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Holding Deposit Contract
"I need a Holding Deposit Contract for a luxury apartment purchase in Geneva, where the potential buyer is a foreign corporation and requires a 3-month exclusivity period starting March 2025, with specific provisions for due diligence and Lex Koller compliance."
1. Parties: Identification of the property seller/owner and the potential buyer making the deposit
2. Background: Context of the transaction, including brief description of the property and purpose of the holding deposit
3. Definitions: Key terms used in the agreement including 'Property', 'Holding Deposit', 'Exclusivity Period', and 'Purchase Price'
4. Property Details: Detailed description of the property, including address, land registry details, and relevant characteristics
5. Holding Deposit Amount: Specification of the deposit amount, payment method, and deadline
6. Exclusivity Period: Duration for which the property will be reserved for the potential buyer
7. Conditions: Conditions under which the holding deposit will be applied to the purchase price
8. Return of Deposit: Circumstances under which the deposit will be returned to the potential buyer
9. Forfeiture of Deposit: Conditions under which the deposit may be forfeited to the seller
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Due Diligence: Terms regarding the buyer's right to conduct property investigations and inspections - include when the buyer requires specific due diligence rights
2. Anti-Money Laundering Compliance: Specific provisions regarding AML requirements - include for high-value transactions or when dealing with foreign buyers
3. Foreign Buyer Provisions: Specific provisions related to Lex Koller - include when the potential buyer is a foreign person or entity
4. Purchase Agreement Terms: Key terms of the eventual purchase agreement - include when parties want to pre-agree certain purchase terms
5. Broker/Agent Provisions: Terms regarding any involved real estate agents - include when brokers are involved in the transaction
1. Property Description Schedule: Detailed description of the property including plans, photographs, and specifications
2. Payment Details Schedule: Bank account details and payment instructions for the holding deposit
3. Due Diligence Documents: List of documents provided or to be provided for buyer's due diligence
4. Form of Purchase Agreement: Draft or key terms of the intended purchase agreement, if pre-agreed
5. Property Title Extract: Current extract from the land registry showing property ownership and encumbrances
Authors
Real Estate
Property Development
Banking & Financial Services
Legal Services
Construction
Investment & Asset Management
Property Management
Hospitality
Retail
Legal
Real Estate
Compliance
Investment
Property Management
Sales
Corporate Development
Risk Management
Finance
Operations
Real Estate Agent
Property Manager
Legal Counsel
Corporate Lawyer
Real Estate Developer
Investment Manager
Asset Manager
Compliance Officer
Property Director
Real Estate Transaction Manager
Chief Legal Officer
Head of Real Estate
Property Acquisition Manager
Real Estate Investment Analyst
Sales Director
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