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Broker Engagement Letter

Broker Engagement Letter Template for Switzerland

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Key Requirements PROMPT example:

Broker Engagement Letter

"I need a Broker Engagement Letter under Swiss law for a real estate broker providing exclusive services for luxury residential properties in Geneva, with a success-based commission structure and a minimum engagement period of 12 months starting March 2025."

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Document background
The Broker Engagement Letter is a crucial document used in Switzerland to formalize the relationship between a broker and their client. It serves as the foundational agreement that defines the scope of services, compensation structure, and key terms of the brokerage relationship. This document is essential when engaging a broker for various purposes, including real estate transactions, financial services, insurance, or business brokerage. The letter ensures compliance with Swiss regulations, particularly the Code of Obligations (Articles 412-418) governing brokerage contracts (Mäklervertrag) and, where applicable, the Financial Services Act (FinSA/FIDLEG). It provides clarity on the broker's authority, responsibilities, and compensation arrangements while protecting both parties' interests under Swiss law. The document is particularly important in regulated sectors where specific disclosure requirements and client protection measures must be addressed.
Suggested Sections

1. Date and Address Block: Formal letter heading with date and recipient's details

2. Introduction: Opening paragraph identifying the parties and confirming the engagement

3. Scope of Services: Detailed description of the brokerage services to be provided

4. Broker's Obligations: Key responsibilities and duties of the broker

5. Client's Obligations: Key responsibilities and obligations of the client

6. Fees and Compensation: Structure and terms of broker's compensation, including success fees and expenses

7. Term and Termination: Duration of the engagement and termination provisions

8. Confidentiality: Obligations regarding confidential information

9. Governing Law: Confirmation of Swiss law application and jurisdiction

10. Signature Block: Execution section with date and signature lines for both parties

Optional Sections

1. Regulatory Disclosures: Required for regulated financial services brokers under FinSA/FIDLEG

2. Exclusivity Provisions: Optional section defining whether the engagement is exclusive or non-exclusive

3. Risk Disclosures: Required when dealing with financial instruments or high-risk transactions

4. Client Classification: Required for financial services brokers to specify whether the client is retail or professional

5. Conflicts of Interest: Optional section addressing potential conflicts and their management

6. Data Protection: Detailed privacy provisions, recommended when handling significant personal data

7. Insurance Coverage: Optional section detailing professional liability insurance coverage

Suggested Schedules

1. Fee Schedule: Detailed breakdown of fees, commission rates, and payment terms

2. Services Description: Detailed scope of services and any excluded services

3. Required Documents: List of documents and information the client needs to provide

4. Regulatory Disclosures: Mandatory disclosures for regulated activities, if applicable

5. Contact Details: Key contact information for both parties and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses



































Relevant Industries

Financial Services

Real Estate

Insurance

Commodities Trading

Art and Collectibles

Business Brokerage

Merger & Acquisition

Investment Banking

Commercial Property

Securities Trading

Private Banking

Wealth Management

Relevant Teams

Legal

Compliance

Operations

Business Development

Risk Management

Client Relations

Contracts Administration

Regulatory Affairs

Transaction Support

Deal Advisory

Relevant Roles

Broker

Investment Advisor

Real Estate Agent

Business Development Manager

Relationship Manager

Compliance Officer

Legal Counsel

Contract Manager

Chief Operating Officer

Risk Manager

Business Broker

Insurance Broker

Wealth Manager

Transaction Manager

Director of Operations

Head of Compliance

General Counsel

Chief Legal Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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