Owner–agent commission agreement
Exclusive or open, how much, when it is earned and who pays.
About 10 minSigned by: owner and agent
What it is for
This is the agreement by which an owner engages an agent to find a tenant. It says whether the engagement is exclusive, how long it lasts, what the agent charges, when the commission is earned and who pays it.
Mexico has no statutory commission rate: what is agreed applies. That is why it is worth writing down before the property is advertised, not once someone is interested.
What it covers
- Exclusive or open, and what happens if the owner finds the tenant
- Duration of the engagement and how to end it early
- Commission: formula, IVA and when it is earned
- Who pays: owner, tenant or both
- Protection period after the engagement
- Renewals and tenant replacement
- Whether the agent may receive the holding deposit, and what they do with it
- Each side's obligations, the agent's license (matrícula)
Common mistakes
- Working on a verbal agreement: when the tenant arrives, each side remembers a different commission.
- Not saying when the commission is earned: on signing, or when the tenant pays?
- Leaving an exclusive without an end date.
- Keeping no record of the people introduced: without names and dates the protection period is useless.
- The agent receiving money from the tenant without the owner's written authorization or a receipt.
A template, not legal advice
Frequently asked questions
How much commission is charged for renting out a property?
There is no statutory rate: fees are whatever the parties agree. For one-year leases one month's rent is common; for shorter terms proportions or percentages are used. The template lets you choose the formula.
Which is better, exclusive or open?
It depends. With an exclusive, the agent usually invests more in photos and marketing and the owner deals with one person; with an open listing the owner keeps the freedom to rent directly or through other agents. The law imposes neither.
Who pays the commission, the owner or the tenant?
Whatever is agreed. This contract binds only the owner and the agent: if the commission is charged to the tenant, the agent must agree it with the tenant and say so from the first contact.
Does the agent need a license?
Yes. Quintana Roo's Real Estate Services Law requires a valid matrícula and certificate to broker rentals for pay. The contract includes the matrícula number.
What if the owner rents to the agent's client after the engagement has ended?
That is what the protection period is for: for the agreed number of days, the commission is still payable if the tenant was introduced by the agent during the engagement.
What kind of signature this is
- It is a simple electronic signature with an audit trail: each party opens their personal link, reads the document, types their full name and expressly accepts. We record the date, time, IP address, browser and the SHA-256 fingerprint of the text, which is frozen from the moment it is sent.
- In general terms, Mexican commercial and civil law recognizes electronic signatures between parties who consent to use them, and a judge weighs their strength according to the reliability of the method.
- It is not an advanced electronic signature (such as the SAT's e.firma) and does not include a NOM-151 conservation certificate issued by a certification service provider.
- If you need that level of proof, the next step is integration with a certified provider; in the meantime you can print the document and sign it on paper as well.
Laws it relies on
- Ley de Prestación de Servicios Inmobiliarios del Estado de Quintana Roo (POE 06-09-2024): arts. 3, 5, 12 y 15 fr. I
- Código de Comercio: arts. 75 fr. XIII (mediación), 89 a 93 (mensajes de datos y firma electrónica) y 304
- Código Civil para el Estado de Quintana Roo: arts. 2864 a 2873 (prestación de servicios) y 2463 fr. I (prescripción de un año)
We cite the articles so anyone can check them. Laws change: confirm they are still in force if your case is delicate.