The Exclusive Rights To Sell Agreement is a crucial document in Philippine real estate transactions, used when a property owner wishes to grant sole selling rights to a specific real estate professional or agency. This type of agreement is commonly used for both residential and commercial properties, particularly when a coordinated and focused marketing approach is desired. The document must comply with Philippine legislation, including the Real Estate Service Act (RESA) and the Civil Code of the Philippines, and typically includes detailed provisions about marketing responsibilities, commission structures, property pricing, and the duration of exclusivity. It's especially valuable when the property requires specialized marketing expertise or when the owner wants to ensure a single, coordinated selling strategy. The agreement provides security for the broker's investment in marketing while giving the owner confidence in a dedicated sales approach.
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1. Parties: Identifies the property owner (the 'Principal') and the licensed real estate broker/agent (the 'Agent'), including their complete details and licenses
2. Background: Outlines the context of the agreement, including brief property description and the owner's intention to sell through an exclusive arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Exclusive Period', 'Selling Price', and 'Commission'
4. Grant of Exclusive Rights: Details the exclusive authorization granted to the Agent to market and sell the property
5. Duration of Agreement: Specifies the time period for which the exclusive rights are granted
6. Agent's Rights and Obligations: Lists the broker's responsibilities, including marketing efforts, showing the property, and reporting requirements
7. Principal's Rights and Obligations: Outlines the property owner's commitments, including providing necessary documentation and property access
8. Commission Structure: Details the agreed commission rate, payment terms, and conditions for commission earning
9. Property Price: States the agreed listing price and conditions for price adjustments
10. Termination: Specifies conditions under which the agreement can be terminated by either party
11. Governing Law: Confirms that the agreement is governed by Philippine law
12. Signatures: Space for parties to execute the agreement with appropriate witnessing
1. Protection Period: Defines a period after agreement termination during which the Agent remains entitled to commission for specific buyers - include when requested by the Agent
2. Sub-Agents: Provisions for allowing and regulating the appointment of sub-agents - include when the Agent may need to work with other brokers
3. International Marketing: Specific provisions for marketing the property internationally - include for high-value properties or those targeting foreign buyers
4. Digital Marketing Rights: Detailed provisions about online marketing and virtual showings - include for modern marketing campaigns
5. Force Majeure: Provisions for unforeseen circumstances preventing performance - include for longer-term agreements
6. Dispute Resolution: Specific procedures for handling disputes - include for high-value properties or at parties' request
1. Property Details Schedule: Detailed description of the property including lot area, improvements, titles, and certificates
2. Marketing Plan: Detailed marketing strategy and activities to be undertaken by the Agent
3. Commission Calculation Examples: Illustrations of how commission will be calculated in various scenarios
4. Property Documents Checklist: List of all required documents to be provided by the Principal
5. Agency Credentials: Copies of Agent's licenses, certifications, and track record
6. Property Photos and Plans: Official photographs and floor plans of the property
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