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Broker Agent Commission Split Agreement
"I need a Broker Agent Commission Split Agreement for my Swiss real estate brokerage firm that implements a sliding scale commission structure starting February 2025, with higher splits for luxury properties above 2 million CHF and including specific provisions for team-based transactions."
1. Parties: Identification of the broker company and the agent, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the broker's business nature and the agent's qualifications/licenses
3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Gross Commission', 'Transaction', 'Territory', and 'Clients'
4. Appointment and Scope: Terms of the agent's appointment, territory coverage, and scope of authorized activities
5. Commission Structure: Basic commission split formula and calculation methodology
6. Payment Terms: Timing and method of commission payments, including any minimum thresholds
7. Agent's Obligations: Key responsibilities, compliance requirements, and performance standards
8. Broker's Obligations: Support, resources, and services provided by the broker
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Duration of agreement and conditions for termination
11. Post-Termination Obligations: Handling of pending transactions and ongoing obligations after termination
12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
13. General Provisions: Standard clauses including amendments, notices, and severability
1. Non-Compete Clause: Restrictions on competitive activities, used when protecting specific market segments or client relationships
2. Training and Support: Detailed provisions for professional development, used when the broker provides extensive training
3. Marketing and Branding: Guidelines for using broker's brand and marketing materials, important for larger brokerages
4. Insurance Requirements: Specific insurance coverage requirements, essential for high-value transactions
5. Data Protection: Detailed GDPR-style data handling requirements, necessary when dealing with EU clients or extensive personal data
6. Team Structure: Rules for building and managing sub-teams, relevant for senior agents
7. International Transactions: Special provisions for cross-border dealings, needed when operating internationally
8. Dispute Resolution: Mediation or arbitration procedures, useful for high-value relationships
1. Schedule A - Commission Split Rates: Detailed breakdown of commission split percentages, including any sliding scales or bonus structures
2. Schedule B - Approved Activities: List of specific services and activities the agent is authorized to perform
3. Schedule C - Territory Definition: Detailed description of geographic area or market segment covered
4. Schedule D - Required Licenses: List of mandatory licenses, certifications, and qualifications
5. Schedule E - Broker's Resources: Detailed list of support, tools, and resources provided by the broker
6. Appendix 1 - Code of Conduct: Detailed behavioral and ethical standards
7. Appendix 2 - Compliance Procedures: Step-by-step compliance protocols and requirements
8. Appendix 3 - Commission Calculation Examples: Practical examples showing how various commission scenarios are calculated
Authors
Real Estate
Financial Services
Insurance
Securities Trading
Commodity Trading
Business Consulting
Wealth Management
Commercial Property
Luxury Goods
Art Market
Mergers & Acquisitions
Legal
Compliance
Human Resources
Sales
Business Development
Operations
Finance
Risk Management
Broker Relations
Agent Support
Commission Administration
Contract Management
Broker
Real Estate Agent
Financial Advisor
Insurance Agent
Investment Consultant
Sales Representative
Business Development Manager
Account Executive
Property Consultant
Wealth Manager
Securities Trader
Commercial Broker
Independent Agent
Senior Broker
Managing Broker
Compliance Officer
Legal Counsel
HR Director
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