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Cooperating Broker Commission Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Cooperating Broker Commission Agreement is essential for real estate professionals in Switzerland seeking to formalize their collaborative relationships. This document is particularly relevant when brokers wish to work together on property transactions, share listings, or refer clients while ensuring fair compensation and clear operational procedures. It must comply with Swiss federal laws, including the Code of Obligations and relevant cantonal regulations governing real estate transactions. The agreement typically includes detailed provisions for commission splitting, territorial rights, client management, and data protection measures. It's commonly used when expanding market reach, combining expertise, or creating referral networks within the Swiss real estate market.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Luxury Real Estate

Property Investment

Professional Services

Financial Services

Relevant Teams

Legal

Real Estate Operations

Sales

Business Development

Compliance

Finance

Contract Administration

Partner Relations

Commission Administration

Property Management

Relevant Roles

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

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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