Introduction: In this comprehensive discourse, we delve into the intricacies of the Authority to Sell, elucidating its essence, necessity, and the nuances between Exclusive and Non-Exclusive arrangements. Let us embark on this journey of understanding and mastery.
Understanding the Authority to Sell: The Authority to Sell, often referred to as the Authority to Offer to Sell or Authority to Negotiate for Sale, represents the written consent bestowed by property owners/sellers, sanctioning the marketing and sale of their esteemed assets.
Importance of the Authority to Sell: Beyond serving as a shield of protection for both the owner/seller and the Licensed Real Estate Broker, the Authority to Sell is a legal imperative mandated by the Civil Code of the Philippines and enshrined by the Professional Regulatory Board of Real Estate Service (PRBRES) under the Professional Regulation Commission (PRC).

Components of the Authority to Sell: A meticulously crafted Authority to Sell should encompass vital details, including:
- Date of Authorization
- Comprehensive property information: location, address, title number, land area, floor area, inclusions, selling price, and other pertinent specifics.
- Allocation of responsibilities: covering notarial fees, taxes payable to the Bureau of Internal Revenue (BIR), transfer tax obligations to the Local Government Unit, and title registration costs.
- Broker’s professional fees or commission structure
- Expiry date of the Authorization
- Hold-over clause: recognizing potential buyers registered during the authority’s tenure, allowing transactions post-expiration.
- Signature of the Seller, affirming the grant of authority.
Exclusive vs. Non-Exclusive Authority to Sell: Delving into the realm of exclusivity, we discern the distinctive traits of Exclusive and Non-Exclusive arrangements.
Non-Exclusive Authority to Sell: A Non-Exclusive arrangement entails multiple brokers sharing a listing, fostering widespread exposure but potentially resulting in fragmented communication and diluted marketing efforts.
Exclusive Authority to Sell: Conversely, an Exclusive arrangement bestows sole selling rights upon a designated broker, ensuring streamlined communication, focused marketing endeavors, and enhanced accountability.
In Conclusion: As discerning property owners, it behooves us to commence the sales process judiciously – by selecting the right Licensed Real Estate Broker, executing a meticulously drafted Authority to Sell, and opting for an Exclusive arrangement. Remember, professionalism breeds success in the dynamic realm of real estate.
Let us embark on this transformative journey together, guided by the tenets of excellence and integrity. For in the realm of property transactions, professionalism reigns supreme.
Sincerely,
Jonas Montemayor, Real Estate Broker; PRC Registration Number: 0007396; Mobile Number: 09399222710; invest@JonasMontemayor.com
Leave a comment