Agency Agreement For Sale Of Residential Property for Philippines

Agency Agreement For Sale Of Residential Property Template for Philippines

This document establishes a legal relationship between a property owner and a licensed real estate agent/broker in the Philippines for the sale of residential property. It is governed by Philippine law, particularly the Real Estate Service Act (RESA) of 2009, and outlines the terms and conditions under which the agent will market and sell the property, including commission structures, responsibilities of both parties, and compliance requirements. The agreement incorporates specific provisions required by Philippine real estate laws, including mandatory disclosures, anti-money laundering compliance, and professional licensing requirements.

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What is a Agency Agreement For Sale Of Residential Property?

The Agency Agreement For Sale Of Residential Property is a crucial document used in the Philippine real estate market when a property owner wishes to engage a professional real estate agent or broker to sell their residential property. This agreement is essential for compliance with the Real Estate Service Act (RESA) of 2009 and other relevant Philippine laws governing real estate transactions. It establishes the scope of the agent's authority, outlines marketing responsibilities, defines commission structures, and includes necessary provisions for legal compliance. The document is particularly important as it protects both the property owner and the agent by clearly defining their respective rights, obligations, and expectations throughout the sales process. It should be used whenever a formal agency relationship is established for residential property sales in the Philippines, ensuring all parties understand their roles and responsibilities while maintaining compliance with local regulations.

What sections should be included in a Agency Agreement For Sale Of Residential Property?

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

2. Background: Establishes the context of the agreement, including brief property description and the owner's intention to sell through an agent

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

4. Appointment and Scope: Details the appointment of the agent and specific services to be provided, including whether it's an exclusive or non-exclusive arrangement

5. Property Details: Comprehensive description of the property, including its location, specifications, and selling price

6. Agent's Rights and Obligations: Lists the agent's responsibilities, including marketing efforts, showing the property, and maintaining professional standards

7. Principal's Rights and Obligations: Outlines the property owner's responsibilities, including providing accurate information and maintaining the property

8. Commission Structure: Details the commission rate, payment terms, and conditions for when commission becomes payable

9. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party

10. Representations and Warranties: Contains statements of fact and guarantees from both parties regarding their capacity and authority

11. Compliance with Laws: Addresses compliance with RESA, AMLA, and other relevant Philippine laws

12. Confidentiality: Establishes obligations regarding confidential information shared during the agency relationship

13. Dispute Resolution: Outlines the process for resolving disputes between parties

14. General Provisions: Contains standard clauses including notices, entire agreement, amendments, and governing law

What sections are optional to include in a Agency Agreement For Sale Of Residential Property?

1. Multiple Agents Clause: Used when multiple agents may be involved in the sale, defining their relationships and commission sharing

2. International Sales: Additional provisions for marketing to international buyers, including foreign ownership restrictions

3. Digital Marketing Authorization: Specific permissions and requirements for online marketing and virtual showings

4. Property Management: Additional terms if the agent will manage the property while it's being marketed

5. Post-Termination Obligations: Protection clauses for deals initiated during the agency period but concluded after termination

6. Force Majeure: Provisions for unexpected events that may affect the performance of the agreement

What schedules should be included in a Agency Agreement For Sale Of Residential Property?

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

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

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

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

5. Appendix 1 - Agent's Credentials: Copies of agent's RESA license and other relevant certifications

6. Appendix 2 - Property Photos and Floor Plans: Visual documentation of the property

7. Appendix 3 - Required Disclosure Forms: Standard disclosure forms required under Philippine real estate laws

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Housing and Construction

Professional Services

Relevant Teams

Legal

Real Estate

Sales

Compliance

Operations

Business Development

Contract Administration

Property Management

Document Control

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Legal Counsel

Compliance Officer

Real Estate Director

Sales Manager

Property Sales Executive

Contract Administrator

Real Estate Operations Manager

Business Development Manager

Property Consultant

Industries
Real Estate Service Act of 2009 (RESA) - Republic Act No. 9646: Governs the licensing and professional conduct of real estate service practitioners, including real estate brokers and agents. Defines the scope of real estate service and requirements for practicing real estate service in the Philippines.
Civil Code of the Philippines - Republic Act No. 386: Provides the fundamental legal framework for contracts, obligations, and property rights in the Philippines. Particularly relevant are provisions on agency (Book IV), contracts (Book IV), and property (Book II).
Maceda Law - Republic Act No. 6552: Provides protection to buyers in installment sales of real estate, including rights of buyers in case of default and cancellation of contracts.
Anti-Money Laundering Act (AMLA) - Republic Act No. 9160: Requires real estate brokers to report covered and suspicious transactions related to property sales to prevent money laundering through real estate transactions.
Consumer Act of the Philippines - Republic Act No. 7394: Protects consumers in real estate transactions, including provisions on fair and honest representations about properties and services.
Local Government Code - Republic Act No. 7160: Governs local regulations affecting real estate transactions, including zoning laws and local permits required for property transfers.
Tax Code of the Philippines - Republic Act No. 8424: Covers various taxes applicable to real estate transactions, including capital gains tax, documentary stamp tax, and other related taxes.
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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