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For Sale By Owner Home Purchase Contract for Switzerland

For Sale By Owner Home Purchase Contract Template for Switzerland

This document serves as a legally binding agreement for the direct sale of residential property between private individuals in Switzerland, without the involvement of a real estate agent. It complies with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements, including provisions for proper notarization and land registry recording. The contract covers essential elements such as property description, purchase price, payment terms, warranties, and transfer conditions, while incorporating specific Swiss legal requirements such as compliance with Lex Koller for foreign buyers and cantonal property transfer regulations.

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What is a For Sale By Owner Home Purchase Contract?

The For Sale By Owner Home Purchase Contract is designed for use in Switzerland when private individuals wish to conduct a property sale without real estate agent involvement. This document is essential for ensuring compliance with Swiss property law requirements while protecting both parties' interests in the transaction. It must be drafted in accordance with the Swiss Civil Code (ZGB) and Code of Obligations (OR), typically requiring notarial authentication as per cantonal regulations. The contract includes comprehensive details about the property, parties, purchase price, payment terms, warranties, and transfer conditions, while addressing specific Swiss legal requirements such as land registry procedures and, where applicable, Lex Koller compliance for foreign buyers. It's particularly important in the Swiss context where property transactions are highly regulated and require specific formalities for legal validity.

What sections should be included in a For Sale By Owner Home Purchase Contract?

1. Parties: Identification of the seller and buyer with full legal names, addresses, and citizenship status (relevant for Lex Koller compliance)

2. Background: Brief context of the sale and confirmation that the seller is the registered owner of the property

3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, and other relevant terms

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

5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements

6. Payment Terms: Schedule of payments, including deposit, down payment, and final payment arrangements

7. Completion Date: The date for completion of the sale and transfer of ownership

8. Property Transfer: Process and requirements for legal transfer of the property in the land register

9. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and property condition

10. Buyer's Acknowledgments: Buyer's confirmation of property inspection and acceptance of condition

11. Costs and Taxes: Allocation of transfer taxes, notary fees, and registration costs

12. Risk and Insurance: Transfer of risk and insurance responsibilities

13. Default Provisions: Consequences of either party's failure to complete the transaction

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

15. Execution: Signature requirements including notarization provisions

What sections are optional to include in a For Sale By Owner Home Purchase Contract?

1. Mortgage Arrangements: Include when buyer is obtaining mortgage financing, detailing conditions and requirements

2. Tenant Provisions: Include when property is currently tenanted, addressing lease transfer or termination

3. Furniture and Fixtures: Include when sale includes specific movable property items

4. Construction Warranties: Include for newer properties with existing constructor warranties to be transferred

5. Environmental Provisions: Include when property has known environmental issues or requirements

6. Parking Rights: Include when separate parking rights or garage spaces are involved

7. Co-ownership Rules: Include for properties in multi-unit buildings with shared ownership elements

What schedules should be included in a For Sale By Owner Home Purchase Contract?

1. Property Plan: Official land register extract and property plans

2. Inventory List: Detailed list of any included furniture, fixtures, and fittings

3. Building Inspection Report: Technical assessment of property condition

4. Land Register Extract: Current extract showing ownership and encumbrances

5. Energy Performance Certificate: Mandatory energy efficiency documentation

6. Insurance Certificates: Current building insurance documentation

7. Payment Schedule: Detailed breakdown of payment installments and timing

8. Property Rules: For apartments or condominiums, the applicable house rules and regulations

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Legal Services

Financial Services

Insurance

Public Administration

Construction

Property Management

Banking

Notarial Services

Tax Advisory

Relevant Teams

Legal

Real Estate

Compliance

Property Administration

Risk Management

Documentation

Finance

Tax Advisory

Property Services

Client Relations

Relevant Roles

Property Lawyer

Notary Public

Legal Counsel

Real Estate Manager

Property Administrator

Compliance Officer

Tax Advisor

Mortgage Specialist

Land Registry Officer

Real Estate Consultant

Property Surveyor

Building Inspector

Insurance Underwriter

Bank Manager

Legal Administrator

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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