The Tenant Agency Agreement serves as the foundational document establishing the professional relationship between property owners and real estate agents in the Philippines. This agreement becomes necessary when property owners wish to delegate the responsibilities of finding suitable tenants, negotiating lease terms, and potentially managing their properties to qualified professionals. The document must comply with the Real Estate Service Act (RESA) and the Civil Code of the Philippines, which govern real estate practice and agency relationships respectively. A properly structured Tenant Agency Agreement protects both parties' interests by clearly defining the scope of authority, services to be provided, commission structures, and legal obligations. It is particularly important in the Philippine context where real estate transactions must adhere to specific regulatory requirements and local property laws.
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1. Parties: Identifies the property owner (Principal) and the real estate agent/agency (Agent), including their complete legal names, addresses, and contact information
2. Background: Explains the context of the agreement, including the owner's desire to engage an agent to find suitable tenants and/or manage the property
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Appointment and Scope of Authority: Details the official appointment of the agent and defines the extent of their authority to act on behalf of the property owner
5. Agent's Services and Responsibilities: Comprehensive list of services to be provided by the agent, including marketing, tenant screening, lease preparation, etc.
6. Principal's Obligations: Outlines the property owner's responsibilities, including providing necessary information and documentation
7. Fees and Commission Structure: Details the agent's compensation, including commission rates, payment terms, and any additional fees
8. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party
9. Liability and Indemnification: Addresses the allocation of risks and responsibilities between parties
10. Confidentiality: Provisions regarding the handling of confidential information and data privacy compliance
11. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and establishes jurisdiction for dispute resolution
12. Execution: Formal closing section with signature blocks for all parties
1. Property Management Services: Detailed section for cases where the agent will also provide ongoing property management services
2. Insurance Requirements: Specific insurance obligations when the agent is responsible for maintaining certain types of coverage
3. Marketing Budget and Plans: Detailed marketing provisions when specific marketing commitments are required
4. Sub-Agency Provisions: Rules regarding the agent's ability to appoint sub-agents, if permitted
5. Emergency Protocols: Procedures for handling emergency situations, particularly relevant for property management services
6. Rent Collection and Financial Reporting: Detailed procedures for handling rental payments and financial reporting when agent provides these services
7. Dispute Resolution: Alternative dispute resolution procedures such as mediation or arbitration
1. Schedule A - Property Details: Detailed description of the property(ies) covered by the agreement, including address, type, and specifications
2. Schedule B - Fee Schedule: Detailed breakdown of all fees, commissions, and payment structures
3. Schedule C - Services Specification: Detailed list of services to be provided by the agent, including any service level agreements
4. Schedule D - Required Documentation: List of documents required from both parties for proper execution of services
5. Schedule E - Approved Rental Terms: Standard terms and conditions pre-approved by the owner for potential lease agreements
6. Appendix 1 - Property Photos and Floor Plans: Visual documentation of the property condition and layout
7. Appendix 2 - Marketing Materials Template: Pre-approved templates and formats for property marketing materials
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Residential Property
Commercial Property
Retail Property
Industrial Property
Hospitality
Property Development
Professional Services
Legal Services
Relevant Teams
Legal
Real Estate
Property Management
Operations
Compliance
Business Development
Facilities
Administration
Finance
Risk Management
Relevant Roles
Real Estate Broker
Property Manager
Legal Counsel
Real Estate Agent
Property Owner
Asset Manager
Leasing Manager
Operations Manager
Contract Administrator
Compliance Officer
Business Development Manager
Property Administrator
Facilities Manager
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