Brokerage and Property Management Service Agreement
This Agreement is made
By and Between [Owner’s Full Name] (Hereinafter referred to as the “Owner”)
And
Luchelle Ann J. Cabigon Licensed Real Estate Broker (Hereinafter referred to as the “Broker”)
WHEREAS, the Owner owns the condominium unit(s) located at [Full Address of Property];
WHEREAS, the Broker is a duly licensed real estate broker and offers property management and brokerage services, including tenant placement services;
WHEREAS, the Owner desires to engage the services of the Broker for the rental and management of the aforementioned condominium unit(s);
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows:
1. Engagement of Services
The Owner hereby engages the Broker to act as a property manager and broker for the purpose of securing rental tenants for the condominium unit(s). The Broker agrees to use commercially reasonable efforts to secure a tenant and manage the property as per the terms of this Agreement.
2. Brokerage Fee/Commission
2.1 Commission for a 1-Year Lease
If the Broker successfully secures a tenant for a lease term of one (1) year or more, the Broker is entitled to a professional brokerage fee equivalent to one (1) month’s rental rate, payable upon execution of the lease agreement.
2.2 Commission for a Lease Less than 1 Year
If the lease term is less than one (1) year but not less than six (6) months, the Broker is entitled to a professional brokerage fee equivalent to one-half (½) month’s rental rate, payable upon execution of the lease agreement.
2.3 Pre-Termination of Lease
In the event the lease is pre-terminated for any reason, the Broker shall still be entitled to the full brokerage commission as stipulated in Section 2.1 or 2.2 above, whichever applies, and this commission shall not be prorated or refunded, regardless of the lease’s duration prior to pre-termination.
3. Full Commission on Rental Inclusive of Dues
The Broker’s commission is based on the total gross rental rate, including but not limited to any amounts inclusive of condominium dues, homeowner association (HOA) fees, or other ancillary fees. Condominium dues, whether paid separately by the tenant or included in the rental rate, shall not be deducted from the Broker’s commission. The full gross rental amount as agreed between the tenant and the Owner is the basis for calculating the Broker’s commission.
4. Payment of Commission
The Owner agrees to pay the full brokerage commission to the Broker within seven (7) days from the signing of the lease agreement with the tenant, whether or not the rental rate is collected upfront or in installments.
5. Additional Property Management Services
The Owner may request additional property management services from the Broker, which will be subject to a separate agreement and compensation structure. These services may include rent collection, maintenance supervision, and tenant relations.
6. Term and Termination
6.1
This Agreement shall be effective as of the date above and shall remain in effect until terminated by either party upon thirty (30) days’ written notice.
6.2
Either party may terminate this Agreement at any time, provided that any commission due for a lease already secured by the Broker remains payable in full in accordance with Section 2.
7. Exclusive Right to Lease
During the term of this Agreement, the Broker shall have the exclusive right to lease the condominium unit(s). If the Owner or any other party secures a tenant during this time, the Broker shall still be entitled to the full brokerage fee as per this Agreement.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Cebu City, Cebu, PH, and any disputes arising from this Agreement shall be resolved in the competent courts of Cebu City.
9. Entire Agreement
This Agreement constitutes the entire agreement between the Owner and the Broker and supersedes any prior agreements, oral or written. Any amendments to this Agreement must be made in writing and signed by both parties.