Commission Sharing Agreement (Real Estate) Template for Philippines

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Key Requirements PROMPT example:

Commission Sharing Agreement (Real Estate)

"Need a Commission Sharing Agreement (Real Estate) under Philippine law for a 60-40 split arrangement between our brokerage firm and independent agents, covering both residential and commercial properties, with specific provisions for luxury properties valued over PHP 50 million."

Document background
The Commission Sharing Agreement (Real Estate) is essential for real estate professionals in the Philippines who wish to formalize their commission-sharing arrangements in compliance with local regulations. This document is typically used when two or more licensed real estate professionals or agencies agree to collaborate on property transactions and share the resulting commissions. It must comply with the Real Estate Service Act (RESA) of the Philippines, Professional Regulatory Commission requirements, and relevant tax regulations. The agreement becomes particularly important in scenarios involving co-broking arrangements, referral relationships, or when brokers from different agencies collaborate on property transactions. It typically includes detailed provisions about commission calculations, payment schedules, professional responsibilities, and dispute resolution mechanisms, all within the framework of Philippine real estate law.
Suggested Sections

1. Parties: Identifies the real estate professionals or entities entering into the agreement, including their license numbers and professional details

2. Background: Explains the context of the agreement, including the parties' qualifications and desire to collaborate

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

4. Scope of Agreement: Defines the nature of the collaboration and the properties or transactions covered

5. Commission Structure: Details the agreed-upon commission split percentages and calculation methods

6. Payment Terms: Specifies when and how commission payments will be processed between parties

7. Parties' Obligations: Outlines the responsibilities and duties of each party in the collaboration

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

9. Confidentiality: Addresses the handling of confidential information shared between parties

10. Governing Law: Confirms Philippine law as governing law and relevant jurisdiction

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

12. Execution: Formal closing and signature blocks for all parties

Optional Sections

1. Non-Compete Clause: Optional restrictions on working with other brokers or in specific areas - used when parties want to ensure exclusive collaboration

2. Marketing and Advertising: Details how marketing costs and efforts will be shared - relevant when parties plan joint marketing activities

3. Training and Support: Outlines any training or support obligations between parties - useful for mentor-mentee relationships

4. Insurance Requirements: Specifies required insurance coverage - important for high-value properties or complex arrangements

5. Assignment Rights: Details whether and how rights under the agreement can be assigned - relevant for larger brokerages

6. Force Majeure: Addresses unforeseen circumstances affecting performance - particularly relevant post-COVID

Suggested Schedules

1. Schedule A - Property List: Details of specific properties covered by the agreement

2. Schedule B - Commission Structure: Detailed breakdown of commission percentages for different transaction types or value ranges

3. Schedule C - Required Documentation: List of documents required for commission processing and compliance

4. Schedule D - Professional Credentials: Copies of relevant licenses and certifications

5. Appendix 1 - Standard Operating Procedures: Detailed procedures for handling transactions and commission calculations

6. Appendix 2 - Compliance Requirements: Summary of relevant RESA and AMLC requirements affecting the agreement

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

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Property Management

Real Estate Investment

Commercial Real Estate

Residential Real Estate

Real Estate Consulting

Property Services

Relevant Teams

Real Estate Sales

Business Development

Legal

Compliance

Finance

Operations

Commission Administration

Transaction Processing

Broker Relations

Property Management

Relevant Roles

Real Estate Broker

Real Estate Agent

Property Manager

Real Estate Sales Director

Broker Associate

Managing Broker

Real Estate Franchise Owner

Real Estate Compliance Officer

Business Development Manager

Real Estate Operations Manager

Transaction Coordinator

Commission Administrator

Industries
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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