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Conditional Deed of Sale?

What is a Conditional Deed of Sale (CDS)?


A CDS is a document executed by a buyer and seller of real estate where a buyer takes possession of the asset, but the seller has the power to repossess the property, assuming the buyer isn't able to meet certain conditions.


Sounds like a Contract to Sell, right? Because it is.


Why do people insist on calling the document a CDS and not a CTS?


I think people wish to call the document a "CDS" because they're under the premise that they'll be able to transfer the title using this document but have the power to rescind the sale (and skip paying another layer of taxes) in case conditions aren't met. But for all intents and purposes, a CDS and a CTS are one and the same document.


Well, you can call a CTS a CDS, but in regulators' eyes, it's a CTS.


In the Philippine setting, regulators will neither accept CDSs nor CTSs for title transfers. Even when it comes to bank-financed purchases (where sellers only get the full payment after the title is transferred to the buyer's name), parties execute a Deed of Absolute Sale and not a conditional instrument.

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