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Real Estate Contract Of Sale Template for Switzerland

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Key Requirements PROMPT example:

Real Estate Contract Of Sale

"I need a Real Estate Contract of Sale for a commercial office building in Zurich, with completion scheduled for March 2025, that includes provisions for existing tenants and addresses the transfer of current service contracts."

Document background
The Real Estate Contract of Sale is a fundamental document in Swiss property transactions, essential for legally transferring real estate ownership between parties. This contract type must be executed in accordance with Swiss federal and cantonal laws, requiring public authentication (notarization) to be legally valid. It is used whenever real property is being sold in Switzerland, whether for residential, commercial, or industrial purposes. The document includes crucial information such as precise property details, purchase price, payment terms, warranties, and specific conditions for transfer. It must address various Swiss legal requirements including land registry regulations, anti-money laundering provisions, and, where applicable, Lex Koller restrictions for foreign buyers. The contract serves as the basis for updating the land register (Grundbuch) and typically involves multiple stakeholders including notaries, banks, and government authorities.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the real estate including land register details, lot number, and exact measurements

5. Purchase Price: The agreed purchase price and payment terms, including deposit requirements

6. Payment Terms: Schedule of payments, method of payment, and account details

7. Transfer of Ownership: Conditions and process for transferring title, including land registry requirements

8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status

9. Handover Conditions: Terms for physical possession transfer and property condition at handover

10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees

11. Insurance and Risk: Transfer of insurance obligations and risk allocation

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

13. Execution: Signature requirements and notarization provisions

Optional Sections

1. Mortgage Arrangements: Required when existing mortgages need to be discharged or new financing is involved

2. Tenant Provisions: Needed when the property is subject to existing lease agreements

3. Foreign Buyer Provisions: Required when the buyer is subject to Lex Koller restrictions

4. Construction Obligations: Needed when the property includes unfinished construction or requires specific modifications

5. Environmental Provisions: Required when environmental issues or contamination are present

6. Rights of First Refusal: Needed when there are existing pre-emptive rights

7. Easements and Servitudes: Required when specific rights or obligations affect the property

8. Defects Liability: Detailed provisions for handling known or discovered defects

Suggested Schedules

1. Property Details: Detailed technical description, including floor plans and land register extract

2. Inventory: List of included fixtures, fittings, and movable items

3. Due Diligence Documents: Property inspection reports, building permits, and compliance certificates

4. Payment Schedule: Detailed breakdown of payment installments and timing

5. Existing Encumbrances: List of mortgages, easements, and other registered rights

6. Property Photographs: Documentation of property condition at time of contract

7. Insurance Certificates: Copies of relevant insurance policies

8. Land Registry Forms: Required forms for ownership transfer registration

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


















































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Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Insurance

Property Management

Urban Planning

Architecture

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Finance

Property Management

Asset Management

Risk Management

Investment

Operations

Corporate Services

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Land Registry Officer

Property Developer

Real Estate Investment Manager

Compliance Officer

Tax Advisor

Real Estate Transaction Manager

Property Acquisition Specialist

Real Estate Portfolio Manager

Title Insurance Specialist

Real Estate Finance 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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