General terms of brokerage — sale

Last updated: 12 octobre 2026

1. Parties and scope

These terms govern the brokerage mandate concluded between Immo SmartPlus Sàrl (hereinafter “Home Smart” or “the broker”), Rue du Hameau 6, 1844 Villeneuve, and the owner of the property or their representative (hereinafter “the principal”). They apply from the signing of the brokerage mandate and form an integral part of it. Any departure must be agreed in writing; in case of contradiction, the specific clauses of the signed mandate prevail over these terms.

2. Subject of the mandate

The principal instructs Home Smart to identify a buyer or act as intermediary with a view to selling the property designated in the mandate, in accordance with articles 412 et seq. of the Swiss Code of Obligations (CO). The assignment includes in particular the valuation, presentation and promotion of the property, the search for and qualification of buyers, the organisation of viewings, the conduct of negotiations and support through to the signing of the authentic deed before the notary.

3. Form of the mandate — exclusivity

The mandate is concluded on an exclusive basis. Throughout its duration, the principal entrusts the sale of the property to Home Smart alone and undertakes not to appoint any other broker for the same property. The principal remains free to sell on their own; however, if the sale is concluded during the term of the mandate with a buyer introduced or brought by Home Smart, the remuneration set out in article 7 remains due.

4. Duration and renewal

The mandate is concluded for an initial term of three (3) months from its signing. At expiry, and unless terminated in accordance with article 5, it is tacitly renewed from month to month.

5. Termination

Either party may terminate the mandate in writing (letter or e-mail) for the end of a month, effective from the following month. Termination does not affect the remuneration due for a transaction already concluded, nor article 6 (transaction concluded after the end of the mandate). Good cause for immediate termination within the meaning of the CO is reserved.

6. Transaction concluded after the end of the mandate

Remuneration remains due if the sale is concluded within twelve (12) months after the end of the mandate with a person whom Home Smart had introduced or with whom it had established contact during the mandate, provided there is a causal link between the broker’s activity and the conclusion of the sale (art. 413 CO).

7. Remuneration (flat fee)

The broker’s remuneration amounts to 2.2% of the effective sale price, capped at CHF 15,000 all-inclusive (incl. VAT). Above a sale price of CHF 600,000, the remuneration remains set at this cap, whatever the price. This flat fee covers all the brokerage services described in article 2.

The remuneration is earned and due upon conclusion of the sale, i.e. upon signing of the authentic deed of sale before the notary, where this results from Home Smart’s activity (art. 413 CO). It is payable on that date, where applicable by deduction from the sale proceeds held by the notary with the principal’s agreement.

8. Costs

Unless otherwise agreed in writing, brokerage costs (photographs, listings, presentation, viewings) are included in the flat fee of article 7 and are not invoiced separately, including if the sale does not go through. The principal remains responsible for costs that are legally theirs, such as notary fees and charges, any mortgage discharge costs, the issuance of official documents (land register extract, certificates) and, where applicable, the real estate capital gains tax.

9. Home Smart’s obligations

Home Smart performs the mandate with diligence and loyalty, in the principal’s interest. The broker regularly informs the principal of progress, forwards the offers received and does not disclose any confidential information to unconcerned third parties. Potential buyers are presented to the principal, who remains the sole decision-maker regarding the acceptance of an offer and the sale price.

10. Principal’s obligations

The principal warrants that they are the owner of the property (or duly authorised to sell it) and provides Home Smart with accurate and complete information about the property (areas, easements, known defects, charges, rental situation, land register documents, etc.). They grant the broker access to the property for the agreed viewings and inform it without delay of any direct contact with a potential buyer as well as of any planned or concluded sale. The principal is liable for damage resulting from inaccurate or incomplete information.

11. Multiple brokers

Given the exclusive nature of the mandate, the principal undertakes not to entrust the sale of the same property to another broker during the term of the mandate. If, despite this undertaking, the property is sold through a third party during the term of the mandate, the remuneration of article 7 remains due to Home Smart.

12. Data protection

The personal data of the principal and of buyers is processed in accordance with the Swiss Federal Act on Data Protection (nFADP) and solely for the purpose of performing the mandate. It is never transferred to unconcerned third parties. The principal may request access, rectification or deletion of their data by writing to info@home-smart.ch.

13. Liability

Home Smart is responsible for the diligent performance of its mandate. However, it cannot be held liable for the failure to conclude the sale, for the solvency of the buyers presented or for the decisions taken by the principal (in particular the sale price and the acceptance of an offer). The broker’s liability is limited to direct damage caused by its gross negligence, within the limits permitted by mandatory law.

14. Applicable law and jurisdiction

The mandate and these terms are governed by Swiss law, in particular articles 412 et seq. of the Code of Obligations (CO). The place of jurisdiction is the registered office of Home Smart, in 1844 Villeneuve, subject to the mandatory jurisdictions provided by law. In the event of any discrepancy of interpretation between the French and English versions, the French version prevails.

15. Amendment of the terms

Home Smart may adapt these terms for future mandates. The terms applicable to an ongoing mandate are those accepted at the time of its signing.

This document is a template of general terms provided for information purposes. It does not constitute legal advice. Before any contractual use, have it reviewed and adapted to your situation by a legal professional or a notary.