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Contract To Sell Home Template for Switzerland

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Key Requirements PROMPT example:

Contract To Sell Home

"I need a Contract to Sell Home for my property in Geneva, Switzerland, where the buyer is a foreign national who requires Lex Koller approval, and the property includes specific fixtures and artworks that need to be listed separately in the agreement."

Document background
The Contract to Sell Home is a fundamental legal instrument in Swiss property transactions, essential for both private and commercial real estate transfers. This document is required whenever residential property ownership changes hands in Switzerland, whether between private individuals or involving commercial entities. It must comply with strict formal requirements under Swiss law, including mandatory notarization and registration in the cantonal land register. The contract includes crucial elements such as detailed property description, precise payment terms, transfer conditions, and various warranties required by Swiss law. It also addresses specific Swiss legal requirements such as Lex Koller provisions for foreign buyers and cantonal property transfer regulations. The document serves as the primary legal basis for the property transfer and must be drafted to protect both parties while ensuring compliance with federal and cantonal regulations.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the sale, including brief property history and purpose of the transaction

3. Definitions: Definitions of key terms used throughout the contract

4. Property Description: Detailed description of the property including land register details, cadastral number, size, and address

5. Purchase Price: Specified purchase price, payment terms, and payment schedule

6. Payment Method: Details of how payments will be made, including escrow arrangements if applicable

7. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including registration requirements

8. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status

9. Handover Conditions: Terms for the physical handover of the property, including timing and condition requirements

10. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties

11. Default and Remedies: Consequences of breach and available remedies for both parties

12. Governing Law: Confirmation of Swiss law application and jurisdiction

13. Signatures: Formal signature block for parties and notary

Optional Sections

1. Mortgage Arrangements: Used when the purchase involves mortgage financing, detailing the arrangements and conditions

2. Foreign Buyer Provisions: Required when the buyer is foreign, addressing Lex Koller requirements

3. Tenant Provisions: Used when the property is currently tenanted, addressing existing lease agreements

4. Renovation Agreements: Include when specific renovations are agreed to be completed before or after sale

5. Contingency Clauses: Optional conditions that must be met for the sale to proceed (e.g., obtaining financing)

6. Environmental Provisions: Required when there are known environmental issues or specific environmental warranties needed

7. Furniture and Fixtures: Used when specific items of furniture or fixtures are included in the sale

8. Construction Warranty Transfer: Include for newer properties where construction warranties are being transferred

Suggested Schedules

1. Property Plan: Official cadastral plans and property boundaries

2. Land Register Extract: Current extract from the land register showing ownership and encumbrances

3. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable

4. Property Condition Report: Detailed report on the current condition of the property

5. Energy Performance Certificate: Current energy efficiency rating and certificate

6. Building Insurance Certificate: Details of current building insurance

7. Property Photos: Documented condition of the property at time of contract

8. Mortgage Documents: Relevant mortgage documentation if applicable

9. Technical Documentation: Building plans, renovation history, and technical specifications

Authors

Alex Denne

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

Relevant legal definitions








































Clauses



































Relevant Industries

Real Estate

Legal Services

Financial Services

Banking

Insurance

Property Development

Construction

Professional Services

Public Sector

Notarial Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Risk Management

Documentation

Client Services

Operations

Advisory

Relevant Roles

Real Estate Agent

Property Lawyer

Notary Public

Bank Manager

Mortgage Advisor

Property Surveyor

Legal Counsel

Real Estate Manager

Compliance Officer

Property Administrator

Real Estate Broker

Transaction Manager

Property Consultant

Land Registrar

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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