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Exclusive Brokerage Contract
"I need an Exclusive Brokerage Contract under Swiss law for my luxury real estate agency in Geneva, granting us exclusive rights to sell a portfolio of high-end residential properties for a 12-month period starting January 2025, with specific provisions for international client handling and anti-money laundering compliance."
1. Parties: Identification of the broker and the client, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, establishing the client's intention to engage the broker and the broker's qualification to provide the services
3. Definitions: Key terms used throughout the agreement, including 'Exclusive Period', 'Territory', 'Services', and 'Success Fee'
4. Appointment and Scope: Formal appointment of the broker as exclusive representative and detailed description of the services to be provided
5. Exclusivity: Terms of the exclusive relationship, including duration and territorial scope
6. Broker's Obligations: Detailed listing of the broker's duties, responsibilities, and service standards
7. Client's Obligations: Client's responsibilities, including providing necessary information and cooperation
8. Commission Structure: Detailed explanation of fees, commission rates, payment terms, and triggering events
9. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability, professional indemnity, and risk allocation
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
13. General Provisions: Standard clauses including entire agreement, amendments, and notices
1. Anti-Money Laundering Compliance: Required when the brokerage involves real estate or financial instruments, detailing AML obligations and procedures
2. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss data protection laws
3. Post-Termination Obligations: Include when there's a need to protect ongoing commission rights or maintain confidentiality after termination
4. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
5. Non-Circumvention: Include to prevent direct dealings between client and introduced parties that bypass the broker
6. Marketing Authorization: Include when the broker needs specific rights to market the client's property or business
7. Insurance Requirements: Include when specific insurance coverage needs to be maintained by either party
1. Schedule 1 - Service Description: Detailed description of brokerage services, including any excluded services
2. Schedule 2 - Commission Schedule: Detailed breakdown of commission rates, calculation methods, and examples
3. Schedule 3 - Territory Definition: Specific geographical areas or market segments covered by the exclusivity
4. Appendix A - Required Documentation: List of documents and information the client must provide
5. Appendix B - Reporting Templates: Standard forms for activity reports and commission calculations
6. Appendix C - Contact Details: Key contact persons and communication protocols for both parties
Authors
Broker
Client
Services
Exclusive Period
Territory
Commission
Success Fee
Completion
Confidential Information
Effective Date
Initial Term
Intellectual Property Rights
Introduced Party
Material Breach
Minimum Price
Professional Standards
Property
Qualified Transaction
Related Persons
Representatives
Sale
Successful Transaction
Target
Term
Transaction Documents
Working Day
Exclusivity Rights
Commission Trigger Event
Competing Broker
Due Diligence Materials
Force Majeure Event
Marketing Materials
Professional Indemnity Insurance
Termination Date
Exclusivity
Scope of Services
Term
Commission
Payment Terms
Broker's Obligations
Client's Obligations
Representations and Warranties
Confidentiality
Non-Circumvention
Data Protection
Intellectual Property
Liability
Indemnification
Force Majeure
Anti-Money Laundering
Compliance with Laws
Record Keeping
Reporting
Marketing Rights
Territory
Non-Competition
Insurance
Assignment
Termination
Post-Termination Obligations
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Language
Counterparts
Real Estate
Financial Services
Business Brokerage
Mergers & Acquisitions
Commercial Property
Residential Property
Investment Banking
Insurance Brokerage
Art & Luxury Goods
Business Sales & Acquisitions
Legal
Compliance
Business Development
Sales
Real Estate
Commercial
Contracts Administration
Risk Management
Operations
Partnership Management
Broker
Real Estate Agent
Business Broker
Legal Counsel
Contracts Manager
Business Development Manager
Property Manager
Investment Advisor
Commercial Director
Compliance Officer
Sales Director
Transaction Manager
Partnership Manager
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