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Letter Of Reservation for Switzerland

Letter Of Reservation Template for Switzerland

A Letter of Reservation is a formal document used under Swiss law to establish a preliminary agreement between parties, typically in real estate transactions, where one party expresses their intention to reserve a property or asset for potential purchase. The document, governed by Swiss contract law and particularly the Swiss Code of Obligations, outlines the terms of the reservation, including the reservation fee, validity period, and conditions under which the reservation may be maintained or terminated. It serves as a preliminary step before entering into a full purchase agreement and provides certain legal protections for both parties while due diligence and other preliminary matters are addressed.

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What is a Letter Of Reservation?

The Letter of Reservation is a crucial document in Swiss business practice, particularly in real estate and high-value asset transactions. It serves as an interim measure between initial interest and final purchase, allowing potential buyers to secure their interest in a property or asset while conducting due diligence and arranging financing. The document typically includes details of the reservation fee, the period of exclusivity, conditions for refund, and the pathway to a final purchase agreement. Under Swiss law, while a Letter of Reservation is not as binding as a full purchase agreement, it creates certain legal obligations and rights for both parties. The document is particularly important in the Swiss market where property transactions can be complex and time-consuming, especially when involving foreign buyers subject to Lex Koller regulations.

What sections should be included in a Letter Of Reservation?

1. Date and Address Block: Full details of both parties including names, addresses, and contact information

2. Subject Line: Clear identification of the document as a Reservation Letter and reference to the property/item being reserved

3. Property/Item Details: Precise description of what is being reserved, including all relevant identifying information

4. Reservation Terms: Key terms including reservation amount, duration of reservation, and whether the amount is refundable

5. Payment Information: Details of how and when the reservation payment should be made, including bank details if applicable

6. Validity Period: Clear statement of how long the reservation will remain valid

7. Signature Block: Space for signatures of both parties, dates, and any witness requirements

What sections are optional to include in a Letter Of Reservation?

1. Special Conditions: Any specific conditions or requirements unique to this reservation, used when there are non-standard terms

2. Cancellation Terms: Specific terms regarding cancellation and refund policies, included when the standard terms need modification

3. Third Party Rights: Reference to any third party interests or rights, included when other parties have related interests

4. Foreign Buyer Clause: Special provisions for foreign buyers under Lex Koller, included when the reserving party is not Swiss

What schedules should be included in a Letter Of Reservation?

1. Property Details Schedule: Detailed description of the property including plans, specifications, or photographs if applicable

2. Payment Schedule: If the reservation involves multiple payments or stages, details of payment structure

3. Due Diligence Documents: List of documents to be provided during the reservation period

4. Property Plans: Floor plans, site plans, or other relevant drawings if applicable

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

Service Letter

Cost

Free to use
Relevant legal definitions






























Clauses
























Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Hospitality

Retail

Commercial Property

Luxury Goods

Industrial Property

Tourism and Leisure

Relevant Teams

Legal

Real Estate

Sales

Business Development

Finance

Compliance

Operations

Property Management

Investment

Commercial

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Commercial Director

Asset Manager

Sales Director

Business Development Manager

Property Manager

Investment Manager

Compliance Officer

Transaction Manager

Contract Administrator

Chief Financial Officer

Real Estate Agent

Development Director

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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