The Management Agreement (Real Estate) is a crucial document used when property owners wish to delegate the management of their real estate assets to professional property managers in Switzerland. This agreement is particularly important in the Swiss context due to specific regulatory requirements at both federal and cantonal levels. The document outlines comprehensive management services, including property maintenance, tenant relationships, financial administration, and regulatory compliance. It is designed to comply with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements, while addressing cantonal-specific regulations. The agreement typically includes detailed provisions for service scope, fee structures, reporting requirements, and liability allocation, making it essential for both large-scale property portfolios and individual investment properties.
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1. Parties: Identification of the property owner and the management company, including full legal names, addresses, and registration details
2. Background: Context of the agreement, description of the property, and general purpose of the management arrangement
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Management Fee', etc.
4. Appointment and Term: Formal appointment of the manager, duration of the agreement, and renewal terms
5. Scope of Services: Comprehensive list of core management services to be provided
6. Manager's Obligations: Detailed responsibilities and duties of the property manager
7. Owner's Obligations: Responsibilities and duties of the property owner
8. Financial Management: Handling of rent collection, expenses, accounts, and financial reporting
9. Fees and Expenses: Management fees, additional charges, and payment terms
10. Reporting Requirements: Regular reports, documentation, and communication requirements
11. Insurance and Liability: Insurance requirements and allocation of liability between parties
12. Termination: Grounds for termination, notice periods, and post-termination obligations
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. General Provisions: Standard clauses including notices, amendments, and severability
1. Emergency Services: Additional section for properties requiring 24/7 emergency response services
2. Staff Management: Required if the manager will employ on-site staff for the property
3. Development and Renovation: Include when the manager will oversee major works or improvements
4. Marketing Services: Optional section for vacancy management and tenant acquisition services
5. Environmental Compliance: Required for properties with specific environmental requirements or certifications
6. Data Protection: Detailed section on handling of personal data, required if extensive tenant data is processed
7. Anti-Money Laundering Compliance: Required for high-value properties or when dealing with international clients
8. Force Majeure: Optional clause for addressing unforeseen circumstances affecting property management
1. Schedule 1 - Property Details: Detailed description of the managed property, including address, facilities, and specific features
2. Schedule 2 - Services Specification: Detailed breakdown of all management services to be provided
3. Schedule 3 - Fee Schedule: Comprehensive fee structure including basic management fee and additional service charges
4. Schedule 4 - Reporting Templates: Standard formats for regular financial and operational reports
5. Schedule 5 - Key Performance Indicators: Metrics for evaluating management performance
6. Schedule 6 - Emergency Procedures: Protocols for handling emergency situations
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications for both parties
8. Appendix A - Power of Attorney: If required, authorization for the manager to act on owner's behalf
9. Appendix B - Building Plans: Technical drawings and plans of the property
10. Appendix C - Maintenance Schedule: Regular maintenance and inspection requirements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Facility Management
Commercial Property
Residential Property
Property Investment
Asset Management
Property Development
Real Estate Investment Trusts (REITs)
Hospitality
Relevant Teams
Legal
Real Estate
Property Management
Asset Management
Operations
Finance
Compliance
Facilities Management
Technical Services
Tenant Relations
Investment
Risk Management
Relevant Roles
Property Manager
Asset Manager
Real Estate Director
Facility Manager
Property Management Coordinator
Real Estate Investment Manager
Operations Manager
Building Manager
Property Portfolio Manager
Real Estate Lawyer
Compliance Officer
Financial Controller
Technical Services Manager
Leasing Manager
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