The Land Contract Agreement is a fundamental legal document used in Swiss real estate transactions to formalize property transfers between parties. It is essential for any real estate purchase in Switzerland, whether residential, commercial, or agricultural. The document must strictly comply with Swiss federal law, including the Civil Code (ZGB) and Code of Obligations (OR), as well as relevant cantonal regulations. Public authentication by a notary is mandatory, and specific provisions must be included to ensure the agreement is legally binding and eligible for land registry recording. The agreement is particularly important as it forms the basis for ownership transfer, addresses tax implications, and includes necessary provisions for foreign buyers under Lex Koller where applicable. It serves as the primary reference document throughout the property transfer process and for any future property-related matters.
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1. Parties: Detailed identification of the seller and buyer, including full legal names, addresses, and if applicable, company registration details
2. Background: Context of the transaction and brief history of the property ownership
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and legal concepts
4. Property Description: Precise legal description of the property including land registry details, plot number, size, and location
5. Purchase Price: Detailed specification of the purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
9. Possession and Risk: Date of possession transfer and allocation of risks
10. Notarization: Acknowledgment of requirement for public authentication
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Signatures: Formal execution block for all parties and notary
1. Mortgage Arrangements: Details of any mortgage transfer or new financing arrangements, used when property has existing mortgage or buyer requires financing
2. Tenant Provisions: Details of existing tenancies and their treatment, included when property is currently leased
3. Construction Obligations: Used when property includes incomplete construction or required modifications
4. Environmental Provisions: Specific clauses regarding environmental conditions or contamination, included for industrial properties or known environmental issues
5. Agricultural Land Provisions: Special provisions required under BGBB for agricultural properties
6. Foreign Buyer Provisions: Additional requirements under Lex Koller for foreign buyers
7. Easements and Servitudes: Detailed treatment of existing easements or creation of new ones
8. Condition Precedents: Any conditions that must be met before completion, such as obtaining permits or rezoning
1. Property Plans: Official cadastral plans and property boundaries
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Property Inventory: List of included fixtures, fittings, and equipment
4. Title Documents: Copies of relevant historical title documents
5. Building Permits: Copies of existing building permits and certificates
6. Environmental Reports: Any environmental assessments or contamination reports
7. Payment Schedule: Detailed schedule of payment installments if applicable
8. Existing Leases: Copies of any existing lease agreements affecting the property
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Banking and Finance
Legal Services
Construction
Agriculture
Hospitality
Retail
Industrial
Commercial Property
Residential Property
Public Sector
Relevant Teams
Legal
Real Estate
Property Management
Facilities Management
Compliance
Risk Management
Corporate Affairs
Investment
Operations
Finance
Asset Management
Acquisitions
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary Public
Land Registrar
Property Developer
Investment Manager
Facilities Manager
Corporate Counsel
Real Estate Investment Analyst
Asset Manager
Property Acquisition Manager
Real Estate Portfolio Manager
Compliance Officer
Risk Manager
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