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Exclusive Brokerage Contract for Philippines

Exclusive Brokerage Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes an exclusive relationship between a licensed real estate broker and a property owner/developer. This contract grants the broker sole and exclusive rights to market, sell, or lease specified real estate properties for a defined period. The document complies with the Real Estate Service Act of the Philippines (RA 9646) and includes detailed provisions for commission structures, marketing obligations, term of exclusivity, and the specific responsibilities of both parties. It provides legal protection for the broker's exclusive right to represent the property while ensuring the property owner's interests are protected through defined performance standards.

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What is a Exclusive Brokerage Contract?

The Exclusive Brokerage Contract is a crucial document in Philippine real estate transactions, used when a property owner wishes to grant sole marketing and selling rights to a specific broker or agency. This agreement is particularly important in the Philippine market where establishing clear, exclusive representation rights helps prevent multiple broker conflicts and ensures focused marketing efforts. The contract must comply with the Real Estate Service Act (RA 9646) and related Philippine regulations, making it essential for both commercial and residential property transactions. Typically used for high-value properties or development projects, the Exclusive Brokerage Contract includes specific provisions for commission structures, marketing commitments, property details, and term of exclusivity. It provides legal protection for both the broker's investment in marketing the property and the owner's interests in achieving a successful sale or lease.

What sections should be included in a Exclusive Brokerage Contract?

1. Parties: Identifies the broker and the property owner/client, including their complete legal names, addresses, and license details for the broker

2. Background: Explains the context of the agreement, including the client's desire to sell/lease property and the broker's qualifications

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

4. Appointment and Scope: Establishes the exclusive appointment of the broker and defines the specific services to be provided

5. Term and Exclusivity: Specifies the duration of the agreement and confirms the exclusive nature of the brokerage relationship

6. Property Details: Detailed description of the property subject to the brokerage agreement

7. Broker's Rights and Obligations: Comprehensive list of the broker's duties, responsibilities, and authorized activities

8. Client's Rights and Obligations: Details the property owner's responsibilities and commitments during the agreement period

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

10. Marketing and Promotion: Outlines the agreed marketing strategy and promotional activities

11. Termination: States the conditions and process for terminating the agreement

12. Governing Law: Confirms Philippine law as governing law and jurisdiction

13. Signatures: Formal execution section with date and signatures

What sections are optional to include in a Exclusive Brokerage Contract?

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

2. Sub-Agents: Provisions regarding the appointment and management of sub-agents - include when broker may need to engage other agents

3. International Marketing: Specific provisions for international marketing efforts - include for high-value properties or when targeting foreign investors

4. Digital Marketing Rights: Detailed provisions about online marketing and social media - include for modern marketing campaigns

5. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer arbitration over court proceedings

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

7. Confidentiality: Detailed confidentiality provisions - include for high-profile clients or sensitive properties

What schedules should be included in a Exclusive Brokerage Contract?

1. Property Schedule: Detailed description of the property including legal description, title details, and any encumbrances

2. Commission Schedule: Detailed breakdown of commission structures for different transaction types or values

3. Marketing Plan: Detailed marketing strategy and timeline

4. Authorized Price Schedule: Agreed listing price and any authorized variations

5. Property Documentation: List of all property-related documents provided by the client

6. Broker's Team: List of authorized representatives and sub-agents if applicable

7. Marketing Materials: Approved property descriptions, photographs, and marketing materials

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions



































Clauses







































Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Mixed-Use Development

Construction

Property Development

Property Investment

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Asset Management

Property Management

Marketing

Contracts Administration

Relevant Roles

Real Estate Broker

Property Manager

Sales Director

Business Development Manager

Real Estate Agent

Property Developer

Legal Counsel

Contracts Manager

Real Estate Operations Manager

Asset Manager

Portfolio Manager

Real Estate Investment Manager

Compliance Officer

Real Estate Marketing 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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