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The Rental With Option To Buy Agreement is a specialized legal instrument used in Switzerland when a property owner wishes to rent out a property while giving the tenant the exclusive right to purchase it within a specified period. This document is particularly useful in situations where immediate purchase isn't feasible or desired, but there's mutual interest in a potential future sale. It provides flexibility while protecting both parties' interests under Swiss law. The agreement must comply with federal and cantonal requirements for both rental and property purchase transactions, including specific formalities required by the Swiss Code of Obligations. It's commonly used in both residential and commercial contexts, offering a structured path to property ownership while maintaining clear rental terms during the interim period. The document includes comprehensive details about property condition, rental terms, purchase price calculation, option exercise procedures, and all necessary legal compliance elements.

1. Parties: Identification of the landlord/seller and tenant/potential buyer, including full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the agreement, including property details and the parties' intention to enter into a rental agreement with a purchase option

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Option Period, Purchase Price, and other relevant terms

4. Rental Terms: Core rental provisions including rent amount, payment terms, duration, and rental obligations

5. Property Use and Maintenance: Specifications for permitted use of the property and maintenance responsibilities of both parties

6. Option to Purchase: Detailed terms of the purchase option, including option price, exercise period, and mechanism for exercising the option

7. Purchase Price and Payment: Specification of the final purchase price, payment terms, and any rent credits applied to the purchase

8. Exercise of Option: Procedure for exercising the option, including notice requirements and completion timeframe

9. Representations and Warranties: Standard representations and warranties from both parties regarding their capacity and the property's condition

10. Default and Remedies: Consequences of default under either the rental or option aspects of the agreement

11. Insurance and Risk: Requirements for property insurance and allocation of risk during the rental period

12. Termination: Circumstances and procedures for terminating the agreement, both for the rental and option aspects

13. Notices: Requirements for formal communications between the parties

14. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes