Mortgage Broker Exclusivity Agreement Template for Switzerland

The Mortgage Broker Exclusivity Agreement is a crucial document used in the Swiss market when a client wishes to engage a mortgage broker as their sole representative in securing mortgage financing. This agreement is particularly important in Switzerland's sophisticated financial services landscape, where mortgage arrangements often involve complex regulatory requirements and multiple financial institutions. The document establishes the exclusive nature of the relationship, preventing the client from engaging other brokers during the specified period, while obligating the broker to act in the client's best interests. It typically includes detailed fee structures, service scope, and compliance requirements under Swiss financial regulations, including FIDLEG/FinSA. This agreement is commonly used for both residential and commercial property transactions, and can be adapted for individual or corporate clients seeking mortgage financing in Switzerland.

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

2. Background: Context of the agreement, including the client's intention to seek mortgage financing and the broker's qualification to provide such services

3. Definitions: Key terms used throughout the agreement, including 'Exclusive Period', 'Services', 'Success Fee', and other relevant terminology

4. Appointment and Scope of Services: Details of the broker's appointment as exclusive mortgage broker and comprehensive list of services to be provided

5. Exclusivity: Terms of the exclusive arrangement, including duration and geographical scope

6. Broker's Obligations: Detailed responsibilities of the broker, including due diligence, information gathering, and lender negotiations

7. Client's Obligations: Client's responsibilities, including providing accurate information and necessary documentation

8. Fees and Payment Terms: Structure of broker's fees, including success fees, retainers, and payment conditions

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Obligations regarding confidential information exchange and protection

11. Data Protection: Compliance with Swiss data protection laws and handling of personal information

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions