The Offer To Purchase Real Estate Form is a crucial document in Swiss property transactions, serving as the formal initiation of a property purchase process. It is typically used when a potential buyer has identified a property of interest and wishes to make a binding offer subject to specific conditions. The document must be drafted in compliance with Swiss federal law, including the Civil Code (ZGB) and Code of Obligations (OR), as well as relevant cantonal regulations. It includes essential information such as property details, purchase price, payment terms, due diligence requirements, and any specific conditions precedent. For foreign buyers, additional considerations regarding Lex Koller compliance must be incorporated. This document typically precedes the formal purchase agreement (Kaufvertrag) that will be prepared by a notary public if the offer is accepted.
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1. Parties: Full legal identification of the potential buyer and seller, including name, address, and nationality (important for Lex Koller considerations)
2. Background: Brief context of the offer and property interest
3. Definitions: Key terms used throughout the document
4. Property Description: Detailed description of the property including address, land registry details, size, and current use
5. Purchase Price: Proposed purchase price, currency, and payment terms
6. Payment Structure: Details of deposits, installments, and final payment arrangements
7. Due Diligence Period: Timeframe and conditions for property inspection and document review
8. Conditions Precedent: Essential conditions that must be met before proceeding with the purchase
9. Closing Terms: Proposed timeline and requirements for completing the transaction
10. Representations and Warranties: Standard declarations about the buyer's ability to proceed with the purchase
11. Governing Law: Confirmation of Swiss law application and relevant canton
12. Execution: Signature blocks and dating requirements
1. Financing Contingency: Include when purchase is dependent on obtaining mortgage financing
2. Foreign Buyer Provisions: Include when buyer is foreign and Lex Koller permits are required
3. Property Management: Include when offer involves existing tenants or property management arrangements
4. Second Home Declaration: Include when property is in an area subject to Second Homes Act restrictions
5. VAT Provisions: Include when property transaction may be subject to VAT
6. Environmental Provisions: Include when property has known environmental issues or requires assessment
7. Development Rights: Include when offer relates to property with development potential or restrictions
1. Property Details Schedule: Detailed technical description of property, including land registry excerpt, plot number, and exact measurements
2. Financial Schedule: Detailed breakdown of purchase price, payment schedule, and any adjustments
3. Due Diligence Checklist: List of documents and investigations required during due diligence period
4. Property Inspection Report: If already completed, technical assessment of property condition
5. Current Lease Schedule: If applicable, details of existing tenancies and rental income
6. Required Permits: List of necessary permits and approvals required for purchase completion
7. Property Plans: Official property plans and drawings from land registry
Relevant legal definitions
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Relevant Industries
Real Estate
Banking & Finance
Legal Services
Property Development
Construction
Insurance
Property Management
Investment Management
Hospitality
Retail
Commercial Property
Residential Property
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Property Management
Asset Management
Investment
Due Diligence
Acquisitions
Portfolio Management
Transaction Management
Property Development
Relevant Roles
Real Estate Agent
Property Lawyer
Legal Counsel
Real Estate Manager
Property Developer
Investment Manager
Asset Manager
Property Acquisitions Manager
Real Estate Portfolio Manager
Compliance Officer
Risk Manager
Property Valuation Specialist
Real Estate Transaction Manager
Due Diligence Manager
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