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Owner Agent Agreement Template for Switzerland

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Key Requirements PROMPT example:

Owner Agent Agreement

"I need a Swiss Owner Agent Agreement for my portfolio of five commercial properties in Zurich, with the agent having full management authority but requiring owner approval for expenses over CHF 10,000."

Document background
The Owner Agent Agreement is a crucial document used in Swiss real estate transactions and property management to formalize the relationship between property owners and their appointed agents. This agreement is essential when a property owner wishes to delegate authority for property management, maintenance, or sales to a professional agent or agency. The document must comply with Swiss legal requirements, particularly the Swiss Code of Obligations (OR) and cantonal regulations. It typically includes detailed provisions for the scope of authority, compensation structures, compliance requirements, and termination conditions. The agreement is particularly relevant for both residential and commercial properties, and can be adapted for individual properties or property portfolios. It serves as a comprehensive framework for protecting both parties' interests while ensuring clear accountability and performance standards in the Swiss property market.
Suggested Sections

1. Parties: Identification of the property owner(s) and the appointed agent, including full legal names, addresses, and registration details

2. Background: Context of the appointment and brief description of the property/properties covered by the agreement

3. Definitions: Key terms used throughout the agreement, including Property, Services, Territory, and Applicable Laws

4. Appointment and Scope: Terms of agent appointment, duration, and territory of operation

5. Agent's Authority: Specific powers granted to the agent and any limitations

6. Agent's Duties and Obligations: Detailed responsibilities including reporting, compliance with laws, and standard of care

7. Owner's Obligations: Property owner's responsibilities, including information provision and cooperation

8. Fees and Expenses: Compensation structure, payment terms, and reimbursable expenses

9. Compliance: Obligations regarding Swiss laws, particularly AMLA and data protection requirements

10. Liability and Indemnification: Allocation of risks and responsibilities between parties

11. Insurance: Required insurance coverage and minimum limits

12. Term and Termination: Duration of agreement and termination provisions as per Swiss law

13. Confidentiality: Protection of confidential information and trade secrets

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

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

Optional Sections

1. Property Management Services: Detailed provisions for ongoing property management, including maintenance, tenant relations, and reporting - include when agent will provide property management services

2. Sales Authority: Specific provisions for property sale authority, including pricing, marketing, and commission structure - include when agent has authority to sell property

3. International Transactions: Additional provisions for cross-border aspects and Lex Koller compliance - include when foreign buyers/sellers may be involved

4. Multiple Properties: Specific provisions for managing multiple properties - include when agreement covers more than one property

5. Sub-Agents: Terms for appointment and management of sub-agents - include when sub-agents may be needed

6. Digital Services: Provisions for digital property management tools and platforms - include when specific digital services are part of the offering

7. Emergency Procedures: Specific protocols for emergency situations - include for high-value properties or when 24/7 service is required

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property/properties covered by the agreement

2. Schedule 2 - Services Specification: Detailed list of services to be provided by the agent

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, commissions, and payment terms

4. Schedule 4 - Reporting Requirements: Format and frequency of required reports

5. Schedule 5 - Key Performance Indicators: Metrics for evaluating agent's performance

6. Appendix A - Power of Attorney: Standard power of attorney form if required

7. Appendix B - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

8. Appendix C - Compliance Checklist: Checklist of regulatory requirements and compliance measures

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







































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Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Hospitality

Retail Property

Industrial Property

Asset Management

Investment Management

Property Development

Relevant Teams

Legal

Real Estate Operations

Property Management

Asset Management

Compliance

Risk Management

Investment

Facilities Management

Client Relations

Contract Administration

Relevant Roles

Property Manager

Real Estate Agent

Asset Manager

Portfolio Manager

Real Estate Director

Property Services Manager

Facilities Manager

Real Estate Investment Manager

Legal Counsel

Compliance Officer

Real Estate Operations Manager

Property Administrator

Real Estate Transaction Manager

Client Relations Manager

Risk 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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