The Non Exclusive Buyer Representation Agreement is a crucial document in Swiss real estate transactions, designed to establish a professional relationship between property buyers and real estate agents while maintaining the buyer's freedom to work with multiple agents. This agreement is particularly relevant in Switzerland's diverse real estate market, where buyers often require specialized assistance in navigating complex property transactions across different cantons. The document addresses key aspects such as agent responsibilities, commission structures, and compliance with Swiss regulations, including cantonal laws and federal requirements like Lex Koller for foreign buyers. It provides flexibility while ensuring professional standards are maintained, making it suitable for both residential and commercial property searches. The non-exclusive nature of the agreement aligns with Swiss market practices, where buyers often benefit from accessing multiple property sources and agent networks.
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1. Parties: Identification of the buyer (client) and the real estate agent/broker, including full legal names, addresses, and contact 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 'Representation Services'
4. Scope of Services: Detailed description of the services the agent will provide, including property search, viewings, negotiations, and advisory services
5. Non-Exclusive Nature: Clear statement of the non-exclusive relationship and the client's right to work with other agents
6. Duration and Termination: Term of the agreement, including start date, end date, and termination provisions
7. Commission Structure: Details of the agent's compensation, including rates, payment timing, and circumstances under which commission becomes payable
8. Agent's Obligations: Specific duties and responsibilities of the agent, including professional standards and reporting requirements
9. Client's Obligations: Responsibilities of the buyer, including providing accurate information and maintaining communication
10. Confidentiality: Provisions regarding the handling of confidential information by both parties
11. Liability and Insurance: Extent of agent's liability and required professional insurance coverage
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
1. Foreign Buyer Provisions: Additional terms for non-Swiss buyers, including Lex Koller compliance requirements - include when the buyer is not a Swiss resident
2. Mortgage Advisory: Terms relating to mortgage and financing assistance - include when the agent offers financing advisory services
3. Property Management: Additional services for property management after purchase - include when post-purchase services are offered
4. Multi-Language Provisions: Language choice and translation provisions - include when the client is not fluent in the contract's primary language
5. Special Property Types: Specific terms for luxury, commercial, or agricultural properties - include based on property type sought
6. Cross-Cantonal Services: Additional terms for services across multiple cantons - include when search area spans multiple cantons
1. Schedule A - Property Requirements: Detailed specifications of the type of property sought, including location, size, budget, and key features
2. Schedule B - Commission Schedule: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule C - Service Level Agreement: Specific details of service standards, response times, and reporting frequency
4. Schedule D - Required Documentation: List of documents required from the client for compliance and transaction purposes
5. Appendix 1 - Agent's Credentials: Copies of agent's professional licenses and certifications
6. Appendix 2 - Privacy Policy: Detailed privacy and data protection policies in compliance with Swiss law
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