Agreement Between Broker And Owner Template for Philippines

A comprehensive legal agreement governed by Philippine law, particularly the Real Estate Service Act (RESA) of 2009, that establishes the professional relationship between a property owner and a licensed real estate broker. This document outlines the terms and conditions under which the broker will market and facilitate the sale or lease of the owner's property, including commission structures, service obligations, and compliance requirements. It incorporates specific provisions required by Philippine regulations, including broker licensing requirements, professional standards, and consumer protection measures.

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What is a Agreement Between Broker And Owner?

The Agreement Between Broker And Owner is a fundamental document in Philippine real estate transactions, designed to protect the interests of both property owners and licensed real estate brokers. This agreement is essential when a property owner wishes to engage a professional broker's services for selling or leasing their property in the Philippines. The document must comply with the Real Estate Service Act (RESA) of 2009 and related Philippine regulations, which set strict requirements for broker qualifications and professional conduct. It typically includes detailed provisions about the property, scope of services, commission structures, marketing strategies, and legal obligations. This agreement is particularly important in the Philippine context as it helps ensure transparency in real estate transactions and provides a clear framework for the professional relationship between owners and brokers, while addressing specific local market practices and regulatory requirements.

What sections should be included in a Agreement Between Broker And Owner?

1. Parties: Identifies and provides full details of the Property Owner and the Licensed Real Estate Broker, including their respective addresses and license/registration numbers

2. Background: Establishes the context of the agreement, including the owner's intention to sell/lease the property and the broker's qualifications

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

4. Appointment and Authority: Formally establishes the broker's appointment and specifies the scope of authority granted by the owner

5. Property Details: Comprehensive description of the property including location, boundaries, and title information

6. Broker's Services and Obligations: Details the specific services to be provided by the broker including marketing, showing property, negotiating, etc.

7. Owner's Obligations: Outlines the owner's responsibilities including providing accurate information, maintaining the property, etc.

8. Commission Structure: Specifies the broker's commission rate, payment terms, and conditions for commission eligibility

9. Term and Termination: Defines the duration of the agreement and conditions for termination

10. Representations and Warranties: States the parties' representations regarding authority, property ownership, and broker's qualifications

11. Confidentiality: Addresses the handling of confidential information and privacy requirements

12. Compliance with Laws: Confirms adherence to RESA Law and other applicable regulations

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

14. General Provisions: Includes standard clauses such as notices, amendments, governing law, etc.

What sections are optional to include in a Agreement Between Broker And Owner?

1. Multiple Listing Service: Include when the property will be listed on MLS platforms

2. Co-Brokerage: Include when cooperation with other brokers is anticipated, defining commission sharing

3. Digital Marketing Authorization: Include when specific digital marketing strategies will be employed

4. Property Management: Include when the broker will provide property management services

5. International Marketing: Include when targeting international buyers/tenants

6. Exclusive Right to Sell/Lease: Include when the agreement is exclusive rather than non-exclusive

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

What schedules should be included in a Agreement Between Broker And Owner?

1. Schedule A - Property Description: Detailed description of the property including technical specifications, floor plans, and photographs

2. Schedule B - Commission Structure: Detailed breakdown of commission rates, payment schedules, and special circumstances

3. Schedule C - Marketing Plan: Comprehensive marketing strategy and timeline

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

5. Appendix 1 - Broker's License and Credentials: Copies of broker's professional license and certifications

6. Appendix 2 - Property Title Documents: Copies of property ownership documents

7. Appendix 3 - Service Level Agreement: Detailed performance metrics and service standards

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use

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