��������Ƶ

The Real Estate Loan Agreement is a fundamental document in Swiss property financing, used when a lender (typically a Swiss bank or financial institution) provides funding secured against real estate property. It encompasses essential elements required by Swiss law, including detailed provisions about the Schuldbrief (mortgage certificate) and compliance with Swiss banking regulations. The agreement is crucial for both residential and commercial property financing, requiring careful consideration of Swiss Civil Code (ZGB) requirements, banking regulations, and property laws. This document type is particularly important given Switzerland's sophisticated real estate market and strict regulatory environment, requiring specific provisions for property valuation, maintenance obligations, and security enforcement. The agreement must address both federal and cantonal requirements while protecting the interests of all parties involved in the transaction.

1. Parties: Identification of the lender (typically a Swiss bank or financial institution) and borrower(s), including full legal names, addresses, and registration details if applicable

2. Background: Context of the loan agreement, including property details and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement, including Swiss-specific legal and banking terms

4. Loan Amount and Purpose: Specification of the loan amount, currency (typically CHF), and detailed purpose of the loan

5. Interest and Fees: Interest rate provisions, calculation methods, and any applicable fees or charges

6. Drawdown Conditions: Prerequisites for loan disbursement, including required documentation and conditions precedent

7. Repayment Terms: Schedule of repayments, amortization requirements, and early repayment provisions

8. Security: Details of mortgage certificate (Schuldbrief) and any other security arrangements

9. Representations and Warranties: Standard declarations by the borrower regarding their legal capacity, property ownership, and financial status

10. Borrower Covenants: Ongoing obligations of the borrower, including property maintenance and insurance requirements

11. Events of Default: Circumstances constituting default and consequences thereof

12. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction details

13. Execution: Signature blocks and execution requirements