Brokerage Agreement For Sale Of Property Template for Switzerland

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Key Requirements PROMPT example:

Brokerage Agreement For Sale Of Property

"I need a Brokerage Agreement for Sale of Property for a luxury villa in Geneva, with exclusive rights for 6 months starting January 2025, including provisions for international marketing and specific terms for handling potential foreign buyers."

Document background
The Brokerage Agreement For Sale Of Property is a crucial document in Swiss real estate transactions, used when a property owner engages a professional broker to market and sell their property. This agreement is essential for clearly defining the broker's authority, responsibilities, and compensation structure while ensuring compliance with Swiss federal and cantonal laws. It becomes particularly important in high-value transactions and cases involving international buyers where additional regulatory requirements apply. The document typically includes detailed property descriptions, marketing terms, commission structures, and specific obligations of all parties involved. It serves as the primary reference point for the broker-client relationship throughout the property sale process and helps prevent potential disputes by clearly outlining all terms and conditions.
Suggested Sections

1. Parties: Identification of the broker and the property owner/seller, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Successful Transaction', and 'Effective Date'

4. Appointment and Scope of Services: Detailed description of the broker's appointment and specific services to be provided

5. Property Details: Comprehensive description of the property, including address, land register details, and key characteristics

6. Asking Price: Agreed listing price or price range for the property

7. Broker's Obligations: Detailed list of broker's duties, including marketing efforts, showing the property, and reporting requirements

8. Owner's Obligations: Property owner's responsibilities, including providing accurate information and reasonable access to the property

9. Commission Structure: Detailed terms of broker's commission, including percentage or fixed amount, payment timing, and conditions for commission earning

10. Term and Termination: Duration of the agreement and conditions for termination by either party

11. Confidentiality: Obligations regarding confidential information and property details

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

13. Signatures: Execution section including date and signatures of all parties

Optional Sections

1. Exclusivity: Terms of exclusive right to sell, used when the broker has exclusive rights to market and sell the property

2. Marketing Budget: Detailed marketing budget and cost allocation between parties, used for high-value properties requiring significant marketing investment

3. Special Property Features: Additional section for unique or luxury properties requiring specific marketing approaches

4. Foreign Buyer Considerations: Special provisions regarding Lex Koller requirements, used when targeting international buyers

5. Commercial Terms: Additional terms specific to commercial property sales, used for commercial real estate

6. Post-Sale Services: Additional services provided after sale, used when broker offers extended services

7. Digital Marketing Rights: Specific provisions for online marketing and virtual tours, used for properties requiring extensive digital presence

8. Sub-Broker Arrangements: Terms for cooperation with other brokers, used in complex or high-value sales

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property, including size, features, and condition

2. Commission Calculation Schedule: Detailed breakdown of commission calculation methods and examples

3. Marketing Plan: Comprehensive marketing strategy and timeline

4. Property Documentation: List of all property-related documents provided by the owner

5. Excluded Items: List of items not included in the property sale

6. Photographic Schedule: Approved photographs and marketing materials for the property

7. Due Diligence Checklist: List of required documents and verifications for the sale process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Real Estate Investment

Commercial Property

Residential Property

Luxury Real Estate

Industrial Property

Retail Property

Hospitality

Agricultural Real Estate

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Property Management

Contract Administration

Investment

Risk Management

Operations

Relevant Roles

Real Estate Broker

Property Sales Manager

Real Estate Agent

Legal Counsel

Property Manager

Real Estate Investment Manager

Business Development Manager

Sales Director

Contract Manager

Compliance Officer

Real Estate Portfolio Manager

Transaction 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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