The Real Estate Agent Agreement is a crucial document used in the Philippine real estate market to formalize the relationship between property owners and licensed real estate professionals. This agreement is essential when a property owner wishes to engage a professional to market, sell, or lease their property. It must comply with the Real Estate Service Act of 2009 (RESA) and other relevant Philippine regulations, including PRC requirements for licensed practitioners. The document typically includes detailed provisions on the scope of authority, commission structures, marketing responsibilities, and compliance requirements specific to the Philippine context. It's particularly important as it protects both parties' interests and ensures clarity in their professional relationship while adhering to local legal requirements and industry standards.
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1. Parties: Identifies the principal/property owner and the real estate agent/broker, including their complete legal names, addresses, and professional license details as required by Philippine regulations
2. Background: Contextual information about the property owner's intention to sell/lease the property and the agent's qualifications and license status
3. Definitions: Key terms used throughout the agreement, including specific real estate terminology and Philippine legal terms
4. Appointment and Scope of Authority: Details of the agent's appointment, whether exclusive or non-exclusive, and the specific powers granted to the agent
5. Property Details: Complete description of the property/properties covered by the agreement, including legal descriptions and title information
6. Agent's Duties and Responsibilities: Comprehensive list of services to be provided by the agent, including marketing, showing properties, negotiation, and documentation
7. Principal's Obligations: Property owner's responsibilities, including providing accurate information, access to the property, and necessary documentation
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission becoming due
9. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination
10. Compliance with Laws: Commitment to comply with Philippine real estate laws, anti-money laundering regulations, and other applicable legislation
11. Representations and Warranties: Standard declarations by both parties regarding their capacity, authority, and compliance with laws
12. Liability and Indemnification: Allocation of risks and responsibilities between the parties
13. Governing Law and Dispute Resolution: Specification of Philippine law as governing law and method of resolving disputes
14. General Provisions: Standard clauses including notices, amendments, assignment, and severability
1. Multiple Agent Coordination: Include when multiple agents may be involved in marketing the property, defining how they will coordinate and share commissions
2. International Marketing: Add when the property will be marketed to international buyers, including specific requirements and compliance with international regulations
3. Digital Marketing Authorization: Include specific provisions for online marketing, virtual tours, and social media promotion
4. Property Management Services: Add when the agent will provide additional property management services beyond sales/leasing
5. Confidentiality and Data Privacy: Enhanced privacy provisions when dealing with high-profile clients or sensitive information
6. Force Majeure: Include specific provisions for unexpected events that may affect the property market or agent's ability to perform
7. Post-Termination Obligations: Add when there's need to protect ongoing deals or commissions after agreement termination
1. Schedule A - Property Details: Detailed property information, including lot area, floor area, boundaries, and technical specifications
2. Schedule B - Commission Structure: Detailed breakdown of commission rates for different transaction types (sale, lease, etc.)
3. Schedule C - Marketing Plan: Specific marketing activities, timeline, and budget allocation
4. Schedule D - Required Documentation: List of necessary documents for property listing and sale/lease transactions
5. Schedule E - Property Photos and Floor Plans: Visual documentation of the property
6. Appendix 1 - Agent's Professional Credentials: Copies of license, certifications, and professional affiliations
7. Appendix 2 - Standard Operating Procedures: Detailed procedures for property showings, offer management, and transaction processing
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Industrial Property
Retail Property
Hospitality
Agriculture (for agricultural land)
Construction
Property Management
Financial Services
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Property Management
Marketing
Contract Administration
Investment
Operations
Relevant Roles
Real Estate Agent
Property Broker
Real Estate Sales Manager
Property Manager
Business Development Manager
Legal Counsel
Compliance Officer
Contract Administrator
Real Estate Director
Property Development Manager
Sales Director
Marketing Manager
Property Consultant
Real Estate Investment Advisor
Transaction Manager
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