The Sole Selling Agent Agreement For (Real Estate) is a crucial document in Philippine real estate transactions that establishes an exclusive agency relationship for property sales. This agreement is typically used when property owners wish to ensure focused, dedicated marketing efforts through a single agent, avoiding potential conflicts and market confusion from multiple agents. The document must comply with the Real Estate Service Act of 2009 (RESA), the Civil Code of the Philippines, and other relevant real estate regulations. It's particularly important in high-value property transactions or when specialized marketing expertise is required. The agreement includes comprehensive details about commission structures, marketing strategies, property details, and the specific obligations of both parties, while ensuring all activities align with Philippine real estate laws and professional practice requirements.
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Key Requirements PROMPT example:
Sole Selling Agent Agreement For (Real Estate)
"I need a Sole Selling Agent Agreement For (Real Estate) for my luxury beachfront property in Boracay, with provisions for international marketing and a minimum guarantee of PHP 50 million sale price, including special commission structures for sales above the asking price."
1. Parties: Identifies the property owner (Principal) and the licensed real estate broker/agency (Agent), including their complete legal names, addresses, and license details as required by RESA
2. Background: Establishes the context of the agreement, including brief description of the property and the owner's intention to sell through an exclusive agent
3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Exclusive Period', 'Gross Sale Price', 'Commission', etc.
4. Appointment and Scope: Clearly states the exclusive appointment of the agent and detailed scope of authority, including specific activities authorized
5. Term and Exclusivity: Specifies the duration of the exclusive agency period and conditions for renewal or extension
6. Agent's Rights and Obligations: Details the agent's responsibilities, including marketing efforts, showing the property, negotiating with prospects, and reporting requirements
7. Principal's Rights and Obligations: Outlines the property owner's commitments, including providing necessary documentation and maintaining the property
8. Commission Structure: Specifies the commission rate, calculation method, and payment terms, including any minimum guaranteed commission
9. Property Price and Terms: States the agreed listing price and acceptable terms of sale
10. Marketing and Promotion: Details the agreed marketing strategy and promotional activities
11. Termination: Specifies grounds for termination, notice requirements, and post-termination obligations
12. Governing Law and Dispute Resolution: States Philippine law as governing law and outlines dispute resolution procedures
1. Protection Period: Defines a period after agreement termination during which the agent is entitled to commission for buyers they introduced - include when requested by the agent
2. Sub-Agents: Provisions regarding the appointment and management of sub-agents - include when the agent may need to work with other licensed professionals
3. International Marketing: Specific provisions for marketing to international buyers - include when targeting foreign investors
4. Property Management: Additional services related to property management during the selling period - include when the property is vacant or requires maintenance
5. Digital Marketing Rights: Specific provisions about online marketing, virtual tours, and digital content ownership - include for high-value properties requiring extensive digital marketing
6. Force Majeure: Provisions for unforeseen circumstances preventing performance - include when requested or in uncertain market conditions
1. Schedule A - Property Details: Detailed description of the property including lot area, floor area, title details, tax declaration, and current encumbrances
2. Schedule B - Marketing Plan: Detailed marketing strategy, timeline, and budget allocation
3. Schedule C - Commission Structure: Detailed breakdown of commission rates, payment terms, and any special commission arrangements
4. Schedule D - Property Documentation: List of all property-related documents provided by the owner
5. Appendix 1 - Property Photos and Floor Plans: Current photographs of the property and architectural plans
6. Appendix 2 - Agent's Credentials: Copies of agent's PRC license, certifications, and proof of authority to practice
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Industrial Property
Luxury Real Estate
Property Investment
Construction
Urban Development
Relevant Teams
Legal
Real Estate
Sales
Marketing
Business Development
Compliance
Property Management
Asset Management
Contract Administration
Documentation
Relevant Roles
Real Estate Broker
Property Owner
Real Estate Agent
Property Developer
Real Estate Manager
Legal Counsel
Compliance Officer
Sales Director
Marketing Manager
Property Manager
Business Development Manager
Contract Administrator
Real Estate Consultant
Asset Manager
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