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Non Exclusive Buyer Agency Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Exclusive Buyer Agency Agreement

"I need a Non-Exclusive Buyer Agency Agreement for a Swiss domestic client looking to purchase residential property in Zurich, with a six-month term starting January 2025 and standard commission rates for the local market."

Document background
The Non-Exclusive Buyer Agency Agreement is utilized in the Swiss real estate market when a property buyer wishes to engage a real estate agent's services while maintaining the flexibility to work with other agents. This document is essential in the Swiss context, where real estate transactions are governed by strict regulations and professional standards. The agreement typically includes detailed provisions for property search services, viewing arrangements, negotiation support, and transaction assistance, all while complying with Swiss federal and cantonal laws. It's particularly valuable in competitive real estate markets where buyers benefit from multiple agent relationships, while still ensuring clear terms for commission and service expectations. The agreement incorporates necessary provisions from the Swiss Code of Obligations regarding mandate relationships and includes specific considerations for anti-money laundering compliance and, where relevant, Lex Koller requirements for foreign buyers.
Suggested Sections

1. Parties: Identification of the buyer (principal) and the real estate agent (agent), including full legal names, addresses, and contact details

2. Background: Context of the agreement, including the buyer's intention to purchase real estate and the agent's qualifications and licenses

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements,' 'Territory,' 'Commission,' and 'Successful Transaction'

4. Appointment and Scope: Establishes the non-exclusive nature of the appointment and defines the general scope of the agent's services

5. Agent's Services: Detailed description of services to be provided, including property search, viewings, negotiations, and advisory services

6. Agent's Obligations: Key responsibilities including due diligence, confidentiality, and compliance with relevant laws

7. Client's Obligations: Buyer's responsibilities including providing accurate requirements, cooperating with the agent, and maintaining communication

8. Commission Structure: Details of the agent's compensation, including rate, calculation method, and payment terms

9. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

10. Confidentiality: Obligations regarding confidential information and its handling during and after the agreement

11. Liability and Indemnification: Limitations of liability and indemnification provisions compliant with Swiss law

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

Optional Sections

1. Foreign Buyer Provisions: Additional terms specifically for foreign buyers, including Lex Koller compliance requirements

2. Luxury Property Services: Enhanced service provisions for high-value properties, including additional discretion and specialized services

3. Multiple Territory Coverage: Specific terms for searches across multiple cantons or regions

4. Property Management Services: Additional terms if the agent will provide property management services post-purchase

5. Digital Services: Terms governing virtual viewings, digital documentation, and electronic communications

6. Success Fee Structure: Alternative compensation structures based on achieving specific targets or savings

Suggested Schedules

1. Schedule A - Property Requirements: Detailed specifications of the buyer's property requirements including location, size, budget, and essential features

2. Schedule B - Commission Schedule: Detailed breakdown of commission rates, calculation methods, and payment terms

3. Schedule C - Service Level Details: Specific service standards, response times, and reporting requirements

4. Appendix 1 - Agent's Credentials: Copies of relevant licenses, certifications, and professional memberships

5. Appendix 2 - Power of Attorney: Optional power of attorney for specific actions on behalf of the buyer

6. Appendix 3 - Compliance Checklist: Anti-money laundering and other regulatory compliance requirements and 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

Property Development

Legal Services

Financial Services

Property Management

Professional Services

Construction

Investment Management

Relevant Teams

Legal

Real Estate Operations

Compliance

Client Relations

Property Advisory

Contract Administration

Risk Management

Business Development

Investment Advisory

Transaction Support

Relevant Roles

Real Estate Agent

Property Buyer's Agent

Real Estate Broker

Property Consultant

Real Estate Advisory Manager

Client Relationship Manager

Legal Counsel

Compliance Officer

Real Estate Transaction Manager

Property Investment Advisor

Real Estate Operations Manager

Contract Administrator

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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