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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."
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
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
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
Real Estate
Property Management
Commercial Property
Residential Property
Hospitality
Retail Property
Industrial Property
Asset Management
Investment Management
Property Development
Legal
Real Estate Operations
Property Management
Asset Management
Compliance
Risk Management
Investment
Facilities Management
Client Relations
Contract Administration
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
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