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Agency Agreement For The Sale Of Residential Property Template for Philippines

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Key Requirements PROMPT example:

Agency Agreement For The Sale Of Residential Property

"I need an Agency Agreement For The Sale Of Residential Property for my luxury beachfront villa in Boracay, with an exclusive 6-month listing period starting March 1, 2025, including international marketing provisions and a tiered commission structure based on the final selling price."

Document background
The Agency Agreement For The Sale Of Residential Property is a crucial document in Philippine real estate transactions, designed to establish and regulate the professional relationship between property owners and licensed real estate agents. This agreement is essential when a property owner wishes to engage a professional to market and sell their residential property in the Philippines. It must comply with several key pieces of legislation, including the Real Estate Service Act (RA 9646), the Civil Code of the Philippines, and relevant Professional Regulatory Commission guidelines. The document typically includes detailed provisions on agent authority, commission structures, marketing strategies, and obligations of both parties, while incorporating specific requirements under Philippine law such as mandatory disclosures and licensing requirements. It serves as both a legal protection and operational framework for the agency relationship.
Suggested Sections

1. Parties: Identifies the principal (property owner) and the agent (licensed real estate broker/agency), including their complete legal names, addresses, and license details for the agent

2. Background: Explains the context of the agreement, including brief property details and the owner's intention to sell through an agent

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Listing Price', 'Commission', 'Exclusive Agency', etc.

4. Appointment and Scope of Authority: Details the appointment of the agent and the specific powers granted to them in representing the property sale

5. Property Details: Comprehensive description of the property, including address, title details, and relevant characteristics

6. Listing Price and Commission: Specifies the agreed listing price range and the agent's commission structure, including when and how it becomes payable

7. Term and Termination: Defines the duration of the agreement, renewal provisions, and circumstances for termination

8. Agent's Obligations: Lists all duties and responsibilities of the agent, including marketing efforts, showing the property, and reporting requirements

9. Principal's Obligations: Outlines the property owner's responsibilities, including providing access, maintaining the property, and disclosure requirements

10. Marketing and Advertising: Details the agreed marketing strategy, including types of advertising and associated costs

11. Representations and Warranties: Statements of fact and guarantees from both parties regarding their capacity and authority

12. Liability and Indemnification: Addresses risk allocation between parties and insurance requirements

13. Dispute Resolution: Outlines the process for resolving disputes, including mediation or arbitration procedures

14. Governing Law: Specifies that Philippine law governs the agreement and relevant jurisdictional matters

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

Optional Sections

1. Multiple Listing Service: Include when the property will be listed on MLS platforms, detailing specific terms and conditions

2. Co-Brokerage: Include when cooperation with other agents/brokers is permitted, specifying commission sharing arrangements

3. Digital Marketing Rights: Include specific provisions for online marketing, social media, and virtual tours when relevant

4. Property Management: Include if the agent will provide property management services during the selling period

5. International Marketing: Include when targeting international buyers, specifying additional marketing efforts and requirements

6. Post-Sale Services: Include if the agent will provide assistance after sale agreement signing

7. Exclusivity Carve-outs: Include when certain potential buyers are excluded from the exclusive arrangement

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property, including lot area, floor plans, improvements, and technical specifications

2. Schedule B - Marketing Plan: Comprehensive marketing strategy and timeline, including specific advertising channels and budget allocation

3. Schedule C - Commission Structure: Detailed breakdown of commission rates, payment terms, and any variable components

4. Schedule D - Property Documents: List of all relevant property documents, certificates, and permits

5. Schedule E - Disclosure Statement: Required disclosures about property condition, defects, or legal issues

6. Appendix 1 - Agent's License and Credentials: Copies of the agent's professional license, certifications, and relevant credentials

7. Appendix 2 - Property Photos and Floor Plans: Visual documentation of the property's current condition and layout

8. Appendix 3 - Standard Operating Procedures: Procedures for property viewings, offer submissions, and communication protocols

Authors

Alex Denne

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

Relevant legal definitions






































Clauses






























Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Property Management

Construction

Professional Services

Residential Property

Housing Development

Relevant Teams

Legal

Real Estate

Sales

Compliance

Risk Management

Operations

Business Development

Documentation

Contract Administration

Property Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Director

Sales Manager

Business Development Manager

Property Sales Consultant

Real Estate Transaction Coordinator

Documentation Specialist

Risk Manager

Real Estate Operations Manager

Corporate Counsel

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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