The Real Estate Agent Agreement Contract is a fundamental document used in Swiss real estate transactions to establish and regulate the professional relationship between real estate agents and their clients. This agreement is essential when engaging a real estate agent for property sales, purchases, or leasing services in Switzerland. It must comply with federal legislation, including the Swiss Code of Obligations, anti-money laundering regulations, and cantonal real estate laws. The document typically includes detailed provisions on service scope, commission structures, exclusivity terms, and specific obligations of both parties. It's particularly important in the Swiss market due to the complex regulatory environment and the high-value nature of real estate transactions, often involving international clients and requiring compliance with Lex Koller regulations.
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1. Parties: Identification of the Agent (including professional license details if applicable) and the Client (property owner/seller/buyer)
2. Background: Context of the agreement and brief description of the property-related services required
3. Definitions: Key terms used throughout the agreement, including specific Swiss real estate terminology
4. Appointment and Scope of Services: Formal appointment of the agent and detailed description of services to be provided
5. Duration and Termination: Term of the agreement, renewal provisions, and termination conditions as per Swiss law
6. Agent's Obligations: Detailed responsibilities including marketing, viewings, negotiations, and compliance with Swiss regulations
7. Client's Obligations: Client's responsibilities including providing accurate information and necessary documentation
8. Commission Structure: Detailed fee arrangement, payment terms, and conditions for commission eligibility
9. Exclusivity Terms: Whether the agreement is exclusive or non-exclusive, and related conditions
10. Liability and Insurance: Agent's professional liability provisions and insurance requirements
11. Data Protection: Compliance with Swiss data protection laws regarding client and property information
12. Anti-Money Laundering Compliance: Obligations under Swiss AML regulations
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. Entire Agreement: Integration clause confirming the complete agreement between parties
1. International Clients: Additional provisions for foreign buyers/sellers, including Lex Koller compliance
2. Multiple Property Listing: Terms for handling multiple properties under the same agreement
3. Sub-Agents: Provisions for the appointment and management of sub-agents
4. Marketing Budget: Specific terms regarding marketing expenses and cost allocation
5. Virtual Services: Provisions for virtual viewings and digital marketing services
6. Property Management: Additional terms if property management services are included
7. Success Bonus: Terms for additional performance-based compensation
8. Language Provisions: For agreements in multiple languages, specifying the prevailing version
1. Property Details: Detailed description of the property(ies) covered by the agreement
2. Commission Schedule: Detailed breakdown of commission rates and calculation methods
3. Service Level Agreement: Specific performance metrics and service standards
4. Marketing Plan: Detailed marketing strategy and activities
5. Required Documentation: List of documents required from the client
6. Fee Schedule: Breakdown of additional fees and charges beyond commission
7. Compliance Checklist: AML and regulatory compliance requirements
8. Agency Network: List of affiliated agents or partner agencies if applicable
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Property Management
Financial Services
Insurance
Construction and Development
Professional Services
Hospitality
Retail
Commercial Property
Relevant Teams
Legal
Compliance
Real Estate Operations
Sales
Business Development
Risk Management
Client Relations
Property Management
Contract Administration
Document Control
Relevant Roles
Real Estate Agent
Property Manager
Real Estate Broker
Legal Counsel
Compliance Officer
Contract Manager
Business Development Manager
Sales Director
Managing Director
Operations Manager
Risk Manager
Client Relationship Manager
Property Consultant
Real Estate Portfolio Manager
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