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Option Agreement (Real Estate) Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Option Agreement (Real Estate) is a fundamental instrument in Swiss property transactions, used when a party wishes to secure the right to purchase a property without immediate commitment to the purchase. This document is particularly relevant in development projects, strategic property acquisitions, or when parties need time to arrange financing or conduct due diligence. The agreement must comply with Swiss federal law, including the Swiss Civil Code (ZGB) and Code of Obligations (OR), as well as cantonal requirements for real estate transactions. It typically includes detailed property descriptions, option terms, exercise procedures, and price mechanisms. The Option Agreement (Real Estate) must be notarized to be legally valid in Switzerland and may require additional considerations under Lex Koller if foreign investors are involved. This document type is crucial for managing property acquisition risks while providing clarity and certainty for all parties involved.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses



































Relevant Industries

Real Estate

Commercial Property

Residential Property

Construction

Property Development

Hospitality

Retail

Industrial

Legal Services

Banking and Finance

Agriculture (for agricultural land)

Urban Development

Relevant Teams

Legal

Real Estate

Property Development

Investment

Asset Management

Corporate Development

Acquisitions

Project Management

Risk Management

Compliance

Finance

Relevant Roles

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

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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