Real Estate Independent Contractor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Real Estate Independent Contractor Agreement

"I need a Real Estate Independent Contractor Agreement under Swiss law for a luxury property agency in Zurich, with special focus on international client handling and high-value property transactions, to be effective from March 1, 2025."

Document background
The Real Estate Independent Contractor Agreement is essential for Swiss real estate companies engaging professional agents as independent contractors rather than employees. This document is typically used when a real estate agency or brokerage firm wishes to establish a formal relationship with a real estate agent while maintaining their independent status under Swiss law. It includes crucial provisions regarding licensing requirements, commission structures, professional obligations, and compliance with Swiss federal and cantonal regulations. The agreement is particularly important in the Swiss context due to specific legal requirements regarding real estate transactions, including anti-money laundering regulations and cantonal licensing requirements. It provides clear guidelines on the scope of services, territorial limitations, and professional standards while ensuring compliance with Swiss independent contractor regulations.
Suggested Sections

1. Parties: Identification of the contracting parties - the real estate company and the independent contractor

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of real estate services to be provided by the contractor

5. Independent Contractor Status: Clear establishment of independent contractor relationship and distinction from employment

6. Compensation and Commission Structure: Details of payment terms, commission rates, and calculation methods

7. Term and Termination: Duration of the agreement and conditions for termination

8. Obligations of the Contractor: Contractor's duties, responsibilities, and performance standards

9. Obligations of the Company: Company's duties and support provided to the contractor

10. Licenses and Compliance: Requirements for maintaining necessary real estate licenses and regulatory compliance

11. Confidentiality: Protection of confidential information and trade secrets

12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

13. Insurance and Liability: Insurance requirements and allocation of liability

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

15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

16. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Training and Support: Optional section detailing additional training and support provided by the company

2. Marketing and Advertising: Guidelines for marketing activities and use of company branding, if applicable

3. Equipment and Resources: Provisions regarding use of company resources or contractor's own equipment

4. Team Collaboration: Rules for working with other contractors or employees, if applicable

5. International Transactions: Special provisions for dealing with international clients (relevant if working with foreign buyers)

6. Property Management Services: Additional terms if contractor will provide property management services

7. Virtual Services: Provisions for virtual showings and digital services if relevant

Suggested Schedules

1. Schedule A - Commission Structure: Detailed breakdown of commission rates and payment terms

2. Schedule B - Approved Territory: Geographic area where contractor is authorized to operate

3. Schedule C - Required Insurance Coverage: Specific insurance types and coverage amounts required

4. Schedule D - Company Policies and Procedures: Key operational policies and procedures to be followed

5. Schedule E - Marketing Guidelines: Detailed marketing and branding requirements

6. Appendix 1 - Required Licenses and Certifications: List of required professional qualifications and deadlines for obtaining them

7. Appendix 2 - Data Protection Protocols: Detailed procedures for handling personal data in compliance with Swiss law

8. Appendix 3 - Compliance Checklist: Checklist of regulatory requirements and compliance obligations

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
Clauses
Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Luxury Real Estate

Property Development

Real Estate Investment

Property Marketing

Real Estate Consulting

Property Technology

Relevant Teams

Legal

Human Resources

Compliance

Operations

Sales

Marketing

Business Development

Risk Management

Finance

Property Management

Investment Advisory

Relevant Roles

Real Estate Agent

Property Broker

Real Estate Consultant

Property Manager

Real Estate Sales Associate

Business Development Manager

Compliance Officer

Legal Counsel

HR Director

Operations Manager

Real Estate Marketing Specialist

Property Valuation Expert

Real Estate Investment 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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