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Land Sale Purchase Agreement for Switzerland

Land Sale Purchase Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that formalizes the transfer of real estate property from a seller to a buyer. This agreement must comply with strict Swiss formal requirements, including mandatory notarization and registration in the cantonal land registry. It incorporates federal regulations such as the Swiss Civil Code (ZGB) and Code of Obligations (OR), while also adhering to specific cantonal requirements. The document details the property specifications, purchase price, payment terms, conditions precedent, warranties, and the process for ownership transfer, while addressing particular Swiss considerations such as Lex Koller restrictions for foreign buyers and cantonal property transfer taxes.

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What is a Land Sale Purchase Agreement?

The Land Sale Purchase Agreement is a crucial document used in Swiss real estate transactions to formalize the transfer of property ownership. It must be prepared in accordance with Swiss federal and cantonal laws, requiring official notarization to be legally valid. This document is essential for any real estate transaction in Switzerland, whether involving private individuals, companies, or commercial properties. It contains detailed provisions about the property, parties, purchase price, payment terms, and transfer process, while ensuring compliance with specific Swiss regulations such as the Lex Koller for foreign buyers and cantonal property transfer requirements. The agreement serves as the foundation for the property transfer process and subsequent land registry registration, making it a fundamental document in Swiss real estate transactions.

What sections should be included in a Land Sale Purchase Agreement?

1. Parties: Identification of the seller and purchaser with full legal names, addresses, and any registration details for legal entities

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

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

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

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

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

7. Conditions Precedent: Conditions that must be fulfilled before completion, including obtaining necessary permits and approvals

8. Due Diligence: Buyer's right to inspect property and review documentation

9. Representations and Warranties: Seller's declarations regarding property condition, title, and absence of encumbrances

10. Transfer of Ownership: Process and timing for legal transfer of title and registration in land registry

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

12. Handover: Timing and process for physical possession transfer and utilities handover

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

14. Execution: Notarization requirements and signing process

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

1. Mortgage Arrangements: Details of existing mortgage discharge or new mortgage arrangements, used when property has existing financing

2. Tenant Provisions: Details about existing tenancies and their treatment, used when property is subject to ongoing leases

3. Environmental Provisions: Specific clauses regarding environmental conditions or contamination, used for industrial properties or known environmental issues

4. Construction Obligations: Details of any pending or required construction work, used for properties under development

5. Foreign Buyer Provisions: Additional provisions required under Lex Koller, used when purchaser is a foreign national

6. Agricultural Land Provisions: Special provisions required for agricultural land sales, used when property is classified as agricultural

7. Easements and Rights of Way: Detailed provisions regarding existing easements, used when property has specific access or utility arrangements

8. Furniture and Fittings: List of included/excluded items, used when sale includes movable property

What schedules should be included in a Land Sale Purchase 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 if applicable

4. Due Diligence Documents: Building permits, zoning certificates, and technical reports

5. Existing Contracts: Copies of relevant service contracts, warranties, and guarantees

6. Environmental Reports: Any environmental assessments or contamination reports

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

8. Handover Protocol: Template for recording the physical handover of the property

9. Building Insurance: Current building insurance documentation

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

Construction

Agriculture

Hospitality

Retail

Industrial

Commercial Property

Residential Property

Banking and Finance

Legal Services

Environmental Services

Property Development

Infrastructure

Relevant Teams

Legal

Real Estate

Finance

Corporate Development

Investment

Operations

Facilities Management

Risk Management

Compliance

Property Management

Asset Management

Acquisitions

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Land Registry Officer

Property Developer

Investment Manager

Facilities Manager

Commercial Director

Chief Financial Officer

Real Estate Investment Analyst

Asset Manager

Acquisition Manager

Corporate Lawyer

Property Surveyor

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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