Exclusive Tenant Brokerage Agreement Template for Switzerland

The Exclusive Tenant Brokerage Agreement is essential for establishing a professional relationship between real estate brokers and tenants in Switzerland. This document is typically used when a tenant requires dedicated professional assistance in finding and securing suitable property, whether for commercial or residential purposes. The agreement grants the broker exclusive rights to represent the tenant, ensuring focused attention and avoiding conflicts of interest. It complies with Swiss federal and cantonal regulations, particularly the Swiss Code of Obligations' provisions on brokerage and mandate contracts. The document covers crucial elements including service scope, commission structures, exclusivity period, and broker's obligations, while incorporating Swiss-specific requirements for real estate transactions and data protection. This type of agreement is particularly valuable for complex property searches or when tenants seek professional representation in competitive market conditions.

1. Parties: Identification of the broker and the tenant client, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement, including the tenant's intention to find suitable property and appointment of the broker

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

4. Appointment and Scope: Explicit statement of exclusive appointment and detailed description of brokerage services to be provided

5. Term and Exclusivity: Duration of the agreement and specific terms of the exclusive arrangement

6. Broker's Services and Obligations: Detailed list of services to be provided, including property search, negotiations, and advisory services

7. Client's Obligations: Tenant's responsibilities, including providing accurate requirements, timely responses, and exclusive dealing commitment

8. Commission Structure: Detailed breakdown of broker's fees, payment terms, and conditions for commission becoming due

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

10. Termination: Conditions and process for terminating the agreement, including notice periods and consequences

11. Liability and Indemnification: Limitations of liability and indemnification provisions in accordance with Swiss law

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

13. Miscellaneous: Standard provisions including entire agreement, amendments, and severability