Can I still call on a real estate agent at any time during an ongoing private sale of my property?

Switching to a real estate agent

In Swiss tenancy and real estate law (Art. 412 ff. OR), you can hire an real estate agent at any time, even if you have started selling privately. The contractual provision of so-called “prior knowledge” is important. Make a list of all interested parties who have already contacted you and explicitly exclude them from the broker's commission obligation. This prevents you from having to pay for a buyer that you have acquired yourself.

The legal basis: The brokerage contract (Art. 412 ff. OR)

In Switzerland, the appointment of a broker is subject to the provisions of the Code of Obligations relating to the brokerage agreement. In essence, this is a contract of success.

• Freedom of choice: There is no legal period or suspension that prevents you from seeking professional help in the middle of the process.
• Freedom of form: In theory, a brokerage contract can be concluded orally. In practice in 2026, however, written form is mandatory in order to clearly regulate competencies, expenses and commission claims.
• Withdrawal at any time: Since the brokerage contract is a client relationship, it can in principle be revoked at any time in accordance with Art. 404 OR — this applies to both parties.

The “previous knowledge list”: Your financial shield

This is the most important point when switching from private sale to real estate agent. Without a clear distinction between “old” and “new” prospects, you risk unnecessary legal disputes.

How to protect prospects

If you've already done viewings, there are probably a few people in the “pipeline.”

• The clause: Include a list of the names and contact details of these people in the brokerage contract.
• legal consequences: Should one of these “previously known” interested parties buy the property, the real estate agent is not entitled to a commission, as his action was not causal for the conclusion of the purchase.
• lookout: Some real estate agent require a clause according to which they also negotiate for known customers and receive a reduced commission (e.g. 1%) in return. This can be useful, as the negotiating skills of a professional often yield more than the real estate agent costs.

Mandate types: Simple or exclusive?

When you decide to hire a real estate agent, you must choose how much freedom you want to retain.

The simple brokerage contract

Here you can continue to advertise privately yourself or even hire other real estate agent.

• vantage: Maximum freedom. You only pay the person who delivers the buyer.
• drawback: real estate agent often invest less time and marketing budget because the risk of going out empty-handed is high.

The exclusive mandate

This is standard practice in 2026. You hire a single expert.

• vantage: Full commitment of the broker, professional marketing and consistent communication on the market.
• drawback: You are usually no longer allowed to sell to third parties yourself without the real estate agent receiving his commission (or compensation). Here you can check exactly how your previously known prospects are treated in the exclusive mandate.

Why a later change makes strategic sense

Private sales often fail not because of the property, but because of the process. In 2026, a real estate agent brings tools that private individuals lack.

• Market value realism: Private sellers often set emotional prices. A real estate agent carries out a data-based assessment, which is also accepted by banks for mortgage lending.
• Qualifying buyers: A real estate agent checks the financial strength of interested parties before viewings take place. This saves you “sightseeing tourism”.
• disclaimer: The professional knows which defects must be declared in order to avoid subsequent lawsuits due to fraudulent misrepresentation.

Costs and commissions: The calculation

In Switzerland, the commission is usually calculated as a percentage of the sales price. Let's take a single-family house for 1,500,000 CHF.

The commission formula in LaTeX:

Commission = selling price x percentage + VAT

Example calculation for 2.5% commission:

1,500,000 x 0.025 = 37,500 CHF

There is also value added tax (currently 8.1%):

37,500 x 1.081 = 40,537 CHF

Although this amount appears high, experience in 2026 shows that real estate agent often generate 5% to 10% more revenue through clever negotiation than a private seller who is under time pressure.

The clean transition: step-by-step

If you decide to switch, follow this process to minimize frictional losses:

• Stop ads: Delete your private ads on portals such as Homegate or ImmoScout24. Two identical ads (private and professional) with different prices or photos look dubious.
• data transfer: Give the real estate agent all documents (land register extract, GEAK, plans). He will use this to create a new, sales-boosting exposé.
• Submitting a list of interested parties: Hand over the list of previous contacts in writing and have them confirmed to you.

Communication: Inform existing interested parties: “I have now handed over marketing to XY, which will guide you through the rest of the process. ”

Beware of “driving expenses”

A reputable real estate agent in Switzerland works primarily based on success. Make sure that no excessive fixed costs are agreed in the contract if no sale is made.

• Permitted: Effective expenses for advertisements or professional photographers (often capped as a lump sum).
• Unusual: High monthly “retainer” fees with no sales guarantee.

Conclusion: Professionalism beats experimentation

Can you hire a real estate agent at any time? Yes It is often even the smartest step if the private sale has not been completed after three months. Otherwise, the property quickly appears “burnt” on the market.

In summary, it can be stated: Take advantage of the freedom of mandate law. Protect your previous efforts with a list of previous knowledge, but then give the expert the necessary freedom (exclusivity) to achieve the best result. In a real estate market that is increasingly characterized by energy issues and complex financing, an experienced real estate agent is not a cost factor, but insurance for your asset. Clean owner due diligence also includes timely identification of when external expertise makes the decisive difference.

glossary

• causality: Legal proof that the broker's efforts led directly to the conclusion of the purchase (requirement for the commission).
• Preknowledge: The fact that the seller was already aware of an interested party before the brokerage contract.
• exclusive mandate: A contract that only gives a real estate agent the right to market.
• Owner due diligence: The systematic review of all factors that influence sales success, including choosing the right sales channel.
• Acting assistant: Legal classification of the broker within the framework of the brokerage agreement.