ATS Needed?

Short answer? Yes.

On June 19, 2019, the PRC issued a memo reminding real estate brokers that they must secure an Authority to Sell (ATS) before marketing any property. The same memo warned that failing to do so could lead to license suspension—or even revocation.

Now, that’s the letter of the law. But let’s talk about reality.

1.⁠ ⁠Who's actually enforcing this?

In all my years in the industry, I’ve yet to hear of anyone being sanctioned for marketing without an ATS. Why? Because in the PH, enforcement usually kicks in after the damage is done.

2.⁠ ⁠Some sellers simply won’t sign.

I've met more than a few sellers who flat-out refused to sign an ATS. One even went on a 20-minute, expletive-laced tirade, insisting that I should “just trust him.” I calmly explained it was a PRC requirement, but that didn't work.

3.⁠ ⁠And then there’s the ‘so what?’ argument.

Some brokers argue that ATS documents are legally toothless. “What if the seller violates the agreement? Are you really going to sue?” they ask. Fair point—but I see it differently.

Despite these gray areas, I still believe it’s important to secure an ATS. Here’s why:

It signals professionalism.

Think of it this way: you can get your car fixed at a Talyer or at the Casa. Both might get the job done—but the Casa feels more buttoned-up, more official. That’s the kind of impression you want to leave with clients.

There are workarounds for reluctant sellers.

If a seller doesn’t want to sign a physical ATS, I send an email outlining the same terms and ask for a simple reply confirming they agree. Legally speaking, a contract doesn't have to be notarized or printed. Even a verbal agreement is valid—so an email confirmation gives you something to hold on to.

And if they still won’t commit? Walk away.

In my experience, there are more sellers who are happy to formalize things than those who aren’t. Don’t waste your time forcing a partnership that’s already off to a shaky start.

So yes, brokers should secure an ATS—not just because it’s required, but because it sets the tone. It tells your client you take your profession seriously. And that’s a reputation worth protecting.