Non Exclusive Buyer Representation Agreement Template for Philippines

This document establishes a non-exclusive representation arrangement between a property buyer and a real estate agent/broker in the Philippines, governed by Philippine law and compliant with the Real Estate Service Act (RESA). It outlines the agent's services, compensation structure, and obligations while preserving the buyer's right to work with other agents. The agreement includes specific provisions for property search criteria, commission terms, and service scope, while incorporating requirements under Philippine real estate regulations and consumer protection laws. It provides flexibility for the buyer while protecting the agent's interests when successfully identifying suitable properties.

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What is a Non Exclusive Buyer Representation Agreement?

The Non-Exclusive Buyer Representation Agreement is essential in Philippine real estate transactions where buyers wish to maintain flexibility in their property search while still securing professional representation. This document, governed by Philippine law and the Real Estate Service Act (RESA), is typically used when buyers want to work with multiple agents simultaneously while ensuring clear terms of engagement with each agent. It includes detailed provisions about service scope, commission structures, and agent obligations, while protecting both parties' interests under Philippine law. The agreement is particularly useful in competitive real estate markets where buyers need multiple channels to access property opportunities, while providing agents with clear parameters for their services and compensation terms.

What sections should be included in a Non Exclusive Buyer Representation Agreement?

1. Parties: Identifies the real estate broker/agent and the buyer, including complete contact details and license information as required by RESA

2. Background: Explains the context of the agreement, including the buyer's desire to engage the agent's services on a non-exclusive basis

3. Definitions: Defines key terms used in the agreement including 'Property Requirements', 'Commission', 'Non-Exclusive Arrangement', and 'Service Period'

4. Scope of Services: Details the specific services the agent will provide to the buyer, including property search, evaluation, and negotiation assistance

5. Non-Exclusive Nature: Explicitly states that the buyer may work with other agents and defines the circumstances under which the agent is entitled to compensation

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

7. Commission Structure: Outlines the agent's compensation terms, including when and how commission becomes payable

8. Agent's Obligations: Lists the agent's duties, responsibilities, and standard of care

9. Buyer's Obligations: Specifies the buyer's responsibilities, including providing accurate information and communicating property requirements

10. Confidentiality: Addresses the handling of confidential information shared during the engagement

11. Governing Law: Specifies that Philippine law governs the agreement and references relevant real estate regulations

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

13. General Provisions: Includes standard clauses such as notices, amendments, and severability

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

1. Special Requirements: Used when the buyer has specific property requirements or preferences that need detailed documentation

2. International Considerations: Include when the buyer is a foreign national, addressing additional requirements under Philippine law

3. Multiple Buyers: Required when there are multiple buyers acting jointly

4. Property Type Specifics: Include when focusing on specific types of properties (commercial, residential, industrial) with unique considerations

5. Financing Contingencies: Add when the buyer's property search is contingent on specific financing arrangements

6. Due Diligence Services: Include when the agent will provide extended due diligence assistance beyond standard services

What schedules should be included in a Non Exclusive Buyer Representation Agreement?

1. Schedule A - Buyer's Property Requirements: Detailed list of the buyer's property specifications, preferences, and requirements

2. Schedule B - Commission Structure: Detailed breakdown of commission rates and payment terms

3. Schedule C - Scope of Services: Comprehensive list of specific services to be provided by the agent

4. Appendix 1 - Agent's Credentials: Copies of agent's license, certifications, and professional credentials as required by RESA

5. Appendix 2 - Buyer Information Form: Standard form collecting all required buyer information and preferences

6. Appendix 3 - Property Viewing Log: Template for recording properties shown to the buyer by the agent

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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