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Offer To Purchase (Real Estate) for Switzerland

Offer To Purchase (Real Estate) Template for Switzerland

A formal document governed by Swiss law that presents a binding offer to purchase real estate property in Switzerland. The document complies with Swiss Civil Code and Code of Obligations requirements, particularly Article 216 CO regarding written form for real estate transactions. It includes detailed property specifications, purchase price, payment terms, conditions precedent, and completion requirements. The document addresses specific Swiss legal requirements such as notarization requirements and, where applicable, Lex Koller compliance for foreign buyers. It serves as the initial step in the formal property acquisition process in Switzerland.

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What is a Offer To Purchase (Real Estate)?

The Offer To Purchase (Real Estate) is a crucial document in Swiss property transactions, serving as the formal initiation of a real estate acquisition process. This document is typically used when a potential buyer has identified a property of interest and wishes to make a binding offer subject to specific conditions. It must comply with strict Swiss legal requirements, including those set forth in the Swiss Civil Code (ZGB) and Code of Obligations (OR). The document includes essential elements such as property details, purchase price, payment terms, due diligence provisions, and completion requirements. For foreign buyers, it must address Lex Koller compliance. The offer can be used for both residential and commercial properties and requires eventual notarization to complete the transaction. This document type is particularly important in the Swiss context due to the formal nature of property transactions and the specific legal requirements for real estate transfers.

What sections should be included in a Offer To Purchase (Real Estate)?

1. Parties: Identification of the potential buyer (offeror) and property owner (offeree), including full legal names, addresses, and any relevant registration numbers

2. Background: Brief context of the offer, including how the buyer became aware of the property and any prior discussions

3. Definitions: Key terms used throughout the document, including defined terms for the Property, Purchase Price, and Completion Date

4. Property Description: Detailed description of the real estate, including exact address, land registry details, and property identification numbers

5. Purchase Price: The offered purchase price, currency, payment terms, and any deposits or earnest money

6. Payment Terms: Structure and timing of payments, including deposit amounts and when final payment is due

7. Due Diligence Period: Timeframe and conditions for conducting property inspections and document reviews

8. Conditions Precedent: Essential conditions that must be met before the purchase can proceed

9. Completion Process: Steps for completing the transaction, including notarization requirements and registration process

10. Representations and Warranties: Standard declarations about the property's condition and buyer's capacity to purchase

11. Validity Period: Duration for which the offer remains valid and binding

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

What sections are optional to include in a Offer To Purchase (Real Estate)?

1. Financing Conditions: Include when purchase is contingent on obtaining mortgage or other financing

2. Lex Koller Compliance: Required for foreign buyers, detailing compliance with Swiss foreign ownership restrictions

3. Tenant Rights: Include when property is currently leased, addressing existing tenancy agreements

4. Property Management: Include for properties in multi-unit buildings or with shared facilities

5. Environmental Conditions: Include when property may have environmental issues or requires specific assessments

6. Renovation/Development Rights: Include when buyer plans significant modifications to the property

7. Furniture and Fixtures: Include when offer includes specific movable property within the purchase

What schedules should be included in a Offer To Purchase (Real Estate)?

1. Property Details Schedule: Comprehensive description of the property, including exact measurements, boundaries, and included features

2. Land Registry Extract: Current extract from the Swiss Land Registry (Grundbuch)

3. Property Plans: Official floor plans and site plans

4. Proof of Funds: Documentation demonstrating buyer's ability to complete the purchase

5. Due Diligence Checklist: List of documents and inspections required during due diligence period

6. Building Inspection Report: If already completed, technical assessment of the property's condition

7. Property Photos: Current photographs documenting the property's condition at time of offer

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

Property Development

Construction

Banking & Finance

Legal Services

Property Management

Hospitality

Retail

Commercial Property

Residential Property

Investment & Asset Management

Relevant Teams

Legal

Real Estate

Compliance

Finance

Investment

Asset Management

Property Management

Acquisitions

Development

Risk Management

Relevant Roles

Real Estate Agent

Property Developer

Legal Counsel

Corporate Lawyer

Property Manager

Investment Manager

Asset Manager

Real Estate Broker

Acquisition Manager

Development Director

Real Estate Portfolio Manager

Compliance Officer

Chief Financial Officer

Real Estate Transaction Manager

Property Acquisition Specialist

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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