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Real Estate Non Compete Agreement Template for Switzerland

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Key Requirements PROMPT example:

Real Estate Non Compete Agreement

"I need a Real Estate Non-Compete Agreement for a senior property developer leaving our Zurich-based real estate firm in March 2025, with restrictions covering the German-speaking cantons of Switzerland for a two-year period."

Document background
The Real Estate Non-Compete Agreement is essential in Swiss real estate transactions where protecting territorial interests and market position is crucial. This document is typically used when real estate professionals or companies part ways, during business sales, or in employment transitions within the Swiss real estate sector. It must carefully balance business protection with Swiss competition law requirements, incorporating both federal and cantonal considerations. The agreement specifically addresses geographical restrictions, permitted activities, and enforcement mechanisms, all structured within Switzerland's unique legal framework. Special attention is given to compliance with Swiss Code of Obligations and cantonal real estate regulations, making it suitable for various real estate business relationships while ensuring enforceability under Swiss law.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the business relationship between parties and reason for the non-compete arrangement

3. Definitions: Key terms used throughout the agreement, including 'Restricted Business', 'Territory', 'Confidential Information', and 'Competitive Activity'

4. Scope of Non-Compete: Detailed description of prohibited activities and business areas covered by the agreement

5. Geographic Restrictions: Specific definition of the territorial scope of the non-compete obligations

6. Duration: Time period for which the non-compete restrictions will remain in effect

7. Obligations of the Restricted Party: Specific commitments and restrictions agreed to by the party subject to the non-compete

8. Exceptions and Permitted Activities: Clear listing of activities that are explicitly permitted despite the non-compete restrictions

9. Consideration: Details of any compensation or consideration provided in exchange for the non-compete obligations

10. Confidentiality: Provisions regarding the handling of confidential information obtained during the business relationship

11. Remedies and Enforcement: Legal remedies available in case of breach, including injunctive relief and damages

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

Optional Sections

1. Group Company Provisions: Additional provisions extending restrictions or permissions to affiliated companies, used when parties are part of larger corporate groups

2. Special Carve-outs: Specific exemptions for certain types of activities or investments, used when particular exceptions need to be documented

3. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers, included when broader protection is needed

4. Assignment Rights: Provisions regarding the right to assign the agreement, used when transfer rights need to be specifically addressed

5. Post-Termination Obligations: Specific obligations that survive the termination of the agreement, used in cases of related business relationships

6. Monitoring and Reporting: Procedures for monitoring compliance, included when active oversight is required

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed maps or descriptions of the geographic areas covered by the non-compete restrictions

2. Schedule 2 - Restricted Activities: Comprehensive list of specific business activities that are prohibited under the agreement

3. Schedule 3 - Excluded Activities: Detailed list of business activities specifically permitted under the agreement

4. Schedule 4 - Related Companies: List of affiliated companies or group entities covered by or excluded from the restrictions

5. Appendix A - Compensation Details: Specific details of any consideration or compensation provided for the non-compete obligations

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

Commercial Property

Residential Property

Property Management

Real Estate Investment

Construction

Property Consulting

Real Estate Brokerage

Property Technology

Facilities Management

Urban Development

Relevant Teams

Legal

Real Estate Operations

Property Management

Business Development

Compliance

Corporate Development

Investment

Property Development

Risk Management

Commercial Operations

Transaction Advisory

Relevant Roles

Real Estate Director

Property Development Manager

Real Estate Agent

Property Portfolio Manager

Real Estate Investment Manager

Business Development Director

Real Estate Broker

Property Consultant

Legal Counsel

Compliance Officer

Real Estate Operations Manager

Regional Property Manager

Chief Real Estate Officer

Real Estate Transaction Manager

Development Director

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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