Buyer Representation Agreement Template for Switzerland

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Key Requirements PROMPT example:

Buyer Representation Agreement

"I need a Buyer Representation Agreement under Swiss law for a German investment firm looking to purchase commercial properties in Zurich, with a minimum investment of 10 million CHF, to be effective from March 1, 2025, with specific provisions for cross-border transactions and multi-property portfolio acquisition."

Document background
The Buyer Representation Agreement is a crucial document in Swiss real estate transactions, used when a buyer seeks professional representation in property acquisition. This agreement, governed by Swiss law, particularly Articles 394-406 of the Code of Obligations regarding mandate contracts, establishes the framework for professional representation in property transactions. It is essential for both domestic and international buyers navigating Switzerland's complex real estate market, detailing the agent's duties, buyer's obligations, commission structures, and compliance requirements. The document addresses specific Swiss regulatory considerations including cantonal requirements, Lex Koller restrictions for foreign buyers, and anti-money laundering obligations. It's particularly relevant for high-value transactions and international clients, requiring careful attention to Swiss banking and property regulations.
Suggested Sections

1. Parties: Identification of the buyer (client) and the real estate agent/agency, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the buyer's intention to purchase property and the agent's professional status

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

4. Scope of Services: Detailed description of services to be provided by the agent, including property search, viewings, negotiations, and advisory services

5. Agent's Obligations: Primary duties of the agent, including duty of care, loyalty, confidentiality, and compliance with Swiss real estate regulations

6. Client's Obligations: Client's responsibilities, including providing accurate information, cooperation, and exclusivity requirements

7. Commission Structure: Detailed explanation of fees, when they become payable, and payment terms in accordance with Swiss law

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

9. Confidentiality: Obligations regarding confidential information and compliance with Swiss data protection laws

10. Liability and Indemnification: Extent and limitations of agent's liability under Swiss law, and mutual indemnification provisions

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and designation of competent courts

Optional Sections

1. International Buyers Provisions: Additional provisions for foreign buyers, including Lex Koller compliance requirements

2. Multiple Property Search: Specific terms for clients seeking multiple properties or investment portfolios

3. Special Property Requirements: Detailed criteria for specific property types (e.g., commercial, luxury, agricultural)

4. Dual Agency Disclosure: Required when the agent may represent both buyer and seller in certain transactions

5. Anti-Money Laundering Compliance: Enhanced due diligence procedures for high-value transactions or specific client categories

6. Property Management Services: Additional terms for post-purchase property management services if offered

7. Language Provisions: For agreements provided in multiple languages, specifying which version prevails

Suggested Schedules

1. Schedule A - Property Requirements: Detailed specifications of the client's property requirements, including location, size, budget, and special features

2. Schedule B - Commission Schedule: Detailed breakdown of commission rates, calculation methods, and payment terms

3. Schedule C - Service Level Agreement: Specific commitments regarding response times, reporting frequency, and service standards

4. Appendix 1 - Agent Credentials: Copies of agent's professional licenses, certifications, and insurance coverage

5. Appendix 2 - Client Due Diligence: Required documentation for client identification and AML compliance

6. Appendix 3 - Power of Attorney: Optional power of attorney for specific actions on behalf of the client

7. Appendix 4 - Territory Map: Geographical definition of the search area if territorially restricted

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
Relevant Industries

Real Estate

Property Development

Professional Services

Investment Management

Private Banking

Wealth Management

Legal Services

Corporate Services

Relevant Teams

Real Estate

Legal

Compliance

Private Banking

Wealth Management

Investment Advisory

Client Relations

Risk Management

Operations

Document Management

Relevant Roles

Real Estate Agent

Property Advisor

Real Estate Broker

Wealth Manager

Legal Counsel

Compliance Officer

Investment Manager

Client Relationship Manager

Property Portfolio Manager

Family Office Manager

Real Estate Director

Head of Real Estate

Private Banking Advisor

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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