The Listing Agreement is a fundamental document in Swiss real estate transactions, used when a property owner wishes to engage a professional real estate agent or agency to market and sell their property. This contract type is essential for establishing clear terms of engagement and protecting both parties' interests under Swiss law. The agreement typically includes detailed provisions about the property, listing price, commission structure, marketing strategy, and the respective obligations of both parties. It must comply with various Swiss regulations, including cantonal real estate laws, the Swiss Code of Obligations, and data protection requirements. The document is particularly important in Switzerland's diverse real estate market, where properties may be subject to special regulations (such as Lex Koller for foreign buyers) and where precise documentation is crucial for both domestic and international transactions.
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1. Parties: Identification of the property owner(s) and the real estate agent/agency, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', 'Asking Price', etc.
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Property Details: Comprehensive description of the property, including address, land register details, and key features
6. Agent's Services and Obligations: Detailed listing of services to be provided by the agent, including marketing, showings, and negotiations
7. Owner's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property
8. Listing Price and Commission: Agreed listing price, commission rate, and payment terms
9. Term and Termination: Duration of the listing agreement and conditions for termination
10. Marketing Authorization: Consent for specific marketing activities and use of property information
11. Data Protection: Provisions regarding handling of personal data in compliance with Swiss Data Protection Act
12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
13. Signatures: Execution section with date and signatures of all parties
1. Exclusive Agency Rights: Used when the agreement grants exclusive listing rights to the agent
2. International Marketing: Include when property will be marketed internationally, addressing Lex Koller considerations
3. Special Property Features: For properties with unique characteristics requiring specific marketing or disclosure
4. Post-Termination Obligations: Include when there's a need to protect agent's rights for deals initiated during the listing period
5. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies and virtual showings
6. Multiple Owner Provisions: Required when property has multiple owners with different rights or requirements
7. Language Provisions: When agreement needs to be executed in multiple languages
1. Schedule A - Property Description: Detailed property specifications, including floor plans, land register extract, and technical details
2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the agent
3. Schedule C - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances
4. Schedule D - Property Photos: Approved photographs and visual materials for marketing
5. Schedule E - Property Documentation: List of all property-related documents provided by the owner
6. Appendix 1 - Agent's License: Copy of agent's professional license and registrations
7. Appendix 2 - Property Ownership Evidence: Documentation proving owner's right to sell the property
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Legal Services
Financial Services
Property Management
Construction
Hospitality
Commercial Property
Residential Property
Luxury Real Estate
Relevant Teams
Real Estate
Legal
Compliance
Sales
Marketing
Business Development
Contract Management
Operations
Risk Management
Corporate Services
Property Management
Transaction Advisory
Relevant Roles
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Real Estate Broker
Sales Director
Business Development Manager
Contract Manager
Property Portfolio Manager
Real Estate Marketing Manager
Corporate Lawyer
Real Estate Partner
Transaction Manager
Senior Real Estate Consultant
Chief Executive Officer
Managing Director
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