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Listing Agent Contract for Philippines

Listing Agent Contract Template for Philippines

A Listing Agent Contract is a formal agreement under Philippine law that establishes the professional relationship between a property owner and a licensed real estate agent or broker. The document, governed by the Real Estate Service Act (RESA) and related Philippine regulations, outlines the terms under which the agent will market and sell/lease the property, including commission structures, responsibilities of both parties, and the duration of the listing. It includes specific provisions required by Philippine law regarding real estate practice, professional licensing requirements, and consumer protection measures.

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What is a Listing Agent Contract?

The Listing Agent Contract serves as the foundational document for professional real estate services in the Philippines, establishing the terms and conditions under which a licensed real estate agent or broker will market and facilitate the sale or lease of a property. This contract type is essential for compliance with the Real Estate Service Act (RESA) and related Philippine regulations, which require formal documentation of the agent-client relationship. It is used when property owners wish to engage professional real estate services, typically including detailed property information, commission structures, marketing commitments, and duration of the listing. The document must incorporate specific elements required by Philippine law, including proper licensing details, consumer protection provisions, and compliance with anti-money laundering regulations. It's particularly important in both residential and commercial real estate transactions, providing legal protection for all parties involved and establishing clear performance expectations.

What sections should be included in a Listing Agent Contract?

1. Parties: Identifies the property owner (the 'Principal') and the licensed real estate broker/agent (the 'Agent'), including their complete details and license numbers

2. Background: Establishes the context: owner's desire to sell/lease the property and agent's qualifications to provide real estate services

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

4. Appointment and Authority: Formally appoints the agent and outlines the scope of authority granted by the property owner

5. Property Details: Complete description of the property being listed, including its location, specifications, and current condition

6. Listing Terms: Specifies the listing price, listing period, and any specific terms of sale/lease

7. Agent's Obligations: Details the services to be provided by the agent, including marketing efforts and reporting requirements

8. Owner's Obligations: Outlines the owner's responsibilities, including providing accurate information and property access

9. Commission Structure: Specifies the commission rate, payment terms, and conditions for commission eligibility

10. Term and Termination: Duration of the agreement and conditions for early termination

11. Representations and Warranties: Statements of fact by both parties regarding their authority, the property's condition, and other material facts

12. Governing Law: Specifies that Philippine law governs the agreement and references relevant real estate regulations

13. Execution: Signature block with attestation requirements under Philippine law

What sections are optional to include in a Listing Agent Contract?

1. Exclusivity Clause: Used when the agreement is exclusive, preventing the owner from engaging other agents

2. Protection Period: Added when requiring a period after termination during which the agent remains entitled to commission for specific prospects

3. Property Management Services: Included when the agent will also provide property management services

4. Digital Marketing Provisions: Details specific online marketing strategies and platforms to be used

5. Multiple Listing Service: Included when the property will be listed on multiple listing services

6. International Marketing: Added for high-value properties requiring international marketing efforts

7. Force Majeure: Included to address unforeseen circumstances that may affect the agreement's performance

8. Dispute Resolution: Optional detailed arbitration or mediation procedures

What schedules should be included in a Listing Agent Contract?

1. Schedule A - Property Details: Detailed property description, including lot area, floor area, improvements, and technical specifications

2. Schedule B - Property Documents: List of all property-related documents provided by the owner

3. Schedule C - Commission Structure: Detailed breakdown of commission rates and payment terms

4. Schedule D - Marketing Plan: Specific marketing activities and timeline proposed by the agent

5. Schedule E - Property Photos: Current photographs of the property documenting its condition

6. Appendix 1 - Agent's License: Copy of the agent's current PRC license and certifications

7. Appendix 2 - Property Title: Copy of the current property title or lease documents

8. Appendix 3 - Tax Declarations: Current tax declarations and receipts for the property

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

Agency Agreement

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Property Management

Construction

Housing Development

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Sales

Compliance

Property Management

Business Development

Operations

Documentation

Contract Administration

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Legal Counsel

Compliance Officer

Property Owner

Real Estate Director

Sales Manager

Business Development Manager

Contract Administrator

Property Developer

Real Estate Consultant

Documentation Specialist

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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