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Net Brokerage Agreement Template for Philippines

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Key Requirements PROMPT example:

Net Brokerage Agreement

"I need a Net Brokerage Agreement for my Manila-based real estate agency that includes an exclusive territory arrangement and allows for sub-agents, with a commission structure specifically for luxury residential properties over 50 million pesos."

Document background
This Net Brokerage Agreement template is designed for use in the Philippine real estate market, where brokerage relationships are governed by the Real Estate Service Act (RESA) and related regulations. The document is essential when establishing a professional relationship between licensed brokers and their clients, whether they are property owners, developers, or investors. It specifically addresses the net brokerage fee structure, where the commission is calculated after accounting for certain deductions or expenses. The agreement includes comprehensive provisions for broker duties, client obligations, payment terms, and regulatory compliance requirements specific to the Philippine jurisdiction. It's particularly relevant in scenarios where transparency in fee structures and clear delineation of responsibilities is crucial for both parties.
Suggested Sections

1. Parties: Identification of the broker and the principal, including their complete legal names, addresses, and registration/license details

2. Background: Context of the agreement, including the broker's qualifications and the principal's intention to engage brokerage services

3. Definitions: Key terms used throughout the agreement, including 'Net Brokerage Fee', 'Property', 'Transaction', and other relevant terms

4. Appointment and Scope: Terms of the broker's appointment and detailed description of authorized services

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Broker's Rights and Obligations: Detailed responsibilities of the broker, including marketing efforts, reporting requirements, and compliance obligations

7. Principal's Rights and Obligations: Principal's responsibilities, including providing necessary information and cooperation

8. Commission Structure: Detailed explanation of the net brokerage fee calculation, payment terms, and conditions for commission earning

9. Representations and Warranties: Standard declarations by both parties regarding authority, capacity, and compliance

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, and dispute resolution

Optional Sections

1. Exclusivity: Used when the broker is granted exclusive rights to represent the principal

2. Sub-Agents: Include when the broker is permitted to appoint sub-agents or referral partners

3. International Transactions: Required for cross-border transactions or international clients

4. Digital Marketing: Specific provisions for online marketing and social media promotion

5. Anti-Money Laundering Compliance: Detailed AML procedures when dealing with high-value transactions

6. Force Majeure: Include specific provisions for unforeseen circumstances affecting performance

7. Data Protection: Detailed privacy provisions when handling sensitive personal information

Suggested Schedules

1. Schedule A - Commission Rate Card: Detailed breakdown of commission rates for different types of transactions

2. Schedule B - Property Details: Specific properties covered under the agreement, if applicable

3. Schedule C - Marketing Plan: Detailed marketing strategy and activities to be undertaken

4. Schedule D - Broker's License and Credentials: Copies of relevant licenses and professional certifications

5. Schedule E - Reporting Templates: Standard forms for activity reports and transaction documentation

6. Appendix 1 - Code of Ethics: Professional standards and ethical guidelines to be followed

7. Appendix 2 - Compliance Checklist: Required documentation and procedures for regulatory compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 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

Commercial Property

Residential Property

Industrial Property

Retail Property

Property Investment

Property Management

Construction

Urban Development

Relevant Teams

Legal

Compliance

Real Estate

Sales

Business Development

Operations

Property Management

Contracts Administration

Risk Management

Investment

Relevant Roles

Real Estate Broker

Property Manager

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Agent

Transaction Manager

Commercial Director

Property Development Manager

Investment Manager

Operations 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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