Exclusive Brokerage Listing Agreement

Exclusive Brokerage Listing Agreement Template for Philippines

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Key Requirements PROMPT example:

"I need an Exclusive Brokerage Listing Agreement for my 3-bedroom residential property in Manila, with a 6-month listing period starting January 2025, including digital marketing provisions and a 5% commission structure."

Document background

The Exclusive Brokerage Listing Agreement is a crucial document in Philippine real estate transactions, used when property owners wish to establish an exclusive relationship with a licensed real estate broker for the sale or lease of their property. This agreement, regulated under the Real Estate Service Act (RESA) of 2009 and related Philippine legislation, provides the broker with the sole right to market and sell/lease the property during a specified period. It includes detailed provisions on property description, listing price, commission rates, marketing strategies, and both parties' obligations. The document is particularly important in the Philippine context as it helps ensure professional handling of property transactions while protecting both the property owner's and broker's interests under local law. This type of agreement is commonly used for both residential and commercial properties, especially in cases where sophisticated marketing strategies and professional representation are required.

Suggested Sections

1. Parties: Identifies the property owner (Client) and the licensed real estate broker (Broker), including their complete legal names, addresses, and licensing details for the broker

2. Background: Explains the context of the agreement, stating the Client's intention to sell/lease the property and the Broker's professional capacity

3. Definitions: Defines key terms used throughout the agreement, including 'Exclusive Right to Sell/Lease', 'Property', 'Listing Period', and 'Commission'

4. Appointment and Scope: Establishes the exclusive appointment of the broker and details the scope of authority granted

5. Property Details: Describes the subject property, including its complete legal description and current condition

6. Listing Period: Specifies the duration of the exclusive listing agreement, including start and end dates

7. Listing Price: States the agreed listing price or rental rate for the property

8. Broker's Commission: Details the commission rate, payment terms, and conditions for when commission becomes due

9. Broker's Obligations: Lists the specific services and duties the broker will perform

10. Client's Obligations: Outlines the property owner's responsibilities and commitments

11. Termination: Specifies conditions and procedures for early termination of the agreement

12. Governing Law: States that the agreement is governed by Philippine law and references relevant regulations

13. Execution: Formal closing section with signature blocks for all parties

Optional Sections

1. Protection Period: Defines a period after agreement termination during which the broker is entitled to commission for specific prospects - include when standard in the market

2. Marketing Budget: Specifies any agreed marketing expenses and who will bear them - include when marketing costs are shared

3. Multiple Listing Service: Details participation in MLS systems - include if MLS is available and will be used

4. Virtual Tours and Digital Marketing: Specifies terms for online marketing and virtual showings - include for properties requiring digital promotion

5. International Marketing: Details international marketing efforts and related costs - include for high-end properties or those targeting foreign buyers

6. Force Majeure: Addresses unforeseen circumstances preventing performance - include in longer-term agreements

7. Dispute Resolution: Specifies mediation or arbitration procedures - include for high-value properties

Suggested Schedules

1. Schedule A - Property Description: Detailed property description including lot area, floor area, boundaries, and technical specifications

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

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

4. Schedule D - Commission Structure: Detailed breakdown of commission rates and payment terms

5. Appendix 1 - Property Photos: Current photographs of the property

6. Appendix 2 - Broker's License and Credentials: Copies of broker's professional license and relevant certifications

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Property Development

Commercial Property Management

Residential Property Management

Retail

Industrial

Hospitality

Office Space Management

Land Development

Agriculture (for agricultural land)

Manufacturing (for industrial properties)

Logistics and Warehousing

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Operations

Compliance

Facilities Management

Asset Management

Contract Administration

Corporate Secretariat

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Legal Counsel

Corporate Secretary

Business Development Manager

Asset Manager

Property Development Manager

Real Estate Director

Facilities Manager

Contract Manager

Compliance Officer

Real Estate Operations Manager

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