Buyer Tenant Representation Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes an exclusive relationship between a prospective tenant/buyer and a licensed real estate broker or agency. The document outlines the terms under which the broker will represent the client's interests in searching for, evaluating, and negotiating the lease or purchase of property. It complies with the Real Estate Service Act (RESA) and related Philippine regulations, detailing the scope of services, compensation structure, and obligations of both parties while providing protection for the client's interests in the Philippine real estate market.

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What is a Buyer Tenant Representation Agreement?

The Buyer Tenant Representation Agreement is a crucial document in Philippine real estate transactions, designed to protect the interests of parties seeking to lease or purchase property through professional representation. This agreement, regulated by the Real Estate Service Act (RESA) and related Philippine legislation, establishes an exclusive relationship between the client and a licensed real estate broker. It is commonly used when companies or individuals require professional assistance in their property search, ensuring they receive dedicated, professional representation in the market. The document typically includes detailed provisions for services, compensation, confidentiality, and professional obligations, reflecting both local market practices and regulatory requirements. It serves as the foundation for the professional relationship between the broker and client, ensuring clarity of expectations and compliance with Philippine real estate laws and regulations.

What sections should be included in a Buyer Tenant Representation Agreement?

1. Parties: Identifies and provides complete details of the Principal (prospective tenant/buyer) and the Real Estate Broker/Agency

2. Background: Explains the context of the agreement, including the Principal's intention to lease/purchase property and the Broker's qualifications

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Appointment and Scope of Services: Details the exclusive appointment of the broker and comprehensive list of services to be provided

5. Term and Termination: Specifies the duration of the agreement and conditions for termination

6. Broker's Obligations: Lists all duties and responsibilities of the broker, including property search, negotiations, and advisory services

7. Principal's Obligations: Outlines the client's responsibilities, including providing accurate information and cooperating with the broker

8. Compensation: Details the broker's fees, commission structure, and payment terms

9. Confidentiality: Addresses the handling and protection of confidential information shared during the engagement

10. Representations and Warranties: Contains statements of fact and promises made by both parties

11. Limitation of Liability: Defines the extent and limitations of the broker's liability

12. General Provisions: Includes standard clauses such as governing law, notices, and entire agreement

What sections are optional to include in a Buyer Tenant Representation Agreement?

1. Property Requirements: Used when the client has specific property requirements that need to be documented

2. Success Fee Structure: Included when there are additional performance-based fees beyond the standard commission

3. Multiple Market Coverage: Added when the search extends to multiple cities or regions in the Philippines

4. Special Authority: Included when the broker needs specific additional authorities beyond standard services

5. Project Management Services: Used when the broker will provide additional services related to property fit-out or renovation

6. Conflict Resolution: Added when parties want to specify detailed dispute resolution procedures beyond standard court jurisdiction

7. Sub-Agency Provisions: Included when the broker may need to engage other brokers or agents

8. Insurance Requirements: Added when specific insurance coverage needs to be maintained by either party

What schedules should be included in a Buyer Tenant Representation Agreement?

1. Schedule A - Service Level Agreement: Detailed breakdown of services to be provided and associated timelines

2. Schedule B - Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

3. Schedule C - Property Requirements: Detailed specifications of the type, size, location, and features of properties to be considered

4. Schedule D - Authorized Representatives: List of authorized representatives from both parties who can make decisions

5. Schedule E - Excluded Properties: List of properties excluded from the agreement

6. Appendix 1 - Required Documents: List of documents required from the Principal for property transactions

7. Appendix 2 - Broker's Credentials: Copies of broker's license, certifications, and relevant credentials

8. Appendix 3 - Standard Forms: Standard forms and templates to be used during the engagement

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Publisher

GenieAI

Document Type

Broker Agreement

Cost

Free to use

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