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Non Circumvention Agreement (Real Estate) Template for Switzerland

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Key Requirements PROMPT example:

Non Circumvention Agreement (Real Estate)

"I need a Non Circumvention Agreement (Real Estate) to protect my Swiss real estate brokerage firm when introducing high-net-worth international clients to luxury property developments in Geneva, with specific provisions for commission protection and a duration until January 2025."

Document background
The Non-Circumvention Agreement (Real Estate) is essential in Switzerland's sophisticated real estate market where business introductions and relationships carry significant value. This document is typically used when parties are discussing potential real estate opportunities and need to ensure that their role in facilitating transactions is protected. It becomes particularly relevant in situations where one party introduces valuable real estate opportunities, contacts, or information to another party. The agreement, governed by Swiss law, prevents the receiving party from bypassing the introducing party to directly pursue the opportunity. It includes specific provisions addressing Swiss real estate regulations, broker protection rules, and compliance with both federal and cantonal laws. The document is especially important given Switzerland's high-value real estate market and the significant role of intermediaries in property transactions.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose

3. Definitions: Definitions of key terms including 'Confidential Information', 'Circumvention', 'Protected Parties', 'Transaction', and 'Property'

4. Scope of Agreement: Clear delineation of what activities and relationships are covered by the agreement

5. Non-Circumvention Obligations: Core obligations not to bypass or circumvent the protected party in dealings related to the specified real estate opportunities

6. Confidentiality Obligations: Requirements regarding the handling and protection of confidential information

7. Duration: Term of the agreement and any survival provisions

8. Compensation and Fees: Agreement on commission structures and payment obligations if circumvention occurs

9. Remedies and Penalties: Consequences of breach, including specific remedies and calculation of damages

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, amendments, and notices

Optional Sections

1. International Provisions: Additional provisions for cross-border transactions or foreign parties, including Lex Koller compliance

2. Multiple Property Provisions: Specific provisions when the agreement covers multiple real estate properties or developments

3. Broker Protection: Additional protections specifically for real estate brokers and their commission rights

4. Assignment Rights: Provisions regarding the right to assign the agreement to affiliated entities or third parties

5. Alternative Dispute Resolution: Mediation or arbitration procedures as alternatives to court litigation

6. Force Majeure: Provisions for unforeseen circumstances affecting performance of obligations

7. Data Protection Compliance: Specific provisions ensuring compliance with Swiss data protection laws

Suggested Schedules

1. Schedule A - Protected Properties: List and details of specific real estate properties covered by the agreement

2. Schedule B - Protected Parties: Comprehensive list of all protected parties, including affiliates and related entities

3. Schedule C - Confidential Information: Detailed description of what constitutes confidential information under the agreement

4. Schedule D - Commission Structure: Detailed breakdown of commission rates and payment structures

5. Appendix 1 - Contact Details: Contact information for authorized representatives of all parties

6. Appendix 2 - Approved Communication Methods: Specified methods and protocols for communication between parties

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

Property Development

Investment Banking

Property Management

Construction

Real Estate Investment

Commercial Property

Residential Property

Real Estate Advisory

Asset Management

Relevant Teams

Real Estate

Legal

Compliance

Investment

Business Development

Asset Management

Property Management

Acquisitions

Project Development

Risk Management

Relevant Roles

Real Estate Broker

Property Development Manager

Investment Director

Real Estate Fund Manager

Property Acquisition Manager

Real Estate Legal Counsel

Investment Banker

Asset Manager

Real Estate Partner

Business Development Manager

Commercial Director

Head of Real Estate

Property Portfolio Manager

Real Estate Consultant

Compliance Officer

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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