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Exclusive Seller Representation Agreement Template for Philippines

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Key Requirements PROMPT example:

Exclusive Seller Representation Agreement

"I need an Exclusive Seller Representation Agreement for a luxury beachfront resort property in Boracay, Philippines, with special provisions for international marketing and a requirement that the broker must achieve a minimum sale price of 500M PHP within 6 months starting March 2025."

Document background
The Exclusive Seller Representation Agreement is a crucial document in Philippine real estate transactions, designed to establish a professional and legally protected relationship between property owners and licensed real estate brokers. This agreement, governed by the Real Estate Service Act (RESA) and related Philippine regulations, is typically used when a property owner wants to ensure focused, dedicated representation by a single broker or brokerage firm. The document includes essential elements such as the scope of exclusive representation, commission structures, marketing commitments, and compliance requirements with Philippine real estate laws. It provides protection for both parties by clearly defining roles, responsibilities, and expectations while ensuring adherence to professional standards and local legal requirements. The agreement is particularly important in the Philippine context where real estate transactions must follow specific regulatory frameworks and professional practice standards.
Suggested Sections

1. Parties: Identifies the property owner (Seller) and the licensed real estate broker, including their complete details and professional credentials

2. Background: Establishes the context: seller's ownership of the property, intention to sell, and desire to engage a professional broker

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

4. Appointment and Scope: Clearly states the exclusive appointment of the broker and details the scope of services to be provided

5. Duration of Agreement: Specifies the term of the exclusive representation, including start and end dates

6. Listing Price: States the agreed listing price and any conditions for price adjustments

7. Broker's Rights and Obligations: Details the broker's responsibilities, marketing commitments, and reporting obligations

8. Seller's Rights and Obligations: Outlines the seller's commitments, including providing accurate information and property access

9. Commission Structure: Specifies the commission rate, payment terms, and conditions for commission earning

10. Property Information: Contains declarations about the property's condition and any known issues

11. Termination: States the conditions and process for early termination of the agreement

12. Governing Law: Confirms the agreement is governed by Philippine law and RESA regulations

13. Dispute Resolution: Outlines the process for resolving any disputes between parties

14. Execution: Formal closing section with signature blocks and witnessing requirements

Optional Sections

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

2. International Marketing: Additional provisions for marketing the property internationally - include for high-value properties

3. Digital Marketing Authorization: Specific permissions for online marketing and social media - include for modern marketing campaigns

4. Multiple Properties: Additional provisions for representing multiple properties - include when seller has multiple properties

5. Confidentiality: Detailed confidentiality provisions - include for high-profile sellers or sensitive properties

6. Force Majeure: Provisions for unforeseen circumstances - include in uncertain market conditions

7. Sub-Agents: Terms for allowing and managing sub-agents - include when broker network involvement is anticipated

Suggested Schedules

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

2. Schedule B - Marketing Plan: Comprehensive marketing strategy and activities to be undertaken by the broker

3. Schedule C - Commission Schedule: Detailed breakdown of commission structure, including any sliding scales or special conditions

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

5. Appendix 1 - Broker's License and Credentials: Copies of broker's professional licenses and certifications

6. Appendix 2 - Property Photos and Floor Plans: Visual documentation of the property

7. Appendix 3 - Service Level Agreement: Detailed performance metrics and service standards

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

Residential Real Estate

Commercial Real Estate

Industrial Real Estate

Luxury Real Estate

Agricultural Real Estate

Resort and Hospitality Properties

Mixed-Use Development

Retail Properties

Office Properties

Land Development

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Contract Administration

Property Management

Asset Management

Transaction Management

Relevant Roles

Real Estate Broker

Property Owner

Real Estate Agent

Real Estate Manager

Property Manager

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Real Estate Operations Manager

Contract Administrator

Property Developer

Real Estate Portfolio Manager

Asset Manager

Transaction 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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