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Brokers Fee Agreement
"I need a Brokers Fee Agreement under Swiss law for my real estate brokerage firm based in Zurich, with a 2% success fee structure and exclusive rights to market high-end residential properties for a 6-month period starting March 2025."
1. Parties: Identification of the broker and the client with full legal names and addresses
2. Background: Context of the agreement and brief description of the broker's services and client's requirements
3. Definitions: Key terms used throughout the agreement including 'Services', 'Success Fee', 'Transaction', etc.
4. Scope of Services: Detailed description of the brokerage services to be provided
5. Broker's Obligations: Key responsibilities and duties of the broker including professional standards and reporting requirements
6. Client's Obligations: Client's responsibilities including providing necessary information and cooperation
7. Fee Structure: Detailed breakdown of all fees, including success fees, retainers, and payment terms
8. Payment Terms: Timing and method of payment, including conditions for fee becoming due
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
12. Entire Agreement: Standard boilerplate confirming this document represents the complete agreement between parties
1. Exclusivity: Used when the broker is granted exclusive rights to provide the specified services
2. Success Fee Protection: Included when there's a need to protect the broker's right to fees for a period after termination
3. International Transactions: Added when the services involve cross-border transactions
4. Compliance with Regulations: Included for regulated sectors like financial services or real estate
5. Force Majeure: Added when specific provisions for unforeseen circumstances are required
6. Data Protection: Detailed section when significant personal data processing is involved
7. Non-Circumvention: Used when there's risk of direct client-target dealings bypassing the broker
1. Schedule 1 - Scope of Services: Detailed breakdown of specific services to be provided
2. Schedule 2 - Fee Calculation: Detailed methodology for calculating success fees and other charges
3. Schedule 3 - Target Companies/Properties: List of specific targets if the broker's mandate is limited to certain entities or properties
4. Appendix A - Broker's Credentials: Copies of relevant licenses and certifications
5. Appendix B - Reporting Template: Standard format for regular reports to be provided by the broker
6. Appendix C - Compliance Requirements: Specific regulatory requirements applicable to the services
Authors
Financial Services
Real Estate
Mergers & Acquisitions
Insurance
Commodities Trading
Business Services
Investment Banking
Private Banking
Commercial Real Estate
Residential Real Estate
Corporate Finance
Legal
Finance
Compliance
Business Development
Corporate Development
Commercial
Real Estate
Investment Banking
Corporate Finance
Risk Management
Operations
Deal Advisory
Chief Financial Officer
Legal Counsel
Compliance Officer
Business Development Manager
Real Estate Broker
Financial Broker
Investment Banker
Corporate Finance Director
M&A Director
Transaction Manager
Head of Acquisitions
Chief Legal Officer
Commercial Director
Business Broker
Partnership Manager
Relationship Manager
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