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Commercial Real Estate Broker Fee Agreement for Philippines

Commercial Real Estate Broker Fee Agreement Template for Philippines

This document establishes the terms and conditions for broker compensation in commercial real estate transactions within the Philippines, complying with the Real Estate Service Act (RESA) of 2009 and related Philippine regulations. It outlines the broker's commission structure, payment terms, scope of services, and responsibilities while protecting both the property owner's and broker's interests. The agreement includes specific provisions for the Philippine market, such as PRC licensing requirements, local market practices, and relevant tax considerations for real estate transactions.

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What is a Commercial Real Estate Broker Fee Agreement?

The Commercial Real Estate Broker Fee Agreement is essential for formalizing the compensation arrangement between property owners and licensed real estate brokers in the Philippines. This document is typically used when engaging a broker to market, sell, or lease commercial properties, ensuring compliance with the Real Estate Service Act (RESA) of 2009 and other Philippine regulations. It establishes the broker's commission rate, payment terms, scope of services, and performance expectations while protecting both parties' interests. The agreement is particularly important in the Philippine context where real estate transactions must adhere to specific regulatory requirements, including proper licensing and professional certification. It serves as a crucial tool for preventing disputes by clearly defining the terms of the broker-client relationship and the conditions under which commissions become payable.

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

1. Parties: Identifies the parties to the agreement: the Client (property owner/lessor) and the Broker, including their complete legal names, addresses, and registration/license details

2. Background: Establishes the context of the agreement, including the Client's intention to sell/lease the property and the Broker's qualifications and PRC license status

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Commission', 'Exclusive Right', 'Qualified Prospect', etc.

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

5. Property Details: Specific description of the commercial property, including location, size, title details, and any relevant zoning information

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

7. Client's Obligations: Outlines the property owner's responsibilities, including providing accurate information and reasonable access to the property

8. Commission Structure: Details the commission rate, calculation method, and circumstances under which commission becomes payable

9. Payment Terms: Specifies when and how commission payments will be made, including any installment arrangements

10. Term and Termination: Duration of the agreement and conditions for termination by either party

11. Representations and Warranties: Standard declarations by both parties regarding their authority, the property's status, and broker's qualifications

12. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and designates jurisdiction for dispute resolution

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

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

1. Protection Period: Defines a period after agreement termination during which the broker remains entitled to commission for specific prospects - include when requested by broker

2. Sub-Agents: Terms governing the broker's right to engage sub-agents or cooperating brokers - include for larger properties or when broker has a team

3. Marketing Budget: Specifies any marketing expenses and who bears them - include when marketing costs are shared or reimbursed

4. Success Bonus: Additional compensation for exceeding target price or expedited sale - include for high-value properties

5. Indemnification: Mutual or one-way indemnification provisions - include for high-value transactions or at client's request

6. Confidentiality: Detailed confidentiality obligations - include for sensitive commercial properties or at client's request

7. Force Majeure: Provisions for unforeseen circumstances affecting performance - include during uncertain market conditions

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

1. Schedule A - Property Description: Detailed description of the property, including legal description, fixtures, and equipment included

2. Schedule B - Commission Schedule: Detailed breakdown of commission rates, including any sliding scales or special circumstances

3. Schedule C - Marketing Plan: Detailed marketing strategy and timeline for the property

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

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

6. Appendix 2 - Property Photos and Plans: Current photographs and floor plans 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) @ 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

Broker Agreement

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Commercial Real Estate

Retail

Office Space

Industrial

Hospitality

Mixed-Use Development

Warehouse and Logistics

Healthcare Facilities

Educational Institutions

Restaurant and Food Service

Shopping Centers and Malls

Relevant Teams

Real Estate

Property Management

Legal

Operations

Asset Management

Facilities

Business Development

Investment

Finance

Risk Management

Compliance

Acquisitions

Relevant Roles

Real Estate Broker

Property Manager

Commercial Property Owner

Real Estate Director

Leasing Manager

Asset Manager

Facilities Manager

Real Estate Investment Manager

Business Development Manager

Commercial Property Consultant

Real Estate Operations Manager

Chief Real Estate Officer

Portfolio Manager

Acquisitions 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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