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Real Estate Term Sheet Template for Switzerland

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Key Requirements PROMPT example:

Real Estate Term Sheet

"I need a Real Estate Term Sheet for the purchase of a mixed-use commercial property in Zurich, with multiple existing tenants and potential development rights, planned for completion by March 2025."

Document background
The Real Estate Term Sheet is a crucial preliminary document used in Swiss real estate transactions to establish the framework for property acquisitions and sales. It is typically prepared after initial negotiations but before detailed due diligence and final contract drafting. The document captures key commercial and legal terms agreed between parties, including property specifics, pricing, payment structure, conditions, and timelines. While mostly non-binding under Swiss law (except for specific provisions like confidentiality and exclusivity), it serves as an essential roadmap for transaction documentation and helps ensure all parties have a clear, common understanding of the proposed deal structure. The term sheet must reflect Swiss legal requirements, including cantonal regulations and federal laws such as the Lex Koller for foreign investments, making it a vital tool for complex real estate transactions in Switzerland.
Suggested Sections

1. Parties: Identification of buyer and seller with full legal names, addresses, and registration details if applicable

2. Background: Brief context of the transaction and purpose of the term sheet

3. Definitions: Key terms used throughout the document

4. Property Description: Detailed description of the real estate, including address, land register details, and size

5. Purchase Price: Amount, currency, and payment structure

6. Payment Terms: Timeline and method of payment, including any deposits or installments

7. Timeline: Key dates including signing, closing, and transfer of ownership

8. Due Diligence: Scope, period, and process for due diligence investigation

9. Conditions Precedent: Conditions that must be met before proceeding to final agreement

10. Representations and Warranties: Basic confirmations from both parties regarding authority and property status

11. Exclusivity: Period during which seller cannot negotiate with other parties

12. Confidentiality: Obligations regarding confidential information

13. Costs: Allocation of transaction costs between parties

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Financing Conditions: Include when buyer requires external financing, specifying conditions and deadlines

2. Tenant Situations: Include when property is subject to existing lease agreements

3. Environmental Provisions: Include when environmental issues are known or suspected

4. Development Rights: Include when property has development potential or restrictions

5. Asset Deal Structure: Include for corporate property holdings where share deal might be alternative

6. Property Management: Include for commercial properties with ongoing management needs

7. Lex Koller Provisions: Include when foreign buyers are involved

8. VAT Provisions: Include when VAT opt-in/opt-out decisions are relevant

Suggested Schedules

1. Property Details Schedule: Detailed technical description of property including plans and specifications

2. Land Register Extract: Current extract from land register showing ownership and encumbrances

3. Price Calculation Schedule: Detailed breakdown of purchase price components if complex

4. Due Diligence Checklist: List of documents and information to be provided during due diligence

5. Timeline Schedule: Detailed timeline with all relevant dates and deadlines

6. Existing Leases Overview: Summary of current lease agreements if property is rented

7. Property Photographs: Current photographs of the property and relevant features

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

Banking & Finance

Hospitality

Retail

Healthcare

Industrial & Manufacturing

Office & Commercial

Residential Development

Logistics & Warehousing

Education

Tourism & Leisure

Agriculture

Senior Living & Care

Data Centers

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Investment

Finance

Compliance

Risk Management

Business Development

Operations

Facilities Management

Corporate Development

Mergers & Acquisitions

Asset Management

Property Management

Technical Services

Relevant Roles

Real Estate Director

Chief Investment Officer

Property Manager

Legal Counsel

Real Estate Agent

Investment Manager

Asset Manager

Development Director

Acquisition Manager

Portfolio Manager

Transaction Manager

Chief Financial Officer

Real Estate Analyst

Facilities Manager

Risk Manager

Compliance Officer

Real Estate Partner (Law Firm)

Property Valuer

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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