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BROKER’S AGREEMENT
(For Sale Transactions)
-- and --
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:
NOW THEREFORE, for and in consideration of the foregoing premises and of all
the covenants stated hereinafter, the parties have agreed as follows:
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:
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;
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;
4. Prepares and submits any Offer To Purchase, through the LISTING BROKER,
duly signed by the prospective buyer;
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.
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
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 ___________________________.
Real Estate Broker’s License No. _____ Real Estate Broker’s License No.
____
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