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Buyer Agent Exclusive Agreement Template for Switzerland

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Key Requirements PROMPT example:

Buyer Agent Exclusive Agreement

"I need a Buyer Agent Exclusive Agreement for a Swiss private bank client looking to purchase luxury residential property in Zurich, with specific provisions for discretion and high-value transaction compliance, starting March 2025."

Document background
The Buyer Agent Exclusive Agreement is a crucial document in Swiss real estate transactions where a buyer seeks dedicated representation in their property search. This agreement becomes particularly important in competitive real estate markets where buyers need professional representation to access and evaluate properties effectively. The document, governed by Swiss law, particularly the Code of Obligations (OR/CO), establishes an exclusive relationship that prevents the buyer from engaging other agents and ensures the agent's commitment to the buyer's interests. It typically includes detailed provisions about property requirements, territory coverage, commission structures, and service scope. The agreement is especially relevant for high-value transactions, foreign buyers subject to Lex Koller restrictions, or complex commercial property acquisitions. The document must comply with both federal and cantonal regulations, making it essential to adapt the agreement to specific regional requirements while maintaining its core exclusive agency provisions.
Suggested Sections

1. Parties: Identification of the buyer (principal) and the real estate agent (agent), including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including the buyer's intention to purchase property and the agent's qualifications

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Territory', 'Exclusive Period', and 'Commission'

4. Appointment and Scope: Formal appointment of the agent and detailed scope of services to be provided, emphasizing the exclusive nature of the arrangement

5. Duration and Exclusivity: Term of the agreement and specific provisions regarding exclusivity, including any territory limitations

6. Agent's Obligations: Comprehensive list of agent's duties, including property search, negotiations, due diligence, and reporting requirements

7. Client's Obligations: Buyer's responsibilities, including providing accurate requirements, maintaining exclusive relationship, and cooperating with the agent

8. Commission Structure: Detailed explanation of agent's compensation, including rate, calculation method, and payment terms

9. Expenses and Costs: Allocation of costs and expenses between parties, including third-party service fees

10. Confidentiality: Obligations regarding confidential information and data protection requirements

11. Termination: Conditions and procedures for ending the agreement, including notice requirements and consequences

12. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Foreign Buyer Provisions: Additional provisions required when the buyer is not Swiss resident, addressing Lex Koller requirements

2. Property Type Specifications: Specific provisions for particular types of properties (commercial, luxury residential, agricultural) if the search is limited to certain categories

3. Multi-lingual Provisions: Language provisions and interpretation rules when the agreement is executed in multiple languages

4. Post-Termination Obligations: Extended obligations and restrictions that survive after agreement termination

5. Alternative Dispute Resolution: Mediation or arbitration procedures as alternatives to court proceedings

6. Anti-Money Laundering Compliance: Specific provisions regarding compliance with Swiss AML regulations, particularly relevant for high-value transactions

Suggested Schedules

1. Schedule 1 - Property Requirements: Detailed specifications of the property being sought, including location, size, price range, and essential features

2. Schedule 2 - Commission Schedule: Detailed breakdown of commission rates, calculation methods, and payment structures

3. Schedule 3 - Agent's Services: Comprehensive list of services included in the agent's scope of work

4. Schedule 4 - Required Documents: List of documents and information the buyer must provide

5. Appendix A - Power of Attorney: Optional power of attorney form for specific actions the agent may take on behalf of the buyer

6. Appendix B - Due Diligence Checklist: Standard checklist for property evaluation and verification procedures

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

Property Development

Residential Property

Commercial Property

Luxury Real Estate

Property Investment

Real Estate Advisory

Property Management

Banking and Finance

Legal Services

Construction

Hospitality

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Operations

Business Development

Client Relations

Property Management

Contracts Administration

Document Management

Investment Advisory

Due Diligence

Relevant Roles

Real Estate Agent

Property Buyer's Agent

Real Estate Broker

Real Estate Manager

Property Consultant

Real Estate Advisory Manager

Legal Counsel

Compliance Officer

Contract Manager

Property Acquisition Manager

Real Estate Investment Manager

Client Relationship Manager

Business Development Manager

Risk Manager

Operations 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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