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Land Sale Agreement for Switzerland

Land Sale Agreement Template for Switzerland

A Swiss Land Sale Agreement is a legally binding document governed by Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). This agreement facilitates the transfer of real estate ownership between parties and must be executed in the form of a public deed by a notary. The document includes detailed property descriptions, precise purchase terms, warranties, and conditions for transfer of ownership. It must comply with specific Swiss requirements including cantonal regulations, Lex Koller for foreign buyers, and land registry requirements. The agreement addresses all aspects of the transaction including payment terms, taxes, and registration procedures.

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What is a Land Sale Agreement?

The Land Sale Agreement is a crucial document used in Swiss real estate transactions for transferring property ownership. It must comply with strict Swiss legal requirements, including mandatory notarization and registration in the land register (Grundbuch). This document is essential when any party wishes to sell or purchase real estate in Switzerland, whether for residential, commercial, or industrial purposes. The agreement must address specific Swiss legal requirements such as the Lex Koller for foreign buyers, cantonal property transfer regulations, and federal property law provisions. It includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and transfer conditions. The document serves as the foundation for the property transfer process and must be drafted to ensure enforceability under Swiss law.

What sections should be included in a Land Sale Agreement?

1. Parties: Detailed identification of the seller and purchaser, including full legal names, addresses, and any corporate details

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

3. Definitions: Key terms used throughout the agreement, including property-specific terminology

4. Property Description: Detailed description of the property including land register details, parcel numbers, and exact measurements

5. Purchase Price: Amount, payment terms, deposit requirements, and payment schedule

6. Transfer of Ownership: Conditions and process for transferring title, including land registry requirements

7. Seller's Warranties: Legal warranties regarding property ownership, encumbrances, and condition

8. Completion Requirements: Steps required for completion, including notarization and registration

9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees

10. Representations: Statements about the property's condition and legal status

11. Notice Provisions: Communication requirements between parties

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

13. Execution: Signature requirements and notarization provisions

What sections are optional to include in a Land Sale Agreement?

1. Mortgage Arrangements: Include when there's existing mortgage to be discharged or new mortgage financing

2. Tenant Provisions: Include when the property is currently leased to tenants

3. Environmental Provisions: Include when environmental issues or contamination are known or suspected

4. Development Rights: Include when there are specific building or development rights to be transferred

5. Agricultural Land Provisions: Include when the property includes agricultural land subject to special regulations

6. Foreign Ownership Compliance: Include when purchaser is foreign national/entity (Lex Koller compliance)

7. Easements and Rights of Way: Include when specific easements or rights of way affect the property

8. Renovation/Construction Obligations: Include when specific building obligations or restrictions apply

What schedules should be included in a Land Sale Agreement?

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

2. Title Documents: Current land register extract and ownership documentation

3. Property Inventory: List of included fixtures, fittings, and equipment

4. Encumbrances Schedule: List of all registered encumbrances, easements, and restrictions

5. Payment Schedule: Detailed breakdown of payment terms and installments

6. Due Diligence Reports: Technical, environmental, and building inspection reports

7. Building Permits: Copies of relevant building permits and zoning certificates

8. Utilities Documentation: Information about utility connections and services

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

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions












































Clauses








































Relevant Industries

Real Estate

Construction

Property Development

Agriculture

Hospitality

Retail

Industrial

Commercial Property

Banking & Finance

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Environmental Services

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Manufacturing

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Development

Facilities Management

Asset Management

Investment

Operations

Risk Management

Development

Acquisitions

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Developer

Corporate Counsel

Legal Director

Compliance Officer

Real Estate Agent

Property Investment Manager

Facilities Manager

Construction Manager

Development Director

Asset Manager

Real Estate Portfolio Manager

Land Acquisition Manager

General Counsel

Chief Legal Officer

Real Estate Transaction Manager

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