The Land Sales Agreement is a crucial legal document used in Switzerland for transferring ownership of real estate property from seller to buyer. It must be executed in accordance with strict Swiss legal requirements, including mandatory notarization and registration with the land registry. The agreement encompasses all essential elements required by Swiss law, including detailed property description, precise purchase price, payment terms, warranties, and transfer conditions. It needs to address various Swiss-specific considerations such as cantonal regulations, Lex Koller restrictions for foreign buyers, and environmental compliance. The document serves both private and commercial transactions, requiring careful attention to federal and cantonal property laws, tax implications, and specific local requirements for property transfer.
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1. Parties: Detailed identification of the seller and buyer, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the sale and brief description of the property and transaction
3. Definitions: Key terms used throughout the agreement, including property-specific terminology
4. Property Description: Detailed legal description of the property, including land registry details, plot number, and exact measurements
5. Purchase Price: Agreed purchase price, payment schedule, and method of payment
6. Transfer of Ownership: Terms and conditions for the transfer of title, including registration requirements
7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and compliance with laws
8. Possession and Transfer Date: Specified date for handover of property and transfer of possession
9. Taxes and Costs: Allocation of transfer taxes, notary fees, and registration costs
10. Due Diligence: Buyer's inspection rights and documentation requirements
11. Notarization: Acknowledgment of notarization requirement and process
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Mortgage Provisions: Used when existing mortgages need to be addressed or new financing arrangements are relevant
2. Tenant Provisions: Required when the property is subject to existing lease agreements
3. Construction Obligations: Included when there are pending construction works or renovation requirements
4. Environmental Provisions: Needed when specific environmental issues or contamination concerns exist
5. Foreign Buyer Provisions: Required when the buyer is subject to Lex Koller restrictions
6. Agricultural Land Provisions: Necessary when the property includes agricultural land subject to special regulations
7. Rights of First Refusal: Included when there are existing or new pre-emptive rights
8. Easements and Servitudes: Required when specific rights or restrictions need to be created or maintained
1. Property Details: Detailed technical description, including exact measurements, boundaries, and land registry excerpt
2. Title Documentation: Current land registry records and ownership history
3. Property Plans: Official cadastral plans and building plans
4. Inventory: List of included fixtures, fittings, and other items included in the sale
5. Existing Contracts: Copies of relevant contracts affecting the property (leases, service agreements, etc.)
6. Environmental Reports: Any environmental assessments or contamination reports
7. Building Permits: Copies of existing building permits and certificates
8. Payment Schedule: Detailed breakdown of payment installments and due dates
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Agriculture
Hospitality
Retail
Industrial
Commercial Property
Residential Property
Banking & Finance
Legal Services
Environmental Services
Urban Development
Tourism
Relevant Teams
Legal
Real Estate
Property Management
Corporate Development
Facilities
Compliance
Finance
Investment
Asset Management
Risk Management
Operations
Business Development
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary Public
Land Registry Officer
Property Developer
Commercial Director
Investment Manager
Corporate Lawyer
Facilities Manager
Asset Manager
Real Estate Investment Advisor
Development Director
Compliance Officer
Tax Advisor
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