The Estate Agency Agreement is a crucial document in Philippine real estate practice, used to formalize the professional relationship between property owners and licensed real estate service practitioners. This agreement is essential for compliance with the Real Estate Service Act (RESA) of 2009 and related Philippine regulations. It is typically used when a property owner wishes to engage a professional agent to market, sell, or lease their property, establishing clear terms of engagement, compensation, and service expectations. The document includes vital information about the property, scope of services, commission structures, and regulatory compliance requirements. It serves as a protective mechanism for both parties by clearly defining their rights, responsibilities, and obligations under Philippine law, while ensuring transparency in real estate transactions.
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1. Parties: Identification of the Principal (property owner) and the Agent (licensed real estate professional/agency), including their complete details and licenses
2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an agency relationship
3. Definitions: Key terms used throughout the agreement, including technical real estate terms and specific Filipino legal terminology
4. Appointment and Scope of Authority: Details of the agent's appointment and the specific powers granted by the principal
5. Property Details: Comprehensive description of the property subject to the agency agreement
6. Agent's Duties and Responsibilities: Detailed listing of all services and obligations the agent commits to perform
7. Principal's Obligations: Responsibilities and commitments of the property owner
8. Commission Structure: Clear terms of the agent's compensation, including rates, payment timing, and conditions
9. Term and Termination: Duration of the agreement and conditions for termination by either party
10. Confidentiality: Provisions regarding handling of confidential information and data privacy
11. Compliance with Laws: Commitment to comply with Philippine real estate laws and regulations
12. Dispute Resolution: Process for handling disagreements and specified jurisdiction
13. General Provisions: Standard clauses including notices, amendments, and severability
1. Multiple Property Provisions: Additional terms when the agreement covers multiple properties
2. International Marketing: Specific provisions for marketing the property to international buyers/tenants
3. Sub-Agency Authorization: Terms allowing the agent to appoint sub-agents
4. Online Marketing Provisions: Specific terms regarding digital marketing and online listings
5. Property Management Services: Additional terms if the agent will provide property management services
6. Exclusive Agency Terms: Special provisions for exclusive agency arrangements
7. Force Majeure: Provisions for unforeseen circumstances affecting performance
8. Anti-Money Laundering Compliance: Detailed procedures for compliance with AMLA requirements
1. Schedule A - Property Details: Detailed description of the property, including certificates of title, tax declarations, and technical specifications
2. Schedule B - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule C - Marketing Plan: Specific marketing strategies and activities to be undertaken by the agent
4. Schedule D - Required Documentation: List of necessary documents and certificates required for the property transaction
5. Schedule E - Service Level Agreement: Detailed performance metrics and service standards
6. Appendix 1 - Agent's Credentials: Copies of relevant licenses, certifications, and professional credentials
7. Appendix 2 - Property Photos and Plans: Visual documentation of the property
8. Appendix 3 - Standard Operating Procedures: Detailed procedures for handling viewings, offers, and transactions
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Residential Property
Commercial Property
Industrial Property
Retail Property
Hospitality
Property Management
Construction
Professional Services
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Operations
Property Management
Marketing
Client Relations
Asset Management
Transaction Management
Relevant Roles
Real Estate Broker
Property Manager
Real Estate Agent
Business Development Manager
Sales Director
Property Developer
Legal Counsel
Compliance Officer
Real Estate Consultant
Asset Manager
Portfolio Manager
Operations Manager
Transaction Manager
Marketing Manager
Client Relations Manager
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