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EXHIBIT _P

BROKER’S AGREEMENT
(For Sale Transactions)

KNOW ALL MEN BY THESE PRESENTS:

This Agreement executed on this ____ day of __________, 200__, in


_______________, ______________, by and between:

of legal age, Filipino citizen,


______(name of Listing Broker)_____,
single/married and a resident of
______________________________
_____________, hereinafter referred to as the “LISTING BROKER”;

-- and --

______(name of Selling Broker)_________,


of legal age, Filipino citizen,
single/marries and a resident of
______________________________
_____________, hereinafter referred to as the “SELLING BROKER”;

W I T N E S S E T H:

WHEREAS, the LISTING BROKER represents that he/she has the exclusive/non-
exclusive authority of the property owner or is the Attorney-In-Fact to offer and
negotiate the sale of the following property(ies) to prospective buyers, viz:

______(State the general description of the property including its general


location)___
_____________(include the covering title and tax
declaration)___________________
______________________________________________________________________
______________________________________________________________________
hereinafter referred to as the “LISTING”;

WHEREAS, the LISTING BROKER wants to share the LISTING by way of


extension of his selling authority to the SELLING BROKER and the SELLING BROKER
accepts the LISTING from the LISTING BROKER for purposes of selling/marketing the
same to the clients of the SELLING BROKER;

NOW THEREFORE, for and in consideration of the foregoing premises and of all
the covenants stated hereinafter, the parties have agreed as follows:

A. RESPONSIBILITIES OF THE LISTING BROKER

The LISTING BROKER agrees to take care of all matters and activities related to
the abovementioned LISTING which include, but not limited to, the following:

1. Securing the Authority To Sell, whether exclusive or non-exclusive,


indicating therein his/her right to receive/collect a commission for the sale
of the LISTING;

SOURCE: REALTOR® PhiL M. Coquia


2. Securing from the owner copies of property documents on the LISTING which
include, but not limited to: the covering Title, Tax Declaration, copies of tax
payment receipts, Special Power of Attorney (if applicable), lot plan, vicinity
plan/map, layout plan, floor plans, architectural plans, electrical plans and
such other building plans and documents that may be required by a
prospective buyer; 29

3. Conducting a due diligence check or verification of the authenticity of the


Title(s) and to secure a certified true copy of the title from the Register of
Deeds;

4. Verifying the authenticity of the covering Tax Declaration(s) and to secure a


certified true copy of the same from the Assessor’s Office. If LISTING is a
vacant lot, secure a Certificate of No-Improvement;

5. Updating the payment of real property taxes and to eventually secure a Tax
Clearance Certificate from the local city or municipal Treasurer’s Office;

6. Updating the payment of utility bills (if necessary), the


homeowner’s/condominium/ association dues and to secure a clearance
certificate from the said association;

7. If necessary, assisting the owner in clearing the LISTING premises of


occupants and tenants;

8. If required, providing the necessary advice to the owner on whether or not to


accept an offer to buy his/her property or in making a counter-offer;

9. Preparation of the legal documents necessary to complete the sale of the


LISTING, sending the same to the contracting parties for review, comments
and eventual approval;

10. Securing all other documents that may be required by the buyer, the BIR, the
Register of Deeds or any other concerned government agency;

11. Payment of the capital gains tax or creditable withholding tax as well as the
documentary stamp tax to the Bureau of Internal Revenue on behalf of the
owner-seller;

12. Collection of commission from the owner-seller.

B. RESPONSIBILITIES OF THE SELLING BROKER

1. Exert reasonable effort to market the LISTING and offer it to his/her


prospective buyers;

2. Takes care of scheduling property showings/viewings and trippings in


coordination with the LISTING BROKER;

3. Registers to the owner through the LISTING BROKER, the name(s) of


prospective buyers to whom the LISTING was offered;

4. Prepares and submits any Offer To Purchase, through the LISTING BROKER,
duly signed by the prospective buyer;

SOURCE: REALTOR® Phil M. Coquia


5. Assist the buyer in applying, submitting the requirements, documenting,
negotiating and securing mortgage financing, and all other activities related
thereto, if necessary;

6. Advising and reminding the buyer of payments to be made on scheduled


payment dates;

7. Takes care of all activities related to the payment of transfer tax, registration
of the sale and transferring the title in the name of the buyer with the
Register of Deeds.
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C. COMMISSION SHARING

The LISTING BROKER and the SELLING BROKER hereby agree that in the event of
sale of the LISTING to the client/buyer of the SELLING BROKER, the commission
that will be collected from the owner-seller as indicated in the Authority To Sell
obtained by the LISTING BROKER, shall be shared equally (50%-50%) between
them, whether or not the broker’s tax has been deducted from the gross
commission by the owner-seller.

If the SELLING BROKER has employed or has engaged the services of one or more
sales agents in marketing, negotiating and closing the sale of the LISTING, the
SELLING BROKER agrees that he/she shall pay the said sales agent(s) from his/her
50% share of the commission, net of taxes, if any.

In the same manner, if the LISTING BROKER has to pay certain referral fees
and/or courtesy fees with regard to the sourcing of the LISTING, the LISTING
BROKER agrees that he shall also pay the said referrors from out of his/her 50%
share of the commission, net of taxes, if any.

The LISTING BROKER further agrees to pay the share of the SELLING BROKER in
cash or Manager’s Check within three (3) business days from the date the
commission was received by the LISTING BROKER from the owner-seller.

D. OTHER MATTERS / RESTRICTIONS / WARRANTIES

1. Unless otherwise agreed upon, the parties hereto shall share equally all
other costs, expenses, fees and charges that may be incurred in the course
of executing all the activities necessary to finalize and consummate the
sale of the LISTING;

2. The SELLING BROKER warrants that he/she will not further extend the
selling authority to another broker or sales agent without the express
consent of the LISTING BROKER;

3. The SELLING BROKER shall not advertise the LISTING without the written
consent of the LISTING BROKER and that in the event the LISTING BROKER
gives his/her consent, the SELLING BROKER shall solely assume any and all
expenses for the said advertisement and that the text of such
advertisement must be accurate, factual and not misleading.

The SELLING BROKER shall not put or place “For Sale” signs in any part of the
property subject of the LISTING without the express consent of the LISTING

SOURCE: REALTOR® Phil M. Coquia


BROKER and if such consent is given, any and all expenses to be incurred for
such signage shall be for the sole account of the SELLING BROKER;

4. The SELLING BROKER agrees that all dealings, communications and


negotiations on the LISTING shall be carried on with, or made through, the
LISTING BROKER and not directly with the owner-seller except with the
consent of the LISTING BROKER or except where such dealings or
communications are initiated by the owner-seller;

5. Appointments for showings of the LISTING and negotiations with the owner-
seller shall be conducted through the LISTING BROKER except when the
LISTING BROKER gives the SELLING BROKER specific authority to show
and/or negotiate directly with the owner-seller or in case where, after
reasonable effort, the SELLING BROKER cannot contact the LISTING
BROKER or any of his/her staff or representatives.
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6. The LISTING BROKER and the SELLING BROKER agree to work harmoniously
together focusing on the common objective of finalizing, completing and
consummating the sale of the LISTING at the soonest time possible and at
the most satisfaction of their respective clients.

IN WITNESS WHEREOF, we have hereunto set out hands this ____ day of
___________, 200__ in ___________________________.

LISTING BROKER SELLING BROKER

_______(name in bold capital letters)_________ ______(name in bold capital


letters)________

Real Estate Broker’s License No. _____ Real Estate Broker’s License No.
____

SOURCE: REALTOR® Phil M. Coquia

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