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Broker Seller Agreement Template for Switzerland

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Key Requirements PROMPT example:

Broker Seller Agreement

"I need a Broker Seller Agreement for my Swiss real estate company based in Zurich, acting as exclusive broker for a portfolio of luxury residential properties, with a 12-month exclusivity period starting March 2025 and a tiered commission structure based on property value."

Document background
The Broker Seller Agreement is a crucial document used in Swiss commercial practice to establish and regulate the professional relationship between a broker and a seller seeking to market and sell their assets or properties. This agreement type is particularly important in Switzerland's sophisticated market environment, where professional intermediary services are frequently required across various sectors. The document, governed by Swiss law, specifically the Swiss Code of Obligations, outlines the broker's authority to act on behalf of the seller, defines commission structures, establishes service levels, and includes necessary compliance provisions. The agreement is essential for protecting both parties' interests while ensuring compliance with Swiss regulatory requirements, including cantonal regulations where applicable. It's commonly used in both one-off transactions and ongoing brokerage relationships, providing a clear framework for professional brokerage services while maintaining the flexibility to accommodate specific transaction requirements.
Suggested Sections

1. Parties: Identification of the broker and the seller, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the seller's intention to sell specific goods/properties and the broker's expertise

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Successful Transaction', etc.

4. Appointment and Scope: Formal appointment of the broker and detailed description of services to be provided

5. Broker's Rights and Obligations: Detailed responsibilities of the broker, including marketing efforts, client communications, and professional standards

6. Seller's Rights and Obligations: Seller's commitments, including providing accurate information, cooperation requirements, and maintaining the sale object

7. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

8. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

9. Confidentiality: Obligations regarding confidential information and client data protection

10. Liability and Indemnification: Extent of broker's liability and mutual indemnification provisions

11. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes

12. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Exclusivity: Used when the broker is granted exclusive rights to market and sell the property/goods

2. Marketing Budget and Expenses: Include when specific marketing commitments and cost allocations need to be defined

3. Sub-Brokers: Required when the broker may engage other brokers or agents

4. International Transactions: Include for cross-border sales requiring additional compliance measures

5. Special Property Requirements: Used for properties/goods requiring specific handling or regulatory compliance

6. Performance Targets: Include when setting specific sales targets or timelines

7. Insurance Requirements: Used when specific insurance coverage needs to be maintained by either party

8. Data Protection Compliance: Detailed section needed when extensive personal data processing is involved

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of property/goods to be sold, including specifications and conditions

2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures, including any sliding scales or special rates

3. Schedule 3 - Marketing Plan: Specific marketing activities, timelines, and responsibilities

4. Schedule 4 - Required Documentation: List of documents required from seller for due diligence and marketing

5. Appendix A - Standard Terms and Conditions: Detailed standard terms applying to all transactions under the agreement

6. Appendix B - Reporting Templates: Standard formats for regular reporting and communication

7. Appendix C - Compliance Checklist: Regulatory and compliance requirements checklist

8. Appendix D - Service Level Agreement: Detailed service standards and performance metrics

Authors

Alex Denne

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

Relevant legal definitions





























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Relevant Industries

Real Estate

Financial Services

Luxury Goods

Art and Collectibles

Commercial Property

Industrial Equipment

Business Brokerage

Commodities Trading

Investment Services

Private Banking

Relevant Teams

Legal

Compliance

Sales

Business Development

Operations

Risk Management

Contract Administration

Commercial Operations

Property Management

Client Relations

Relevant Roles

Chief Executive Officer

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Real Estate Broker

Property Manager

Commercial Director

Business Broker

Contract Manager

Sales Manager

Business Owner

Managing Director

Operations Manager

Risk Manager

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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