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Cancellation Of Contract To Sell
"I need a Cancellation of Contract to Sell for a residential property in Manila, where the buyer has defaulted on installment payments for 3 consecutive months and we need to follow Maceda Law requirements for the refund calculation."
1. Parties: Identification of the Seller and Buyer, including their complete names, addresses, and civil status as required under Philippine law
2. Background: Details of the original Contract to Sell, including its execution date, subject property description, and material terms
3. Definitions: Key terms used in the cancellation agreement, including references to the original contract and property
4. Acknowledgment of Original Contract: Confirmation of the existing Contract to Sell and its current status
5. Grounds for Cancellation: Specific reasons for the cancellation, whether mutual agreement or breach of contract
6. Terms of Cancellation: The agreed terms for cancelling the contract, including effective date and immediate consequences
7. Financial Settlement: Details of any refunds, forfeitures, or payments between parties as per Maceda Law requirements
8. Mutual Release: Release of claims and obligations between parties post-cancellation
9. Return of Documents: Provisions for returning original documents and certificates related to the property
10. Governing Law: Specification that the cancellation is governed by Philippine law
11. Execution: Signature blocks and notarial requirements
1. Broker Provisions: Include when a broker was involved in the original transaction, addressing commission refunds or obligations
2. Third-Party Rights: Include when there are existing third-party interests in the property (e.g., mortgages, liens)
3. Tax Provisions: Include when there are specific tax implications or arrangements that need to be addressed
4. Confidentiality: Include when parties wish to keep the terms of cancellation confidential
5. Dispute Resolution: Include when parties want to specify a particular method for resolving future disputes
6. Survival Clauses: Include when certain obligations need to survive the cancellation
1. Schedule A - Property Details: Detailed description of the property from the original Contract to Sell
2. Schedule B - Payment History: Record of all payments made under the original contract
3. Schedule C - Settlement Calculations: Detailed breakdown of refunds or payments due under the cancellation
4. Appendix 1 - Original Contract: Copy of the original Contract to Sell being cancelled
5. Appendix 2 - Property Documents: Copies of relevant property documents and certificates
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Real Estate Investment
Housing and Development
Legal
Real Estate Operations
Sales
Compliance
Property Management
Documentation
Contract Administration
Risk Management
Corporate Services
Real Estate Agent
Property Developer
Legal Counsel
Property Manager
Sales Director
Contracts Administrator
Real Estate Broker
Compliance Officer
Property Sales Manager
Real Estate Attorney
Title Officer
Documentation Specialist
Real Estate Operations Manager
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