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Exclusive Tenant Brokerage Agreement for Philippines

Exclusive Tenant Brokerage Agreement Template for Philippines

A legally binding agreement governed by Philippine law, specifically compliant with the Real Estate Service Act (RESA), that establishes an exclusive relationship between a licensed real estate broker and a prospective tenant. The agreement grants the broker sole and exclusive rights to represent the tenant in identifying, negotiating, and securing suitable property for lease. It outlines the scope of services, compensation structure, duration of exclusivity, and mutual obligations of both parties, while incorporating specific requirements of Philippine real estate regulations and contract law.

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Exclusive Tenant Brokerage Agreement

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What is a Exclusive Tenant Brokerage Agreement?

The Exclusive Tenant Brokerage Agreement is a crucial document in Philippine real estate transactions that protects both the broker's interests and the tenant's rights. This agreement is particularly important in the Philippine market where real estate transactions must comply with the Real Estate Service Act (RESA) and related regulations. It is used when a tenant seeks dedicated representation in their property search and wants to benefit from a broker's full attention and services. The agreement typically includes detailed provisions about property requirements, commission structures, and service scope, while ensuring compliance with Philippine broker licensing requirements. It's especially relevant in competitive markets where having exclusive representation can provide advantages in property negotiations and market access.

What sections should be included in a Exclusive Tenant Brokerage Agreement?

1. Parties: Identifies the licensed real estate broker and the client (prospective tenant), including their complete legal names, addresses, and licensing details for the broker

2. Background: Explains the context: client seeks to lease property and wants to engage broker's services exclusively

3. Definitions: Defines key terms used in the agreement including 'Exclusive Period', 'Property Requirements', 'Commission', 'Lease Transaction'

4. Appointment and Scope of Services: Details the exclusive appointment of the broker and comprehensive list of services to be provided

5. Term and Exclusivity: Specifies the duration of the agreement and confirms the exclusive nature of the arrangement

6. Broker's Obligations: Lists all duties and responsibilities of the broker including property search, negotiations, and reporting

7. Client's Obligations: Outlines client's responsibilities including providing accurate requirements, cooperating with broker, and maintaining exclusivity

8. Commission Structure: Details the broker's compensation, including rate, calculation method, and payment terms

9. Representations and Warranties: Contains statements of fact and guarantees from both parties

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

11. Termination: Specifies conditions and process for ending the agreement

12. Governing Law: Confirms Philippine law governs the agreement and specifies jurisdiction

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

What sections are optional to include in a Exclusive Tenant Brokerage Agreement?

1. Protection Period: Defines period after termination during which broker remains entitled to commission; include when standard in market

2. Sub-Agents: Addresses broker's right to engage sub-agents; include when broker operates through a team

3. Virtual Services: Specifies terms for remote property viewings and digital services; include when offering virtual tours

4. Force Majeure: Addresses unforeseeable circumstances preventing performance; important in uncertain times

5. Multiple Properties: Provisions for handling multiple property searches simultaneously; include for complex requirements

6. Insurance Requirements: Specifies required insurance coverage; include for high-value properties

7. Dispute Resolution: Details mediation/arbitration procedures; include when preferred over court litigation

What schedules should be included in a Exclusive Tenant Brokerage Agreement?

1. Schedule A - Property Requirements: Detailed specifications of client's property requirements including location, size, budget, and features

2. Schedule B - Commission Schedule: Detailed breakdown of commission rates and calculation methods for different scenarios

3. Schedule C - Broker's Services: Comprehensive list of specific services included in the broker's scope of work

4. Schedule D - Required Documents: List of documents client must provide for broker to perform services

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

6. Appendix 2 - Client Authorization: If client is a company, authorization documents for representative signing agreement

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

Broker Agreement

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Commercial Real Estate

Residential Real Estate

Retail

Industrial

Office Space

Hospitality

Mixed-Use Development

Healthcare Facilities

Educational Institutions

Logistics and Warehousing

Relevant Teams

Real Estate

Legal

Finance

Operations

Facilities Management

Compliance

Property Management

Corporate Services

Business Development

Risk Management

Relevant Roles

Real Estate Broker

Property Manager

Leasing Manager

Tenant Representative

Corporate Real Estate Manager

Facilities Manager

Real Estate Director

Chief Financial Officer

Legal Counsel

Compliance Officer

Operations Manager

Business 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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