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Cooperating Broker Commission Agreement
"I need a Cooperating Broker Commission Agreement for a luxury real estate partnership in Geneva, Switzerland, with a 60-40 commission split and exclusive territory rights for properties valued over 5 million CHF."
1. Parties: Identification of the cooperating brokers, including full legal names, registration numbers, and registered addresses
2. Background: Context of the cooperation agreement, including the purpose and general intent of the parties to collaborate
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Qualified Lead', 'Closing', etc.
4. Scope of Cooperation: Detailed description of how the brokers will work together, including territory, property types, and exclusive/non-exclusive arrangements
5. Commission Structure: Framework for commission splitting, including percentages, calculation methods, and timing of payments
6. Referral Process: Procedures for referring clients and documenting referrals to establish commission claims
7. Obligations and Responsibilities: Specific duties of each broker, including client service standards and information sharing requirements
8. Confidentiality: Provisions regarding handling of confidential information and client data in compliance with Swiss data protection laws
9. Term and Termination: Duration of the agreement and conditions for termination
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
11. General Provisions: Standard clauses including notices, amendments, and severability
1. Non-Solicitation: Restrictions on soliciting clients or employees from the other broker, used when parties want additional business protection
2. Marketing and Branding: Guidelines for co-marketing and brand usage, relevant when parties plan joint marketing activities
3. Professional Insurance: Requirements for maintaining professional liability insurance, important for high-value property transactions
4. Dispute Resolution: Detailed procedures for handling disputes, including mediation provisions, useful for complex cooperation arrangements
5. Cross-Border Provisions: Special provisions for international cooperation, necessary when dealing with properties or clients across borders
6. Data Protection Compliance: Detailed FADP compliance procedures, necessary when extensive personal data sharing is involved
7. Training and Support: Provisions for mutual training and support, relevant when knowledge sharing is part of the cooperation
1. Commission Schedule: Detailed breakdown of commission splits for different property types and transaction values
2. Territory Map: Geographic definition of cooperation territory with specific boundaries
3. Standard Operating Procedures: Detailed procedures for day-to-day cooperation, including communication protocols and documentation requirements
4. Required Documentation: Templates and forms to be used for referrals and commission claims
5. Contact Information: List of key personnel and their roles from both brokerages
6. Marketing Guidelines: Detailed guidelines for co-branded marketing materials and advertising
7. Compliance Checklist: Checklist of regulatory requirements and compliance procedures
Authors
Real Estate
Property Development
Commercial Property
Residential Property
Luxury Real Estate
Property Investment
Professional Services
Financial Services
Legal
Real Estate Operations
Sales
Business Development
Compliance
Finance
Contract Administration
Partner Relations
Commission Administration
Property Management
Real Estate Broker
Managing Broker
Sales Director
Business Development Manager
Real Estate Agent
Property Consultant
Brokerage Manager
Commission Manager
Compliance Officer
Operations Director
Real Estate Network Manager
Partnership Manager
Legal Counsel
Contract Administrator
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