The Exclusive Buyer Brokerage Agreement is a crucial document used in Swiss real estate transactions when a property buyer seeks dedicated professional representation in their property search and acquisition process. This specialized agreement, governed by Swiss law, particularly the Code of Obligations (OR), establishes an exclusive relationship between a licensed real estate broker and a buyer, protecting both parties' interests throughout the property search and acquisition process. The document details the broker's exclusive rights and obligations, comprehensive service scope, fee structures, and compliance requirements with Swiss real estate regulations, including cantonal requirements and anti-money laundering provisions. It's particularly important in Switzerland's complex property market, where local expertise and professional representation can be crucial for successful transactions, especially when dealing with international buyers or high-value properties.
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1. Parties: Identification of the broker and the buyer, including full legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, including the buyer's intention to purchase property and the broker's qualifications
3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Territory', 'Exclusive Period', and 'Broker's Fee'
4. Appointment and Scope: Formal appointment of the broker as exclusive representative and detailed scope of services to be provided
5. Term and Exclusivity: Duration of the agreement and explicit terms of the exclusive relationship
6. Broker's Services and Obligations: Comprehensive list of services the broker will provide, including property search, viewings, negotiations, and advisory services
7. Client's Obligations: Buyer's commitments, including providing accurate requirements, maintaining exclusive relationship, and prompt communication
8. Fees and Payment Terms: Detailed structure of broker's fees, payment timing, and conditions for fee obligation
9. Confidentiality: Obligations regarding confidential information shared during the relationship
10. Compliance with Laws: Commitment to comply with relevant Swiss laws, including anti-money laundering regulations
11. Termination: Conditions and process for ending the agreement, including any early termination fees
12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
13. General Provisions: Standard clauses including notices, amendments, and severability
1. International Buyer Provisions: Additional provisions specific to international buyers, including Lex Koller compliance requirements
2. Luxury Property Services: Enhanced service provisions for high-value property searches and specialized requirements
3. Multiple Property Purchase: Provisions for clients seeking to purchase multiple properties
4. Property Management Services: Additional services for post-purchase property management if offered by the broker
5. Force Majeure: Provisions dealing with extraordinary circumstances that may affect the agreement's performance
6. Language: For international clients, provisions about official language of the agreement and translations
7. Special Market Conditions: Provisions addressing specific market conditions or restrictions
1. Schedule A - Property Requirements: Detailed specifications of the type of property sought, including location, size, budget, and special requirements
2. Schedule B - Fee Structure: Detailed breakdown of all fees, including circumstances affecting fee calculations and examples
3. Schedule C - Broker's Services: Comprehensive list of included and excluded services
4. Schedule D - Required Documentation: List of documents required from the buyer for compliance and property search
5. Appendix 1 - Power of Attorney: Optional power of attorney form for broker representation in certain transactions
6. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and necessary documentation
7. Appendix 3 - Territory Map: Definition of the geographical area covered by the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Financial Services
Property Development
Banking
Investment Management
Corporate Services
Wealth Management
Relevant Teams
Legal
Real Estate
Compliance
Business Development
Client Services
Contract Management
Investment Advisory
Property Services
Transaction Management
Relevant Roles
Real Estate Broker
Property Consultant
Legal Counsel
Compliance Officer
Real Estate Manager
Investment Advisor
Property Acquisition Specialist
Client Relationship Manager
Real Estate Transaction Manager
Contract Manager
Business Development Manager
Wealth Manager
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