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Exclusive Listing Agreement for Philippines

Exclusive Listing Agreement Template for Philippines

An Exclusive Listing Agreement under Philippine law is a legally binding contract between a property owner and a licensed real estate broker or brokerage firm, governed by the Real Estate Service Act (RESA) of the Philippines. This agreement grants the broker exclusive rights to market and sell/lease the specified property for a defined period. The document outlines commission structures, marketing responsibilities, property details, and obligations of both parties while ensuring compliance with Philippine real estate regulations, including PRC guidelines and anti-money laundering requirements.

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What is a Exclusive Listing Agreement?

The Exclusive Listing 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 broker or brokerage firm. This agreement type is regulated under the Real Estate Service Act (RESA) and must comply with Philippine property laws and Professional Regulation Commission requirements. The document is particularly important in establishing clear terms for professional real estate services, protecting both the property owner's interests and the broker's right to commission. It typically includes detailed property information, marketing terms, commission structures, and service obligations, while ensuring compliance with local real estate regulations and anti-money laundering requirements. This agreement type is commonly used for both residential and commercial properties, particularly in professional real estate transactions where dedicated marketing efforts and professional representation are required.

What sections should be included in a Exclusive Listing Agreement?

1. Parties: Identifies the property owner (the 'Client') and the licensed real estate broker or brokerage firm (the 'Broker'), including their complete legal names, addresses, and contact information

2. Background: Establishes the context of the agreement, stating that the Client owns or has authority to sell/lease the property and wishes to engage the Broker's services

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Listing Period', 'Listing Price', 'Commission', and other relevant terms

4. Appointment of Broker: Formally establishes the exclusive right of the Broker to market and sell/lease the property, including the scope of authority granted

5. Property Details: Comprehensive description of the property, including address, title details, tax declaration number, and other relevant property information

6. Listing Period: Specifies the duration of the exclusive listing agreement, including start and end dates

7. Listing Price: States the agreed-upon listing price or range for the property

8. Broker's Commission: Details the commission rate, payment terms, and conditions under which commission becomes payable

9. Broker's Obligations: Lists the services and duties the Broker commits to perform in marketing and selling the property

10. Client's Obligations: Outlines the property owner's responsibilities, including providing accurate information and maintaining the property

11. Marketing Authorization: Grants specific permissions for advertising, signage, and promotion of the property

12. Termination: Specifies conditions and procedures for early termination of the agreement

13. Governing Law: States that the agreement is governed by Philippine law and identifies jurisdiction for dispute resolution

14. Execution: Formal closing section with signature blocks for all parties

What sections are optional to include in a Exclusive Listing Agreement?

1. Protection Period: Defines a period after agreement termination during which the Broker remains entitled to commission for specific prospects - include when standard in the market

2. Virtual Tours/Digital Marketing: Specific provisions for digital marketing and virtual showings - relevant for properties marketing to international buyers or during restrictions

3. Multiple Units: Additional provisions for listing multiple units or properties under one agreement - use when listing multiple properties

4. International Marketing: Specific provisions for marketing to international buyers - include when targeting foreign investors

5. Property Management: Additional services related to property management if offered - include for rental properties or vacant properties

6. Force Majeure: Provisions for unforeseen circumstances preventing performance - increasingly common post-pandemic

7. Confidentiality: Specific provisions for maintaining confidentiality - important for high-value or sensitive properties

What schedules should be included in a Exclusive Listing Agreement?

1. Schedule A - Property Description: Detailed technical description of the property, including lot area, floor area, boundaries, and improvements

2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the Broker

3. Schedule C - Commission Structure: Detailed breakdown of commission rates and payment terms, including any sliding scales or special conditions

4. Schedule D - Property Documents: List of all property documents provided by the Client to the Broker

5. Appendix 1 - Property Photos: Recent photographs of the property in its current condition

6. Appendix 2 - Property Title: Copy of the property title and tax declaration

7. Appendix 3 - Broker's License: Copy of the Broker's PRC license and other relevant certifications

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses




































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Mixed-Use Development

Agriculture (for agricultural land)

Construction

Relevant Teams

Legal

Real Estate

Sales

Compliance

Business Development

Operations

Marketing

Asset Management

Property Management

Contract Administration

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Business Development Manager

Sales Director

Property Developer

Real Estate Consultant

Contract Administrator

Real Estate Marketing Manager

Asset Manager

Property Portfolio Manager

Real Estate Operations Manager

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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