The Real Estate Agent Agreement Contract is a fundamental document in Philippine real estate practice, essential for establishing professional relationships between property owners and licensed real estate practitioners. This agreement is required when a property owner wishes to engage a professional real estate agent or broker to market and sell/lease their property. The contract must comply with the Real Estate Service Act (RESA) of 2009, the Civil Code of the Philippines, and other relevant regulations governing real estate practice. It includes crucial details such as the agent's authority, commission structures, marketing responsibilities, and term of service. The document serves as a protective instrument for both parties, ensuring clear understanding of roles, responsibilities, and compensation terms while maintaining compliance with Philippine real estate laws and professional standards.
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1. Parties: Identifies the property owner (Principal) and the licensed real estate agent/broker (Agent), including their complete legal names, addresses, and professional license details
2. Background: Explains the context of the agreement, including the owner's intention to sell/lease the property and the agent's qualifications to provide real estate services
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Commission', 'Listing Period', and other relevant terms
4. Appointment and Authority: Formally establishes the agent's appointment and specifies the scope of authority granted by the property owner
5. Property Details: Describes the subject property, including its complete address, title details, and basic specifications
6. Agent's Services and Obligations: Details the specific services the agent will provide, including marketing, showing the property, and handling inquiries
7. Owner's Obligations: Outlines the property owner's responsibilities, including providing accurate information and maintaining the property
8. Commission Structure: Specifies the commission rate, payment terms, and conditions for commission eligibility
9. Term and Termination: States the duration of the agreement and conditions for termination by either party
10. Confidentiality: Establishes obligations regarding confidential information and client privacy
11. Governing Law: Specifies that the agreement is governed by Philippine law and relevant real estate regulations
12. Dispute Resolution: Outlines the process for resolving disputes between parties
13. Execution: Formal closing section for signatures, dates, and witness details
1. Multiple Listing Service: Include when the property will be listed on MLS platforms, specifying terms of listing and data sharing
2. Digital Marketing Authorization: Include when specific digital marketing strategies and social media promotions will be employed
3. Co-Brokerage Terms: Include when cooperation with other agents/brokers is anticipated, specifying commission sharing arrangements
4. Property Management Services: Include when the agent will also provide property management services for rental properties
5. International Marketing: Include when the property will be marketed to international buyers, specifying additional services and requirements
6. Special Property Conditions: Include when the property has unique features or conditions requiring special handling or disclosure
1. Schedule A - Property Details: Detailed description of the property, including lot area, floor area, improvements, and technical specifications
2. Schedule B - Commission Structure: Detailed breakdown of commission rates, payment schedules, and special commission arrangements
3. Schedule C - Marketing Plan: Comprehensive marketing strategy and timeline for promoting the property
4. Schedule D - Property Documents: List of all property-related documents provided by the owner to the agent
5. Appendix 1 - Agent's License and Credentials: Copies of the agent's professional license, certifications, and relevant credentials
6. Appendix 2 - Property Photos and Floor Plans: Official property photographs, floor plans, and visual materials for marketing use
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