MOA Bet Brokers Template

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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (The ”Agreement”) executed on this __th day of


November, 2017 in Quezon City, Philippines by and between
______________________, seller and property owner with address
___________________________ and represented herein by (broker1) with address
_________________, (broker2) with address ________________, (add as applicable)
known as the Seller’s Group (The “SELLER GROUP”);

-and-

(Buyer’s Broker) ______________________, with Lic# ______________, and


address at _________________________ (The “BUYER’S BROKER”).

WITNESSETH THAT:

WHEREAS, the SELLER GROUP represents that it is authorized by the owner of the
listed properties below or his Attorney-in-Fact to offer the properties for sale to
prospective Buyers (the “Buyers”)

ADDRESS TCT No PRICE PF %

WHEREAS, the BUYER’s BROKER wishes to offer the properties for sale in behalf of
the SELLER GROUP and the Seller/Owner to the following Prospective Buyer:

__________________________________

NOW THEREFORE, the parties hereto agree as follows:

1) Duties and Responsibilities of the SELLER GROUP:


The Seller Group undertakes to take care of all matters pertinent to the above-
mentioned listing such as:
a. Offer the Listing
b. Negotiate on behalf of the Seller by communicating with the Buyer’s Broker
c. Collect commission payment from the Seller
d. Provide pertinent documents and information to the Buyers upon request

2) Duties and Responsibilities of the BUYER’s BROKER:


a. Find a buyer and register it to Listing Broker.
b. Bring the buyer to the property for viewing
c. Negotiate on behalf of the Buyer by communicating with the Listing Broker

3) CONSIDERATION. The Seller Group will give the Buyer’s Broker fifty percent
(50%) of whatever net commission (after any withholding and other applicable
taxes) received from the Seller.

Whereas, the share of the Seller Group at fifty percent (50%) will be equally
divided among its members.

4) NON-COMPETE and NON-DISCLOSURE.


The Buyer’s Broker or any of their salespersons shall not directly or indirectly

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contact, transact, carry on or conduct any business with or contact or solicit the
business of the Sellers or any of their representatives or any of Seller Group
referred buyers.

Likewise, the Listing Broker or any of his salespersons shall not directly or
indirectly contact, transact, carry on or conduct any business with or contact or
solicit the business of the Sellers or any of their representatives or any of Buyer’s
Brokers following the signing of this Agreement.

Buyer’s Brokers or any of their staff hereby agree to preserve and maintain
confidential all information contained in this agreement and all information
disclosed by Listing Broker in relation to its listing and clients, whether received
in writing or otherwise, (the “Confidential Information”), to use all confidential
information only in the performance of his obligation in accordance with the
Agreement and segregate all Confidential Information from those of its own and
other clients.

5) BREACH OF CONTRACT. In case of breach of any or all conditions, covenants


or terms of this agreement by Buyer’s Brokers and no remedy is made by
Buyer’s Brokers within five (5) days from receipt of written or electronic notice of
such default or breach, this Agreement shall be Terminated and rendered without
further force and effect at the option of the Listing Broker. In case of breach of
Item 4 of this agreement, Buyer’s Brokers shall be liable for the full amount that
the Listing Broker would have earned as if it is dealt with the Sellers of the
disclosed clients on its own. This is without prejudice to the Listing Broker’s right
to commence Legal Action for other damages it may sustain by reason of breach.

6) TRANSPARENCY. It is agreed that in all transactions and negotiations regarding


the clients and the properties, both the Seller Group and the Buyer’s Broker shall
be informed and deal with utmost transparency.

CONFORME:

SELLER GROUP:

BUYER’S BROKER

SIGNED IN THE PRESENCE OF:

____________________________ _________________________

REPUBLIC OF THE PHILIPPINES)


CITY OF ____________________) S.S.

ACKNOWLEDGEMENT

Before me, a Notary Public for and in _______________ City this _____day of
_______________, 2017 personally appeared the following:

NAME Identification Provided Date/Place Issued

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known to me to be the same persons who executed the foregoing Memorandum
of Agreement and they acknowledged to me that the same is their free and voluntary
act and deed AND the free and voluntary act and deed of the corporation which they
represent.

Doc. No: ________


Page No:________
Book No: _______
Series of 2017

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