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Buyers Rep Agreement
"I need a Swiss Buyer's Rep Agreement for my real estate advisory firm based in Geneva, representing a German corporate client looking to purchase commercial properties in Switzerland, with services starting March 2025 and including special provisions for cross-border transactions and Lex Koller compliance."
1. Parties: Identification of the buyer (principal) and the representative (agent), including full legal names and addresses
2. Background: Context of the agreement and general purpose of the buyer's representation
3. Definitions: Key terms used throughout the agreement, including specific Swiss real estate terminology
4. Scope of Services: Detailed description of services to be provided by the representative, including property search, negotiation, and advisory services
5. Representative's Obligations: Specific duties and responsibilities of the representative, including fiduciary duties and compliance with Swiss regulations
6. Client's Obligations: Responsibilities and obligations of the buyer, including providing accurate information and necessary documentation
7. Compensation: Fee structure, payment terms, and conditions for commission, including VAT considerations
8. Term and Termination: Duration of the agreement and conditions for termination by either party
9. Confidentiality: Obligations regarding confidential information and data protection under Swiss law
10. Liability and Indemnification: Extent and limitations of representative's liability and indemnification provisions
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Lex Koller Compliance: Required when the buyer is a foreign person or entity, addressing compliance with Swiss foreign property ownership regulations
2. Multiple Property Provisions: Used when the scope includes searching for multiple properties or portfolio acquisitions
3. Special Property Types: Required when dealing with specific property types like commercial, industrial, or agricultural land
4. Anti-Money Laundering Provisions: Enhanced provisions for high-value transactions or when dealing with international funds
5. Cantonal Specific Requirements: Additional provisions required by specific Swiss cantons
6. Language Provisions: Required for agreements provided in multiple languages, specifying which version prevails
1. Schedule A - Service Details: Detailed breakdown of all services to be provided, including any excluded services
2. Schedule B - Fee Structure: Detailed breakdown of all fees, commissions, and payment terms
3. Schedule C - Property Requirements: Specific criteria and requirements for the property search
4. Schedule D - Required Documentation: List of documents required from the client for due diligence and compliance
5. Appendix 1 - Power of Attorney: If applicable, power of attorney form for the representative to act on behalf of the buyer
6. Appendix 2 - AML Compliance Forms: Required forms and declarations for anti-money laundering compliance
7. Appendix 3 - Representative's Credentials: Copies of relevant licenses and professional certifications
Authors
Real Estate
Professional Services
Property Development
Investment Management
Commercial Property
Residential Property
Hospitality
Retail
Industrial
Legal Services
Legal
Real Estate
Compliance
Investment
Client Relations
Due Diligence
Property Acquisitions
Advisory Services
Transaction Management
Real Estate Agent
Property Consultant
Real Estate Advisor
Investment Manager
Legal Counsel
Compliance Officer
Real Estate Portfolio Manager
Property Acquisition Manager
Client Relationship Manager
Real Estate Transaction Manager
Due Diligence Specialist
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