The Broker Exclusive Agreement is a crucial document in Philippine real estate transactions, used when a property owner wishes to grant sole marketing and selling rights to a specific licensed broker or brokerage firm. This agreement type is particularly important in the Philippine market, where real estate transactions are regulated by the Real Estate Service Act of 2009 and overseen by the Professional Regulation Commission. The document establishes clear terms for the exclusive relationship, including the broker's rights and responsibilities, commission structures, and protection periods. It's essential for professional real estate transactions and provides legal protection for both the property owner and the broker, ensuring compliance with Philippine real estate laws and regulations. The agreement typically includes detailed provisions about marketing strategies, property pricing, commission terms, and the duration of the exclusive arrangement.
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1. Parties: Identification of the property owner/seller and the licensed real estate broker, including their complete details and licenses
2. Background: Context of the agreement, including brief description of the property and intention to engage broker services
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', etc.
4. Appointment and Scope: Explicit statement of exclusive appointment and detailed scope of broker's services
5. Term and Exclusivity: Duration of the exclusive agreement and terms of exclusivity
6. Broker's Rights and Obligations: Detailed responsibilities of the broker including marketing, showing property, negotiations
7. Owner's Rights and Obligations: Owner's commitments, including providing accurate information and access to property
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission earning
9. Protection Period: Terms protecting broker's right to commission after agreement termination
10. Termination: Conditions and process for early termination of the agreement
11. Representations and Warranties: Standard declarations by both parties regarding authority, capacity, and compliance
12. Governing Law: Specification of Philippine law as governing law and jurisdiction
13. General Provisions: Standard clauses including notices, amendments, entire agreement, etc.
1. Multiple Listing Service: Include when the property will be listed on MLS systems - specifies terms of listing
2. Digital Marketing Authorization: Include when specific digital marketing strategies will be employed
3. International Marketing: Include when property will be marketed to international buyers
4. Property Management: Include if broker will provide property management services during listing
5. Co-Brokerage: Include terms for working with other brokers while maintaining exclusivity
6. Force Majeure: Include specific provisions for unexpected events affecting performance
7. Confidentiality: Include when dealing with high-value or sensitive properties
1. Schedule A - Property Details: Detailed description of the property, including legal description, title information, and current condition
2. Schedule B - Commission Structure: Detailed breakdown of commission calculations and payment scenarios
3. Schedule C - Marketing Plan: Specific marketing strategies and commitments by the broker
4. Schedule D - Property Documentation: List of all property-related documents provided by owner
5. Appendix 1 - Broker's License: Copy of broker's current PRC license and certifications
6. Appendix 2 - Property Photos: Current photographs and floor plans of the property
7. Appendix 3 - Service Level Agreement: Detailed performance metrics and service standards
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Residential Property
Industrial Property
Retail Property
Hospitality
Land Development
Property Investment
Property Management
Construction
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Operations
Marketing
Property Management
Asset Management
Contract Administration
Relevant Roles
Real Estate Broker
Property Manager
Real Estate Agent
Sales Director
Business Development Manager
Property Developer
Real Estate Attorney
Compliance Officer
Contract Manager
Legal Counsel
Real Estate Operations Manager
Sales Manager
Marketing Director
Asset Manager
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