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Option Agreement (Real Estate)
"I need a Real Estate Option Agreement under Swiss law for a commercial property in Zurich's business district, where my development company wants the right to purchase a 2,000 square meter office building within 6 months starting March 2025, with specific provisions for conducting structural surveys and obtaining planning permissions."
1. Parties: Identification of the option grantor (property owner) and option holder, including full legal names and addresses
2. Background: Context of the agreement and brief description of the property and parties' intentions
3. Definitions: Key terms used throughout the agreement, including Property, Option Period, Strike Price, etc.
4. Property Description: Detailed legal description of the property subject to the option, including land register details
5. Option Grant: Express grant of the option and its basic terms
6. Option Period: Duration of the option, including start and end dates
7. Option Price: Amount paid for the option right itself (if applicable)
8. Purchase Price: Agreed price for the property if the option is exercised (Strike Price)
9. Exercise Procedure: Process and formalities for exercising the option
10. Payment Terms: Terms for both option price and purchase price payments
11. Representations and Warranties: Statements of fact by the parties, particularly regarding property ownership and authority to contract
12. Notarization Requirement: Acknowledgment of notarization requirement and process
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. Notices: Process for formal communications between parties
15. Execution: Signature blocks and notarization provisions
1. Due Diligence: Terms for property inspection and document review, used when the option holder requires investigation rights
2. Conditions Precedent: Conditions that must be met before option exercise, included when specific requirements must be satisfied
3. Extension Rights: Terms for extending the option period, included when flexibility is needed
4. Assignment Rights: Terms governing transfer of option rights, included when transferability is contemplated
5. Lex Koller Compliance: Specific provisions for foreign buyers, included when non-Swiss parties are involved
6. Property Management: Terms governing property maintenance during option period, included for longer option periods
7. Break Rights: Conditions under which either party can terminate the option, included when early termination might be needed
8. Tax Provisions: Specific tax arrangements, included when complex tax implications exist
1. Property Details: Detailed property description, including plans, boundaries, and land register extract
2. Title Documents: Copies of relevant property ownership documents
3. Property Plans: Architectural plans, site plans, and relevant drawings
4. Form of Exercise Notice: Template for the formal option exercise notice
5. Due Diligence Documents: List of documents to be provided for due diligence
6. Encumbrances: List of existing mortgages, easements, or other encumbrances
7. Payment Schedule: Detailed breakdown of payment terms and deadlines
8. Required Permits: List of necessary permits and authorizations
Authors
Real Estate
Commercial Property
Residential Property
Construction
Property Development
Hospitality
Retail
Industrial
Legal Services
Banking and Finance
Agriculture (for agricultural land)
Urban Development
Legal
Real Estate
Property Development
Investment
Asset Management
Corporate Development
Acquisitions
Project Management
Risk Management
Compliance
Finance
Real Estate Lawyer
Property Developer
Real Estate Investment Manager
Legal Counsel
Property Manager
Commercial Director
Chief Investment Officer
Real Estate Agent
Development Director
Asset Manager
Acquisition Manager
Portfolio Manager
General Counsel
Corporate Lawyer
Construction Manager
Project Manager
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