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The Agency Agreement (Real Estate) is a crucial document used in Switzerland when a property owner wishes to engage a professional real estate agent or agency to market, sell, or lease their property. This agreement type is essential for defining the rights, responsibilities, and commercial terms between the parties, ensuring compliance with Swiss federal and cantonal laws. The document typically includes detailed provisions on commission structures, service scope, exclusivity arrangements, and compliance requirements specific to Swiss real estate transactions. It's particularly important as it provides legal protection for both parties and ensures clarity in the agency relationship, while addressing specific Swiss market requirements such as anti-money laundering regulations and foreign ownership restrictions (Lex Koller). The agreement is adaptable for various property types, from residential to commercial, and can be used by individual property owners, corporate entities, or institutional investors.

1. Parties: Identification of the Principal (property owner) and the Agent (real estate agency), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the property and the Principal's intention to engage the Agent

3. Definitions: Key terms used throughout the agreement, including Property, Services, Commission, and other relevant terminology

4. Appointment and Scope: Formal appointment of the Agent and detailed description of authorized services (e.g., marketing, showing property, negotiating with potential buyers/tenants)

5. Duration and Termination: Term of the agreement, renewal provisions, and conditions for termination by either party

6. Agent's Obligations: Detailed responsibilities of the Agent, including marketing efforts, reporting requirements, and compliance with relevant laws

7. Principal's Obligations: Responsibilities of the Principal, including providing necessary information and documentation

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission becoming due

9. Exclusivity: Whether the appointment is exclusive or non-exclusive, and implications thereof

10. Liability and Insurance: Extent of Agent's liability, required insurance coverage, and any limitations of liability

11. Data Protection: Compliance with Swiss data protection laws regarding handling of client information

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes