Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Brokerage covers a range of intermediary services where a person or firm helps bring together parties for a commercial, financial, or real estate transaction in return for a commission or fee. In Chur, the capital of the canton of Graubünden, brokerage matters are governed primarily by Swiss federal contract law together with cantonal rules that affect property, registration and public record processes. Common types of brokerage include real estate brokerage, financial securities brokerage, insurance brokerage and commercial sales intermediaries.
At the federal level, Swiss contract law defines the legal relationship between a broker and their client, the rights to commission, duties of care and liability. For many broker activities that involve regulated products or handling of client funds, federal financial market rules and licensing requirements apply. Local processes in Graubünden and the City of Chur determine how property transactions are registered, whether certain permits or registrations are needed, and how local taxes or fees are handled.
People seek a lawyer in brokerage matters for several practical reasons. Lawyers help interpret complex contracts, negotiate terms, and ensure transparent allocation of rights and duties. Typical situations include disputes over entitlement to commission after a transaction closes, unclear scope of agency authority, alleged negligence or fraud by a broker, conflicts of interest, and termination of brokerage mandates.
Other reasons to consult a lawyer are when the broker is involved in regulated financial activity, when you suspect anti-money-laundering obligations have been breached, when large-value real estate transactions require review of land register entries and encumbrances, or when cross-border elements introduce foreign law. A lawyer can also advise on consumer protections, taxation of commissions and fees, and represent you in mediation, arbitration or court proceedings.
Key legal frameworks affecting brokerage in Chur include federal contract law, cantonal property and land registration rules, and sector-specific regulation:
Federal contract law - Brokerage relationships are usually structured under general contract provisions governing agency, commission and mandate. These rules set out duties such as acting in the client s interest, providing information, accounting for costs and commissions, and liability for intentional or negligent breaches.
Financial regulation - If brokerage involves investment products, securities, or client funds, federal financial market law and supervision by the Swiss Financial Market Supervisory Authority apply. Firms and individuals may need licensing or membership in a self-regulatory organisation depending on their activity and whether they accept deposits or custody assets.
Real estate and land register - Property brokerage must take account of cantonal and municipal rules in Graubünden. The land register in Chur records ownership, mortgages and other encumbrances. Brokerage agreements should consider registration timing, required documentation for transfers and notarisation, and any canton-specific practices for the handling of purchase funds and deposit accounts.
Consumer protection and competition - Consumer protection provisions and rules against unfair commercial practices apply to brokers working with private clients. Competition law and trading standards may also be relevant when intermediaries operate at scale. Anti-money-laundering rules set obligations for identification, record-keeping and reporting suspicious transactions.
Local authorities and registers - Verification of a broker s legal status can be performed through the commercial register and, for property matters, the land register. Cantonal offices in Graubünden deal with local licensing, taxes and regulatory compliance that can affect how brokerage services are delivered.
A broker must act with care and in the best interests of the client according to contract law. Duties commonly include due diligence, presenting accurate information, avoiding conflicts of interest, accounting for transactions and not exceeding granted authority. Specific obligations vary by the nature of the brokerage agreement and by sector-specific regulation.
Commission entitlement depends on the terms of the brokerage agreement and on whether the broker has fulfilled the conditions specified by that agreement - for example, having introduced a counterparty who completes a deal, or having provided services defined in the contract. Written agreements that specify when commission is payable and whether it is conditional are best to prevent disputes.
While some oral agreements can be valid, a written contract is strongly recommended. A written agreement clarifies the scope of services, commission rates and triggers, duration, termination rights, confidentiality obligations and liability limits. It is especially important in high-value real estate or regulated financial transactions.
Real estate brokerage is not regulated by a single national licensing regime in the same way as banking. However, brokers must comply with federal contract law, cantonal property law and local practices. Firms may voluntarily join trade associations that set professional standards. When dealing with client funds or when activities intersect with regulated financial services, additional rules and registration may apply.
Verify the broker or firm in the commercial register and check whether they belong to recognised professional associations. For real estate, check past transaction records and request references. For financial intermediaries, check whether they are supervised by the financial regulator or belong to a recognised self-regulatory organisation. Also ask for insurance certificates such as professional indemnity insurance.
A breach can give rise to contractual remedies such as damages, specific performance or termination. The specific remedy depends on the breach, the losses suffered and the contract terms. Parties often first consider negotiation or mediation. If unresolved, disputes may proceed to arbitration or courts. Time limits for bringing claims are governed by Swiss statute of limitations rules.
Yes, brokers can be liable if they negligently provide incorrect or misleading information that causes loss. Liability depends on whether the broker failed to exercise due care required by the contract and the nature of the representation made. Liability may be limited by contract, but exclusions are not always enforceable in cases of fraud or gross negligence.
Commissions received by brokers are generally taxable as income and must be declared for income tax and, if applicable, for value added tax. The exact tax treatment depends on whether the broker is a private individual or a business, the structure of the firm, and the nature of the services. Tax advice from a local accountant or lawyer is advisable for significant transactions.
If you suspect criminal conduct, report it to the competent authorities. Brokers who are subject to anti-money-laundering rules are legally required to report suspicious transactions. For immediate protection, stop transferring funds, preserve records, and seek legal advice to determine steps to secure assets and notifications to relevant supervisory bodies.
Many brokerage disputes are resolved by negotiation or mediation. Where the contract specifies arbitration, parties may resolve disputes through an agreed arbitral forum. If court action is necessary, disputes involving Swiss parties typically go to cantonal courts. For financial services, certain ombudsman or ombudsperson schemes and statutory complaint procedures may be available before or instead of litigation.
For people seeking further help or verification, useful resources include the cantonal land register office in Graubünden for property records, the cantonal commercial register for company verification, and the office responsible for consumer protection in Graubünden for advice on consumer issues. For financial brokerage and licensing questions, the Swiss Financial Market Supervisory Authority and recognised self-regulatory organisations provide guidance on supervision and registration requirements.
Professional bodies such as the Swiss Bar Association and local bar associations in Graubünden can help you find qualified lawyers with experience in brokerage matters. Trade associations and industry groups for real estate, insurance and financial intermediaries offer standards and lists of members. For tax and accounting questions related to commissions, consulting a licensed tax advisor or fiduciary in Chur is recommended.
If you need legal assistance with a brokerage matter in Chur, start by collecting all relevant documents - the brokerage contract, correspondence, proof of negotiations, invoices and any land register entries or financial transaction records. Make concise notes about the timeline and key events. This will make an initial consultation more efficient and productive.
Contact a lawyer experienced in brokerage, real estate or financial services depending on your issue. Ask upfront about fees, whether there is a free initial consultation, and the lawyer s experience with similar cases and local practice in Graubünden. Verify the lawyer s credentials with the local bar association if you wish.
Consider alternative dispute resolution such as negotiation or mediation before commencing formal proceedings. If you cannot afford private counsel, check eligibility for cantonal legal aid in Graubünden or seek assistance from consumer protection offices for guidance on next steps. Preserve evidence and avoid making further payments or transfers until you have clear legal advice when fraud or serious irregularities are suspected.
Having a clear, written agreement and professional advice can prevent many disputes in brokerage arrangements. When in doubt, seek tailored legal advice promptly to protect your rights and interests.
