The Real Estate Purchase Agreement is a fundamental legal document used in Switzerland for property transactions between buyers and sellers. It must comply with strict Swiss legal requirements, including mandatory notarization and registration in the land registry (Grundbuch). The agreement is essential for both residential and commercial property transactions and must address specific Swiss legal considerations such as transfer taxes, formal requirements under the Swiss Civil Code and Code of Obligations, and where applicable, restrictions on foreign ownership under Lex Koller. The document serves as the primary instrument for transferring property ownership and typically includes detailed property descriptions, price and payment terms, warranties, and closing conditions. It's particularly important to note that unlike some other jurisdictions, Swiss law requires the involvement of a notary public for real estate transfers to be legally valid.
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1. Parties: Identification of the seller and purchaser with full legal names, addresses, and any registration details for legal entities
2. Background: Context of the transaction and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot number, address, and exact measurements
5. Purchase Price: Agreed purchase price and currency
6. Payment Terms: Structure and timing of payments, including deposit and final payment details
7. Transfer of Ownership: Process and conditions for transferring property title
8. Representations and Warranties: Seller's declarations about the property's condition, encumbrances, and legal status
9. Due Diligence: Buyer's inspection rights and related procedures
10. Closing Conditions: Prerequisites for completing the transaction
11. Closing Process: Steps for completion of the transaction, including notarization requirements
12. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Mortgage Arrangements: Include when the purchase involves mortgage financing or assumption of existing mortgages
2. Tenant Rights: Include when the property is subject to existing lease agreements
3. Foreign Ownership Compliance: Include when the buyer is a foreign national or entity, addressing Lex Koller requirements
4. Environmental Provisions: Include when environmental issues or contamination are known or suspected
5. Construction/Renovation Requirements: Include when the property requires specific works or is under construction
6. Agricultural Land Provisions: Include when the property includes agricultural land subject to special regulations
7. Easements and Rights of Way: Include when specific easements or rights of way affect the property
8. Property Management Transition: Include when the property involves ongoing management services
1. Property Plans: Official land registry plans and property boundaries
2. Title Documentation: Current land registry extract and ownership history
3. Property Inventory: List of fixtures, fittings, and other items included in the sale
4. Existing Encumbrances: Details of mortgages, easements, or other registered charges
5. Due Diligence Reports: Technical, environmental, and legal inspection reports
6. Existing Contracts: Copies of relevant service contracts, warranties, or lease agreements
7. Payment Schedule: Detailed breakdown of payment installments and timing
8. Completion Checklist: List of documents and actions required for closing
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction & Development
Property Management
Hospitality
Retail
Commercial Property
Residential Property
Agriculture & Rural Land
Industrial & Manufacturing
Investment & Asset Management
Relevant Teams
Legal
Real Estate
Compliance
Finance
Operations
Investment
Asset Management
Property Management
Due Diligence
Risk Management
Corporate Development
Facilities Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Real Estate Developer
Investment Manager
Asset Manager
Property Surveyor
Notary Public
Banking Officer
Corporate Counsel
Real Estate Investment Analyst
Property Operations Manager
Transaction Manager
Due Diligence Specialist
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