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Memorandum Of Understanding (Real Estate) Template for Philippines

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Key Requirements PROMPT example:

Memorandum Of Understanding (Real Estate)

"I need a Memorandum of Understanding (Real Estate) for a proposed joint venture between a Singapore-based developer and our Philippine corporation to develop a mixed-use commercial property in Makati City, with specific provisions for foreign ownership compliance and a 90-day exclusivity period starting March 2025."

Document background
The Memorandum of Understanding (Real Estate) is a crucial preliminary document used in Philippine real estate transactions to establish the framework for negotiations between parties interested in a property deal. It serves as a stepping stone toward a more formal agreement while allowing parties to outline their intentions and basic terms of understanding. This document type is particularly important in the Philippine context, where real estate transactions must comply with specific local regulations, including the Civil Code, Property Registration Decree, and foreign ownership restrictions. The MOU typically precedes more detailed agreements and helps parties address key considerations early in the negotiation process, including property details, proposed transaction structure, due diligence requirements, and timeline. While generally non-binding, it often includes certain binding provisions such as confidentiality and exclusivity clauses to protect parties during negotiations.
Suggested Sections

1. Parties: Identification of all parties involved in the MOU, including complete legal names, addresses, and registration details for corporate entities

2. Background: Context of the potential transaction, including brief description of the property and the parties' general intentions

3. Definitions: Key terms used throughout the MOU, including property-specific terminology and Philippine real estate terms

4. Purpose and Scope: Clear statement of the MOU's objective and the extent of the parties' proposed relationship

5. Subject Property: Detailed description of the real estate property, including location, boundaries, and title details as per Philippine land registration requirements

6. Proposed Transaction Structure: Outline of the contemplated transaction, including proposed terms and conditions

7. Due Diligence: Framework for the investigation and review of property documentation and title

8. Timeline: Proposed schedule for negotiations, due diligence, and potential execution of definitive agreements

9. Confidentiality: Binding provisions regarding the confidentiality of information exchanged

10. Non-Binding Effect: Clear statement that the MOU is non-binding except for specified provisions

11. Costs and Expenses: Agreement on who bears the costs of due diligence and document preparation

12. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction

13. Termination: Conditions and process for terminating the MOU

14. Signatures: Execution block for all parties

Optional Sections

1. Exclusivity: Optional binding provision preventing parties from negotiating with other parties for a specified period

2. Break Fee: Optional provision for compensation if one party withdraws from negotiations under specific circumstances

3. Broker/Agent Representation: Required if real estate brokers or agents are involved in the transaction

4. Local Government Requirements: Specific section addressing local government requirements if the property is subject to special zoning or development regulations

5. Environmental Matters: Required if the property has potential environmental concerns or requires environmental clearances

6. Indigenous Peoples' Rights: Required if the property is located in or near areas covered by the Indigenous Peoples Rights Act

7. Foreign Ownership Considerations: Required if any party is a foreign entity, addressing Philippine foreign ownership restrictions

Suggested Schedules

1. Schedule A - Property Details: Detailed technical description of the property, including lot numbers, boundaries, and technical descriptions from the title

2. Schedule B - Initial Price Considerations: Preliminary discussion of pricing and payment terms, if already discussed

3. Schedule C - Due Diligence Requirements: List of required documents and information for due diligence

4. Schedule D - Timeline: Detailed timeline with specific milestones and deadlines

5. Schedule E - Required Permits and Licenses: List of necessary government permits and licenses relevant to the property

6. Appendix 1 - Property Documents: Copies of relevant property documents including title, tax declarations, and surveys

7. Appendix 2 - Corporate Documents: Copies of corporate documents proving authority to enter into the MOU

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































Clauses






































Relevant Industries

Real Estate

Property Development

Construction

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail

Office Space

Mixed-Use Development

Agriculture (for agricultural land)

Tourism

Infrastructure

Urban Development

Relevant Teams

Legal

Real Estate

Property Development

Finance

Business Development

Compliance

Risk Management

Operations

Project Management

Asset Management

Investment

Facilities Management

Corporate Affairs

Due Diligence

Relevant Roles

Real Estate Director

Property Development Manager

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Real Estate Broker

Property Manager

Investment Manager

Development Director

Land Acquisition Manager

Asset Manager

Business Development Manager

Corporate Lawyer

Real Estate Analyst

Project Manager

Facilities Manager

Risk Manager

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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