¶¶Òõ¶ÌÊÓƵ

The Lease Agreement Sale Of Property is a specialized legal instrument used in Swiss real estate transactions where a property transfer is immediately followed by a lease arrangement between the new owner and previous owner. This document type is particularly relevant in commercial real estate transactions, corporate restructuring, and sale-leaseback arrangements where companies seek to free up capital while retaining use of their premises. The agreement must comply with Swiss federal and cantonal property laws, including the Swiss Civil Code (ZGB) and Code of Obligations (OR), and may require special consideration of Lex Koller if foreign buyers are involved. It includes detailed provisions for both the property sale (including purchase price, transfer conditions, and warranties) and the subsequent lease arrangement (including rent, term, maintenance obligations, and usage rights), making it a complex but essential document for these specialized transactions.

1. Parties: Identification and details of the seller/landlord and buyer/tenant, including full legal names, addresses, and registration details for legal entities

2. Background: Context of the transaction, including brief property history and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property, including address, land registry details, and included fixtures and fittings

5. Purchase Price and Payment Terms: Sale price, payment schedule, deposit requirements, and payment methods

6. Lease Terms: Duration of lease, rent amount, payment schedule, and rent review provisions

7. Conditions Precedent: Conditions that must be met before the sale and lease become effective

8. Completion Requirements: Steps required for completion of the sale and commencement of the lease

9. Property Usage: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the lease period

11. Insurance: Insurance requirements for both parties

12. Termination: Circumstances and procedures for terminating the lease

13. Representations and Warranties: Statements and guarantees made by both parties

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. Notices: Process for formal communications between parties

16. Signatures: Execution blocks for all parties and witnesses