The Exclusive Real Estate Agent Contract is a crucial document in Philippine real estate transactions, used when a property owner wishes to grant sole marketing and selling/leasing rights to a specific real estate professional or agency. This agreement, governed by Philippine law including RESA 2009 and relevant Civil Code provisions, provides security for real estate agents investing significant resources in marketing a property while ensuring property owners receive dedicated professional service. The document typically includes detailed terms about commission structures, marketing commitments, duration of exclusivity, and protection periods. It's particularly important in high-value property transactions or when comprehensive marketing campaigns are planned. The contract must comply with Philippine real estate regulations and should be notarized to ensure enforceability.
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1. Parties: Identification of the Property Owner/Seller and the Licensed Real Estate Agent/Broker, including their complete details and license numbers
2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease through an exclusive agent
3. Definitions: Key terms used in the agreement including 'Exclusive Agency', 'Property', 'Commission', 'Listing Period', etc.
4. Appointment and Scope: Formal appointment of the agent as exclusive representative and detailed scope of authorized services
5. Duration: Term of the exclusive agency agreement, including start and end dates
6. Agent's Rights and Obligations: Detailed responsibilities of the agent including marketing, showing property, negotiating, etc.
7. Owner's Rights and Obligations: Property owner's commitments, including providing accurate information and maintaining the property
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility
9. Marketing and Advertising: Agreed-upon marketing strategy and advertising commitments
10. Property Access: Terms for accessing and showing the property to potential buyers/tenants
11. Termination: Conditions and process for early termination of the agreement
12. Dispute Resolution: Process for resolving disagreements between parties
13. Governing Law: Specification of Philippine law as governing law and relevant jurisdictions
14. Execution: Signature blocks and execution requirements
1. Protection Period: Post-termination period during which the agent remains entitled to commission for specific prospects - include when requested by agent
2. Sub-Agents: Terms for engaging other agents or brokers - include when sub-agents may be needed
3. International Marketing: Specific provisions for marketing to international buyers - include for high-value properties
4. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies - include for properties requiring extensive online presence
5. Property Management: Additional services for managing the property - include when agent will provide property management services
6. Special Conditions: Any unique requirements or conditions specific to the property - include when property has unusual features or requirements
1. Schedule A - Property Details: Comprehensive description of the property, including legal description, title information, and current condition
2. Schedule B - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Schedule C - Marketing Plan: Detailed marketing strategy and timeline
4. Schedule D - Property Documents: List of all property-related documents provided by owner
5. Appendix 1 - Agent's License and Credentials: Copies of agent's professional license and relevant certifications
6. Appendix 2 - Property Photos and Floor Plans: Current photographs and floor plans of the property
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Property Development
Property Management
Real Estate Investment
Luxury Real Estate
Industrial Property
Agricultural Real Estate
Relevant Teams
Legal
Real Estate
Sales
Marketing
Business Development
Compliance
Operations
Property Management
Contract Administration
Document Management
Relevant Roles
Real Estate Agent
Real Estate Broker
Property Manager
Real Estate Attorney
Legal Counsel
Property Owner
Sales Director
Marketing Manager
Business Development Manager
Real Estate Investment Manager
Contract Administrator
Compliance Officer
Real Estate Operations Manager
Property Development Manager
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