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Referral Agreement (Real Estate) for Switzerland

Referral Agreement (Real Estate) Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes and regulates a referral relationship between two parties in the real estate sector. The agreement defines the terms and conditions under which one party refers potential real estate clients or opportunities to another party in exchange for specified compensation. It includes provisions for compliance with Swiss federal and cantonal real estate regulations, data protection requirements, and anti-money laundering laws, while establishing clear processes for referral handling, compensation calculation, and payment terms.

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Referral Agreement (Real Estate)

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What is a Referral Agreement (Real Estate)?

The Referral Agreement (Real Estate) is essential for businesses operating in the Swiss real estate market who wish to establish formal referral partnerships. This document is particularly relevant in Switzerland's multi-lingual, canton-based system where real estate professionals often need to refer clients across different regions or specialties. It addresses key aspects including referral processes, fee structures, and compliance with Swiss federal and cantonal regulations. The agreement is designed to protect both parties' interests while ensuring transparency in referral relationships, incorporating necessary provisions for data protection, anti-money laundering compliance, and professional licensing requirements specific to Swiss real estate operations. It's commonly used between real estate agencies, property managers, wealth management firms, and other professionals involved in real estate transactions.

What sections should be included in a Referral Agreement (Real Estate)?

1. Parties: Identification of the referring party and the receiving party, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the parties' business activities and their intention to enter into a referral relationship

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Referral Fee', 'Qualified Lead', 'Territory', and 'Real Estate Transaction'

4. Scope of Agreement: Details of the referral arrangement, including territory coverage and types of real estate transactions covered

5. Referral Process: Step-by-step process for making and accepting referrals, including communication requirements and timeframes

6. Obligations of the Referring Party: Responsibilities including lead qualification, information provision, and compliance with laws

7. Obligations of the Receiving Party: Responsibilities including lead handling, professional service delivery, and status updates

8. Compensation: Referral fee structure, calculation method, payment terms, and conditions for fee eligibility

9. Compliance with Laws: Obligations regarding real estate regulations, licensing requirements, and anti-money laundering laws

10. Confidentiality: Protection of confidential information and trade secrets

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

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Referral Agreement (Real Estate)?

1. Non-Competition: Restrictions on competing activities, used when parties operate in overlapping markets

2. Marketing and Branding: Guidelines for using each other's brands and marketing materials, included when parties want to control brand representation

3. Insurance Requirements: Specific insurance coverage requirements, included for high-value or high-risk referral arrangements

4. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer mediation or arbitration over court proceedings

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

6. Training and Support: Details of any training or support provided between parties, included in complex referral relationships

What schedules should be included in a Referral Agreement (Real Estate)?

1. Schedule 1 - Referral Fee Structure: Detailed breakdown of referral fees for different types of transactions or property values

2. Schedule 2 - Territory Definition: Specific geographical areas or markets covered by the agreement

3. Schedule 3 - Referral Process Workflow: Detailed step-by-step process flow for handling referrals

4. Schedule 4 - Required Documentation: List of documents required for valid referrals and fee claims

5. Appendix A - Contact Details: Key contact persons and their details for both parties

6. Appendix B - Reporting Templates: Standard forms for referral submission and tracking

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses






































Relevant Industries

Real Estate

Property Development

Financial Services

Professional Services

Wealth Management

Construction

Corporate Relocation

Property Investment

Property Management

Legal Services

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Client Relations

Property Management

Investment Advisory

Contracts Administration

Partnership Management

Relevant Roles

Real Estate Agent

Property Manager

Business Development Manager

Legal Counsel

Compliance Officer

Real Estate Broker

Managing Director

Operations Manager

Sales Director

Client Relationship Manager

Investment Advisor

Wealth Manager

Contract Manager

Real Estate Portfolio Manager

Partnership Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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