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Buyer Representation Agreement
"I need a Buyer Representation Agreement under Swiss law for a German investment firm looking to purchase commercial properties in Zurich, with a minimum investment of 10 million CHF, to be effective from March 1, 2025, with specific provisions for cross-border transactions and multi-property portfolio acquisition."
1. Parties: Identification of the buyer (client) and the real estate agent/agency, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the buyer's intention to purchase property and the agent's professional status
3. Definitions: Key terms used throughout the agreement, including 'Property Requirements,' 'Territory,' 'Commission,' and 'Confidential Information'
4. Scope of Services: Detailed description of services to be provided by the agent, including property search, viewings, negotiations, and advisory services
5. Agent's Obligations: Primary duties of the agent, including duty of care, loyalty, confidentiality, and compliance with Swiss real estate regulations
6. Client's Obligations: Client's responsibilities, including providing accurate information, cooperation, and exclusivity requirements
7. Commission Structure: Detailed explanation of fees, when they become payable, and payment terms in accordance with Swiss law
8. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
9. Confidentiality: Obligations regarding confidential information and compliance with Swiss data protection laws
10. Liability and Indemnification: Extent and limitations of agent's liability under Swiss law, and mutual indemnification provisions
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and designation of competent courts
1. International Buyers Provisions: Additional provisions for foreign buyers, including Lex Koller compliance requirements
2. Multiple Property Search: Specific terms for clients seeking multiple properties or investment portfolios
3. Special Property Requirements: Detailed criteria for specific property types (e.g., commercial, luxury, agricultural)
4. Dual Agency Disclosure: Required when the agent may represent both buyer and seller in certain transactions
5. Anti-Money Laundering Compliance: Enhanced due diligence procedures for high-value transactions or specific client categories
6. Property Management Services: Additional terms for post-purchase property management services if offered
7. Language Provisions: For agreements provided in multiple languages, specifying which version prevails
1. Schedule A - Property Requirements: Detailed specifications of the client's property requirements, including location, size, budget, and special features
2. Schedule B - Commission Schedule: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule C - Service Level Agreement: Specific commitments regarding response times, reporting frequency, and service standards
4. Appendix 1 - Agent Credentials: Copies of agent's professional licenses, certifications, and insurance coverage
5. Appendix 2 - Client Due Diligence: Required documentation for client identification and AML compliance
6. Appendix 3 - Power of Attorney: Optional power of attorney for specific actions on behalf of the client
7. Appendix 4 - Territory Map: Geographical definition of the search area if territorially restricted
Authors
Real Estate
Property Development
Professional Services
Investment Management
Private Banking
Wealth Management
Legal Services
Corporate Services
Real Estate
Legal
Compliance
Private Banking
Wealth Management
Investment Advisory
Client Relations
Risk Management
Operations
Document Management
Real Estate Agent
Property Advisor
Real Estate Broker
Wealth Manager
Legal Counsel
Compliance Officer
Investment Manager
Client Relationship Manager
Property Portfolio Manager
Family Office Manager
Real Estate Director
Head of Real Estate
Private Banking Advisor
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