Buyer Agency Contract Template for Switzerland

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Key Requirements PROMPT example:

Buyer Agency Contract

"I need a Buyer Agency Contract for a German corporate client looking to purchase commercial property in Zurich, with exclusive representation rights starting March 2025 and including Lex Koller compliance provisions."

Document background
The Buyer Agency Contract is essential for establishing clear professional relationships in Swiss real estate transactions. It is used when a prospective property buyer seeks professional representation in their property search and acquisition process. The document, governed by Swiss law, particularly the Swiss Code of Obligations (OR/CO) and cantonal regulations, defines the agent's scope of authority, responsibilities, and compensation structure. It includes crucial provisions for compliance with Swiss real estate regulations, anti-money laundering requirements, and, where relevant, Lex Koller restrictions for foreign buyers. The contract protects both parties by clearly defining the terms of engagement, service expectations, and commission arrangements, while ensuring compliance with all relevant Swiss legal requirements.
Suggested Sections

1. Parties: Identification of the buyer (principal) and the real estate agent (agent), including full legal names, addresses, and any registration numbers

2. Background: Context of the agreement, including the buyer's intention to purchase real estate and the agent's professional qualifications

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements,' 'Territory,' 'Commission,' and 'Exclusive Agency'

4. Appointment and Scope of Authority: Formal appointment of the agent and detailed description of authorized activities on behalf of the buyer

5. Agent's Services and Obligations: Comprehensive list of services to be provided, including property search, viewings, negotiations, and due diligence assistance

6. Buyer's Obligations: Buyer's responsibilities, including providing accurate requirements, responding to proposals, and maintaining confidentiality

7. Commission Structure: Detailed explanation of agent's fees, payment terms, and conditions for commission becoming due

8. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination

9. Confidentiality: Obligations regarding confidential information shared during the agency relationship

10. Liability and Indemnification: Extent of agent's liability and circumstances under which the buyer must indemnify the agent

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Exclusivity: Section defining exclusive rights of the agent, used when the agreement is an exclusive agency arrangement

2. International Buyers: Additional provisions addressing Lex Koller requirements, used when the buyer is a foreign person

3. Multiple Buyers: Provisions for joint buyers or corporate buyers with multiple stakeholders

4. Post-Termination Obligations: Extended obligations after agreement termination, particularly for commission on delayed transactions

5. Anti-Money Laundering Compliance: Specific AML obligations and procedures, particularly relevant for high-value transactions

6. Language: Provisions regarding official language version when contract is bilingual, relevant for international buyers

Suggested Schedules

1. Schedule 1 - Property Requirements: Detailed specifications of the type of property sought, including location, size, budget, and special requirements

2. Schedule 2 - Commission Structure: Detailed breakdown of commission calculations, including any sliding scales or special circumstances

3. Schedule 3 - Authorized Representatives: List of persons authorized to act on behalf of the buyer or agent

4. Appendix A - Agent's Professional Credentials: Copies of agent's licenses, registrations, and professional memberships

5. Appendix B - Due Diligence Checklist: Standard checklist of investigations and verifications to be performed for property purchases

6. Appendix C - Power of Attorney: If applicable, formal power of attorney authorizing agent to act on buyer's behalf in specific circumstances

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 Industries

Real Estate

Property Development

Legal Services

Financial Services

Property Management

Construction

Investment Management

Private Banking

Wealth Management

Relevant Teams

Legal

Compliance

Real Estate

Property Services

Client Advisory

Wealth Management

Investment Advisory

Transaction Services

Risk Management

Document Management

Relevant Roles

Real Estate Agent

Property Buyer's Agent

Real Estate Broker

Legal Counsel

Compliance Officer

Property Consultant

Real Estate Advisory Manager

Wealth Manager

Investment Advisor

Real Estate Transaction Manager

Client Relationship Manager

Property Portfolio 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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