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Equity Release Agreement

Equity Release Agreement Template for Switzerland

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Key Requirements PROMPT example:

Equity Release Agreement

"I need an Equity Release Agreement under Swiss law for a residential property in Zurich Canton, where the homeowner is releasing 60% of the property value while retaining lifetime occupancy rights, with completion planned for March 2025."

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Document background
The Equity Release Agreement is a sophisticated financial instrument used in Switzerland when property owners wish to access the equity in their property without selling or moving out. This document is particularly relevant for senior homeowners seeking to supplement their retirement income or meet specific financial needs. The agreement must be structured in compliance with Swiss federal and cantonal laws, including financial services regulations, property laws, and consumer protection requirements. It includes comprehensive details about property valuation, release terms, interest calculations, maintenance obligations, and risk disclosures. The document requires careful consideration of Swiss banking regulations, FINMA requirements, and property law provisions to ensure proper protection for both the financial institution and the property owner. It's essential to note that these agreements are complex and require thorough legal and financial due diligence, especially given their long-term nature and potential impact on inheritance planning.
Suggested Sections

1. Parties: Identification of the contracting parties - the property owner(s) and the financial institution

2. Background: Context of the agreement, including property details and purpose of the equity release arrangement

3. Definitions: Defined terms used throughout the agreement

4. Property Details: Comprehensive description of the property, including legal title information and current market valuation

5. Amount and Purpose: Details of the equity release amount and its intended use

6. Release Terms: Terms and conditions under which the equity is released, including payment schedule if applicable

7. Interest and Fees: Details of interest rates, calculation methods, and all applicable fees

8. Property Obligations: Requirements for property maintenance, insurance, and permitted use

9. Duration and Termination: Term of the agreement and circumstances under which it can be terminated

10. Repayment Terms: Conditions and methods for repayment, including trigger events

11. Representations and Warranties: Statements of fact and promises made by both parties

12. Risk Disclosures: Clear explanation of all risks associated with the equity release arrangement

13. Default and Remedies: Consequences of default and available remedies for both parties

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Survivorship Rights: Required when the property is jointly owned, detailing rights of surviving owners

2. Early Repayment: Include when early repayment options are offered, detailing conditions and any penalties

3. Additional Property Use: Required when letting or other commercial use of the property is permitted

4. Care Home Provisions: Include when specific provisions for moving into care facilities are needed

5. Power of Attorney: Required when arrangements for third-party property management are needed

6. Additional Borrowing: Include when facility for additional future borrowing is offered

7. Property Sale Procedure: Required when specific procedures for eventual property sale are agreed upon

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including land registry details

2. Valuation Report: Professional valuation report of the property

3. Payment Schedule: Detailed breakdown of payment arrangements and calculations

4. Insurance Requirements: Specific insurance requirements and minimum coverage levels

5. Fee Schedule: Comprehensive list of all fees and charges

6. Property Maintenance Standards: Detailed requirements for property maintenance and upkeep

7. Risk Disclosure Statement: Detailed explanation of risks in accordance with Swiss financial regulations

8. Independent Legal Advice Certificate: Confirmation that independent legal advice has been received

Authors

Alex Denne

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

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Banking

Real Estate

Insurance

Legal Services

Wealth Management

Senior Care Services

Property Management

Financial Advisory

Mortgage Services

Relevant Teams

Legal

Compliance

Risk Management

Real Estate

Product Development

Wealth Management

Operations

Credit Analysis

Customer Relations

Document Management

Financial Advisory

Property Services

Relevant Roles

Legal Counsel

Financial Advisor

Mortgage Specialist

Risk Manager

Compliance Officer

Property Valuer

Wealth Manager

Senior Financial Planner

Contract Manager

Real Estate Attorney

Banking Relationship Manager

Consumer Protection Officer

Product Development Manager

Operations Manager

Senior Credit Officer

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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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