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Commercial Real Estate Broker Agreement for Philippines

Commercial Real Estate Broker Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the professional relationship between a property owner/seller and a licensed real estate broker for the marketing, sale, or lease of commercial real estate properties. The document outlines the broker's authority, responsibilities, commission structure, and compliance requirements under the Real Estate Service Act of 2009 (RESA) and other relevant Philippine regulations. It includes specific provisions for marketing strategies, property representation, commission terms, and the obligations of both parties while ensuring adherence to local real estate practices and anti-money laundering requirements.

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Commercial Real Estate Broker Agreement

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What is a Commercial Real Estate Broker Agreement?

The Commercial Real Estate Broker Agreement is essential for establishing professional relationships in Philippine commercial real estate transactions. This document is typically used when property owners seek to engage licensed real estate brokers for marketing and facilitating the sale or lease of commercial properties. It must comply with the Real Estate Service Act of 2009 (RESA) and other Philippine regulations, including anti-money laundering laws. The agreement covers crucial aspects such as broker authority, marketing responsibilities, commission structures, property representation terms, and compliance requirements. It's particularly important for high-value commercial transactions where professional representation is crucial for market reach and regulatory compliance. The document serves as a protective mechanism for all parties by clearly defining roles, responsibilities, and compensation terms while ensuring alignment with Philippine legal requirements.

What sections should be included in a Commercial Real Estate Broker Agreement?

1. Parties: Identifies the property owner/seller and the licensed real estate broker, including their complete legal names, addresses, and licensing details as required by Philippine law

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

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Commission', 'Qualified Transaction', and other relevant terms

4. Appointment and Scope of Authority: Details the broker's appointment, whether exclusive or non-exclusive, and the specific powers granted to market and facilitate transactions

5. Broker's Services and Obligations: Comprehensive list of services the broker will provide, including marketing, showing property, negotiating, and documentation

6. Property Owner's Obligations: Specifies the owner's responsibilities, including providing accurate information, access to the property, and necessary documentation

7. Commission Structure: Details the commission rates, payment terms, and conditions for when commission becomes due

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

9. Representations and Warranties: Statements of fact and guarantees from both parties, including broker's licensing status and owner's authority to sell

10. Compliance with Laws: Commitment to comply with Philippine real estate laws, anti-money laundering regulations, and other applicable legislation

11. Confidentiality: Obligations regarding confidential information and property details

12. Dispute Resolution: Process for resolving disagreements, including jurisdiction under Philippine law

13. General Provisions: Standard clauses including notices, amendments, waiver, and severability

What sections are optional to include in a Commercial Real Estate Broker Agreement?

1. Multiple Listing Service: Include when the property will be listed on MLS platforms, specifying terms of listing and information sharing

2. Co-Brokerage: Add when cooperation with other brokers is anticipated, including commission splitting arrangements

3. Marketing Budget: Include when specific marketing commitments and cost-sharing arrangements need to be detailed

4. Virtual Tours and Digital Marketing: Add when specific digital marketing strategies and virtual showing requirements are needed

5. International Marketing: Include for properties targeting international investors, including specific foreign marketing requirements

6. Property Management Services: Add when the broker will provide additional property management services during the marketing period

7. Post-Sale Services: Include when the broker will assist with post-transaction matters like documentation or regulatory compliance

What schedules should be included in a Commercial Real Estate Broker Agreement?

1. Schedule A - Property Details: Detailed description of the property, including legal description, title information, and current condition

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

3. Schedule C - Marketing Plan: Specific marketing strategies, timeline, and commitments

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

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

6. Appendix 2 - Property Photos and Plans: Current photographs, floor plans, and technical drawings of the property

7. Appendix 3 - Required Disclosures: Standard disclosures required under Philippine real estate laws and regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions





























Clauses









































Relevant Industries

Commercial Real Estate

Retail

Office Space

Industrial Property

Hospitality

Mixed-Use Development

Logistics

Warehousing

Manufacturing

Healthcare Facilities

Shopping Centers

Business Parks

Relevant Teams

Real Estate

Legal

Compliance

Business Development

Operations

Asset Management

Property Management

Facilities Management

Investment

Risk Management

Corporate Services

Acquisitions

Finance

Contract Administration

Relevant Roles

Real Estate Broker

Property Manager

Commercial Property Director

Asset Manager

Real Estate Investment Manager

Business Development Manager

Property Portfolio Manager

Facilities Manager

Real Estate Legal Counsel

Compliance Officer

Real Estate Operations Manager

Acquisitions Manager

Corporate Real Estate Manager

Chief Real Estate Officer

Property Development Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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