Legal Checklist for Selling a Property What Documents You Need?
By a Philippine Real Estate Copyright Writer & Journalist
Selling a property in the Philippines can be both exciting and overwhelming. Whether you’re parting with a family home, unloading an unused lot, or transferring an investment asset, one thing remains the same: your documents must be complete and legally sound. Missing paperwork doesn’t just delay the sale—it can cause buyers to walk away, reduce your property’s value, or expose you to legal risks.
To help you navigate the process with confidence, here’s a friendly, comprehensive legal checklist of the key documents you need when selling a property in the Philippines.
1. Certificate of Title (TCT or CCT)
Your title is the heart of any real estate sale.
TCT (Transfer Certificate of Title) is for land and stand-alone houses.
CCT (Condominium Certificate of Title) is for condo units.
Ensure that your title is clean, meaning it has no annotations of liens, adverse claims, or encumbrances. If you’re unsure how to verify this, you may request a Certified True Copy from the Registry of Deeds. A buyer’s lawyer will always check this, so it’s best to be prepared.
2. Latest Tax Declaration
The Tax Declaration shows your property’s assessed value and classification. The buyer may use this for due diligence, bank financing, or appraisal. Make sure you secure the updated version from the local assessor’s office.
3. Real Property Tax (RPT) Clearance
Before selling, your property taxes must be fully paid. The RPT Clearance proves exactly that. It ensures the buyer that there are no outstanding obligations tied to the property. Settling unpaid taxes late in the process can cause major delays, so clear these early.
4. Tax Identification Number (TIN)
Both the seller and buyer need a TIN for the Bureau of Internal Revenue’s required taxes. If you don’t have one yet, now is the time to apply; otherwise, the transfer of ownership cannot be processed.
5. Valid Government-Issued IDs
This seems simple, but it’s often overlooked. Make sure your IDs are not expired and the details match your title and tax declaration. Any discrepancies in your name or signature can cause legal and administrative challenges.
6. Special Power of Attorney (If Applicable)
If the property owner is abroad or unable to attend the sale, a Special Power of Attorney (SPA) is required. For SPAs executed abroad, they must be consularized or apostilled to be recognized in Philippine transactions.
7. Proof of Inheritance (If the Property Was Inherited)
For inherited properties, additional legal documents are necessary, such as:
Extra-Judicial Settlement (EJS)
Death certificate
Affidavit of Self-Adjudication (if only one heir)
These papers must be notarized and may require publication in a newspaper of general circulation. Without these, the heirs cannot legally sell the property.
8. Deed of Absolute Sale (DOAS)
This document formalizes the sale between the buyer and seller. Although often drafted by the buyer’s lawyer, sellers should carefully review the contents, ensuring the price, terms, and responsibilities are clear and accurate.
9. Homeowners’ Clearance or Condo Dues Clearance
If your property is part of a subdivision or a condominium, management usually requires a clearance showing that your association dues are up to date. Many buyers make this a condition before closing.
10. Other Supporting Documents
Depending on your situation, you may also need:
Birth or marriage certificate (to verify civil status)
Court orders (for properties involved in legal proceedings)
Business permits (if the property is commercial)
Conclusion
Kapag kumpleto ang papeles mo, mas smooth ang transaction at mas mataas ang tiwala ng buyer. Hindi ka rin ma-i-stress sa hahabuling requirements at possible delays. Kaya bago ka magbenta, siguraduhin munang nakaayos lahat ng legal documents mo—promise, malaking ginhawa ito sa buong proseso.
In short, handa ang dokumento, handa ang deal. Kung ready ka na magbenta, mas madali at mas kampante ang usapan. Happy selling!
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