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For Sale By Owner Purchase Agreement Template for Switzerland

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Key Requirements PROMPT example:

For Sale By Owner Purchase Agreement

"I need a For Sale By Owner Purchase Agreement for my luxury chalet in Zermatt, Switzerland, which includes special provisions for the transfer of ski lift access rights and consideration of local restrictions on foreign buyers."

Document background
The For Sale By Owner Purchase Agreement is a crucial document in Swiss real estate transactions where property owners choose to sell their property directly to buyers without real estate agent intermediation. This approach, while potentially cost-saving, requires careful attention to legal requirements and documentation. The agreement must comply with Swiss federal laws, including the Civil Code and Code of Obligations, as well as specific cantonal regulations. It's particularly important in Switzerland where real estate transactions require notarization and precise documentation of all sale terms. The document serves multiple purposes: it formalizes the sale agreement, provides legal protection for both parties, ensures compliance with property transfer regulations, and serves as the basis for land registry recording. This type of agreement is typically used by private property owners who are comfortable handling their own real estate transactions and want to maintain direct control over the sale process.
Suggested Sections

1. Parties: Full legal identification of the seller and buyer, including names, addresses, and any relevant registration numbers

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement

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

5. Purchase Price: Agreed purchase price, payment structure, and payment methods

6. Payment Terms: Schedule of payments, deposit requirements, and financing conditions

7. Transfer of Ownership: Process and timing of the property transfer, including registration in the land register

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

9. Property Condition: Current state of the property and any known defects

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

11. Possession and Risk: Date of possession transfer and assumption of risk

12. Representations and Warranties: General representations and warranties from both parties

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

14. Execution: Signature blocks and notarization requirements

Optional Sections

1. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge or transfer - include if property has existing mortgage

2. Foreign Buyer Provisions: Additional provisions required under Lex Koller - include if buyer is a foreign person

3. Tenant Provisions: Details of existing tenancies and their treatment - include if property is currently tenanted

4. Construction Obligations: Requirements for ongoing or planned construction - include if property involves incomplete construction

5. Environmental Provisions: Special provisions regarding environmental issues - include if property has known environmental concerns

6. Easements and Rights of Way: Specific provisions regarding existing easements - include if property has significant easements

7. Parking and Storage: Details of parking spaces and storage units - include for apartment/condominium sales

8. Common Property: Rights and obligations regarding common property - include for properties in multi-unit developments

Suggested Schedules

1. Property Details Schedule: Detailed technical description of the property, including exact measurements and boundaries

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

3. Inventory Schedule: List of fixtures, fittings, and other items included in the sale

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

5. Property Inspection Report: Technical inspection report detailing property condition

6. Building Insurance Certificate: Current building insurance details and coverage

7. Energy Performance Certificate: Energy efficiency rating and certification

8. Floor Plans and Site Plans: Official plans showing property layout and boundaries

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

Banking and Finance

Insurance

Construction

Property Development

Public Administration

Notarial Services

Property Management

Residential Housing

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Finance

Operations

Administrative Support

Customer Relations

Documentation

Relevant Roles

Property Owner

Real Estate Lawyer

Notary Public

Legal Counsel

Property Manager

Bank Manager

Mortgage Advisor

Property Surveyor

Tax Consultant

Legal Administrator

Compliance Officer

Property Developer

Building Inspector

Insurance Underwriter

Land Registry Officer

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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