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Co Broker Agreement Template for Switzerland

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Key Requirements PROMPT example:

Co Broker Agreement

"I need a Co-Broker Agreement under Swiss law for a collaboration between my luxury real estate agency in Zurich and a Monaco-based broker, focusing on high-net-worth clients and including specific commission splits for international transactions."

Document background
This Co-Broker Agreement is designed for use when two or more brokers or brokerage firms wish to establish a formal collaboration in Switzerland. It is particularly relevant when parties want to combine their resources, expertise, and client networks while maintaining their separate business identities. The agreement, governed by Swiss law, provides comprehensive coverage of essential aspects including commission sharing arrangements, territorial rights, client handling procedures, and compliance with Swiss regulatory requirements. It is commonly used in real estate and business brokerage sectors, where collaboration between different brokers can maximize market reach and efficiency. The document incorporates necessary provisions to comply with the Swiss Code of Obligations, cantonal regulations, data protection laws, and anti-money laundering requirements.
Suggested Sections

1. Parties: Identification and details of the co-operating brokers, including their business registration details and regulatory licenses

2. Background: Context of the agreement and purpose of the co-brokerage arrangement

3. Definitions: Key terms used throughout the agreement, including specific brokerage terminology

4. Scope of Cooperation: Define the nature and extent of the co-brokerage relationship, including territory and property types covered

5. Commission Structure: Details of commission sharing arrangements, calculation methods, and payment terms

6. Rights and Obligations: Specific duties and responsibilities of each broker, including lead generation and client handling

7. Confidentiality: Provisions regarding handling of confidential information and client data

8. Marketing and Branding: Guidelines for joint marketing efforts and use of respective brands

9. Term and Termination: Duration of the agreement and conditions for termination

10. Compliance Requirements: Obligations regarding Swiss regulatory requirements, including AML and data protection

11. Liability and Indemnification: Allocation of risks and responsibilities between the parties

12. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law

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

Optional Sections

1. International Transactions: Additional provisions for cross-border dealings and compliance with Lex Koller

2. Exclusive Territories: Detailed provisions for territorial exclusivity, if applicable

3. Specific Property Types: Special provisions for particular property categories (commercial, luxury, etc.)

4. Online Platform Integration: Terms for integration of online listing platforms and digital tools

5. Training and Support: Provisions for mutual training and support services

6. Client Referral Process: Detailed procedures for client referrals and lead management

7. Performance Metrics: Specific performance targets and evaluation criteria

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission sharing percentages for different property types and transaction values

2. Schedule 2 - Territory Map: Geographical definition of covered territories with maps and boundary descriptions

3. Schedule 3 - Marketing Guidelines: Detailed marketing procedures and brand usage guidelines

4. Schedule 4 - Operating Procedures: Step-by-step procedures for joint operations and client handling

5. Schedule 5 - Required Documentation: List of required documents and forms for transactions

6. Appendix A - Contact Details: Key contact information for both parties including emergency contacts

7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance 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

































Clauses

































Relevant Industries

Real Estate

Commercial Property

Residential Property

Business Brokerage

Property Development

Investment Banking

Commercial Services

Professional Services

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Property Management

Marketing

Finance

Risk Management

Client Relations

Relevant Roles

Real Estate Broker

Business Development Manager

Sales Director

Compliance Officer

Legal Counsel

Managing Partner

Property Manager

Business Broker

Operations Manager

Commercial Director

Regional Sales Manager

Agency Principal

Chief Executive Officer

Franchise 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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