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Agency Listing Agreement for Philippines

Agency Listing Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions under which a property owner authorizes a real estate agent or broker to market and sell/lease their property. The document complies with the Real Estate Service Act (RESA) and related Philippine regulations, detailing the scope of the agent's authority, commission structure, marketing obligations, and the duration of the listing relationship. It includes specific provisions for property representation, pricing strategy, and the responsibilities of both parties while incorporating local legal requirements for real estate transactions.

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What is a Agency Listing Agreement?

The Agency Listing Agreement serves as a fundamental document in Philippine real estate transactions, establishing the professional relationship between property owners and real estate agents/brokers. This document is essential when property owners wish to engage professional representation for selling or leasing their property, whether residential, commercial, or industrial. The agreement must comply with the Real Estate Service Act (RESA) of 2009 and other relevant Philippine regulations, including requirements from the Professional Regulation Commission. It typically includes detailed specifications about the property, listing price, commission structures, marketing strategies, and the duration of the agency relationship. The document is particularly important in the Philippine context as it provides legal protection for both parties and ensures compliance with local real estate practice requirements, including anti-money laundering provisions and professional licensing standards.

What sections should be included in a Agency Listing Agreement?

1. Parties: Identifies the property owner (Principal) and the real estate agency/broker (Agent), including their complete details and licenses as required by RESA

2. Background: Explains the context of the agreement, including the owner's intention to sell/lease the property and the agent's qualifications

3. Definitions: Defines key terms used throughout the agreement including but not limited to Property, Listing Period, Commission, and Qualified Buyer

4. Appointment of Agent: Formal appointment of the agent and specification of whether the listing is exclusive or non-exclusive

5. Property Details: Complete description of the property being listed, including its legal description and current condition

6. Listing Price and Terms: Specified listing price and acceptable terms of sale/lease as authorized by the owner

7. Commission Structure: Detailed breakdown of the agent's commission, including rate, payment terms, and conditions for commission eligibility

8. Agent's Obligations: Comprehensive list of services to be provided by the agent, including marketing efforts and reporting requirements

9. Owner's Obligations: Owner's responsibilities including providing accurate information, property access, and cooperation with the agent

10. Term and Termination: Duration of the listing agreement and conditions for termination or renewal

11. Representations and Warranties: Statements of fact by both parties regarding their authority, the property's condition, and legal compliance

12. Governing Law: Specifies that the agreement is governed by Philippine law and relevant real estate regulations

13. Dispute Resolution: Process for resolving disputes between parties, including mediation or arbitration procedures

14. Execution: Signature block with formal execution requirements as per Philippine law

What sections are optional to include in a Agency Listing Agreement?

1. Multiple Listing Service: Include when the property will be listed in MLS systems, specifying terms and conditions

2. International Marketing: Add when the property will be marketed to international buyers, including specific marketing commitments

3. Property Management: Include for agreements that combine listing with property management services

4. Digital Marketing Rights: Add when specific digital marketing and social media provisions are needed

5. Co-Brokerage Terms: Include when cooperation with other brokers is anticipated, specifying commission sharing

6. Special Conditions: Add for properties with unique features or requirements (heritage properties, commercial zones, etc.)

7. Force Majeure: Include specific provisions for circumstances beyond control (particularly relevant post-COVID)

What schedules should be included in a Agency Listing Agreement?

1. Schedule A - Property Description: Detailed technical description of the property, including lot area, boundaries, and improvements

2. Schedule B - Property Documents: List of all property-related documents provided by the owner

3. Schedule C - Marketing Plan: Detailed marketing strategy and commitments by the agent

4. Schedule D - Commission Calculator: Detailed breakdown of commission calculations under various scenarios

5. Schedule E - Property Photos: Official photographs of the property approved for marketing use

6. Appendix 1 - Required Disclosures: Mandatory disclosures required by Philippine real estate laws

7. Appendix 2 - Agent's Credentials: Copies of agent's license and certifications as required by RESA

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions









































Clauses








































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Mixed-Use Development

Construction

Property Investment

Real Estate Services

Relevant Teams

Legal

Real Estate Operations

Sales

Business Development

Compliance

Property Management

Asset Management

Client Relations

Marketing

Documentation

Contract Administration

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Business Development Manager

Sales Director

Property Developer

Real Estate Investment Manager

Asset Manager

Commercial Property Manager

Legal Counsel

Compliance Officer

Real Estate Operations Manager

Managing Director

Chief Executive Officer

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

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