, and any issues that could affect its value or usability. It serves as evidence that the seller has fulfilled their disclosure obligations and that the buyer has been informed of all relevant property details before proceeding with the transaction. The agreement is particularly important in the Philippine context due to specific local requirements regarding property disclosure and the complex nature of land ownership and usage rights in the country.
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1. Parties: Identification of the seller/disclosing party and the buyer/receiving party, including complete legal names and addresses
2. Background: Context of the disclosure agreement, including the intention to sell/purchase the property and the purpose of the disclosure
3. Definitions: Key terms used throughout the agreement, including technical terms and legal concepts
4. Property Information: Basic details of the property including address, lot number, title details, and property classification
5. Property Condition Disclosure: Detailed disclosure about the physical condition of the property, including known defects and repairs
6. Legal Status and Encumbrances: Disclosure of legal issues, liens, encumbrances, and any pending litigation affecting the property
7. Environmental Conditions: Disclosure of known environmental issues, hazards, or compliance requirements
8. Utilities and Services: Information about available utilities, service connections, and any pending issues
9. Regulatory Compliance: Status of compliance with building codes, zoning laws, and other regulatory requirements
10. Financial Disclosure: Information about property taxes, assessments, and other financial obligations
11. Representations and Warranties: Seller's assertions about the truthfulness and completeness of the disclosures
12. Acknowledgment: Buyer's acknowledgment of receipt and understanding of the disclosures
13. Governing Law: Specification that Philippine law governs the agreement and relevant jurisdiction
1. Historical Significance: Required when the property has historical value or is subject to heritage preservation rules
2. Natural Hazard Disclosure: Required for properties in areas prone to natural disasters or requiring specific insurance
3. Tenant Rights: Required when the property is currently leased or subject to tenant rights
4. Homeowners Association: Required for properties within subdivisions or condominiums with associations
5. Development Plans: Required when there are pending or approved development plans affecting the property or surrounding area
6. Indigenous Peoples Rights: Required when the property is affected by or near ancestral domains
7. Agricultural Classification: Required for properties with agricultural classification or subject to agrarian reform
8. Coastal Property Provisions: Required for beachfront or coastal properties subject to special regulations
1. Schedule A - Property Details: Detailed technical description of the property, including lot plans and technical specifications
2. Schedule B - Property Title Documents: Copies of title documents and certification of title status
3. Schedule C - Inspection Reports: Recent property inspection reports and assessments
4. Schedule D - Permits and Certificates: Copies of relevant permits, certificates, and regulatory approvals
5. Schedule E - Property Photographs: Recent photographs documenting the current condition of the property
6. Schedule F - Historical Repairs and Modifications: Record of significant repairs, renovations, and modifications
7. Schedule G - Environmental Reports: Environmental assessment reports and certificates where applicable
8. Schedule H - Tax Declarations: Current and historical tax declarations and assessments
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Insurance
Hospitality
Retail
Manufacturing
Agriculture
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Property Management
Facilities
Corporate Services
Operations
Documentation
Due Diligence
Relevant Roles
Real Estate Broker
Property Manager
Real Estate Attorney
Compliance Officer
Property Developer
Real Estate Agent
Title Officer
Property Assessor
Environmental Compliance Officer
Real Estate Investment Manager
Corporate Counsel
Property Acquisition Manager
Facilities Manager
Real Estate Transaction Coordinator
Risk Management Officer
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