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Sell By Owner Contract

Sell By Owner Contract Template for Switzerland

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Key Requirements PROMPT example:

Sell By Owner Contract

"I need a Sell By Owner Contract for my vacation chalet in Zermatt, Switzerland, with specific provisions for including all ski equipment and winter sports facilities, targeting completion by March 2025 and including special clauses for tourist rental permit transfer."

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Document background
The Sell By Owner Contract is a crucial legal document used in Swiss real estate transactions where property owners choose to sell their property directly without real estate agent intermediation. This document is essential for ensuring compliance with Swiss property law requirements, including the Swiss Civil Code (ZGB) and Code of Obligations (OR). It must be notarized according to cantonal regulations and contains all necessary provisions for legal property transfer, including detailed property descriptions, price terms, warranties, and closing conditions. The contract addresses specific Swiss requirements such as Land Registry procedures, property transfer taxes, and where applicable, Lex Koller restrictions for foreign buyers. This type of contract is particularly relevant in situations where owners seek to maximize their return by handling the sale directly while ensuring all legal requirements are met.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed legal description of the property including land registry details, property boundaries, and total area

5. Purchase Price: Agreed purchase price, payment terms, and payment schedule

6. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including registration requirements

7. Seller's Representations and Warranties: Seller's declarations regarding property condition, ownership, encumbrances, and compliance with laws

8. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and compliance with Lex Koller if applicable

9. Closing Conditions: Prerequisites for completion of the sale, including financing and regulatory approvals

10. Closing Procedure: Step-by-step process for completing the transaction, including notarization requirements

11. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties

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

13. Execution: Signature blocks and notarization requirements

Optional Sections

1. Mortgage Arrangements: Include when existing mortgages need to be discharged or new mortgages arranged

2. Tenant Provisions: Include when the property is currently leased to tenants

3. Property Management: Include when interim property management arrangements are needed between signing and closing

4. Environmental Provisions: Include when environmental issues or contamination concerns exist

5. Renovation Agreements: Include when specific renovations are agreed to be completed before or after sale

6. Foreign Buyer Provisions: Include when buyer is subject to Lex Koller restrictions

7. Easements and Rights of Way: Include when specific easements or rights of way need to be addressed

8. Fixtures and Fittings: Include when specific items are included or excluded from the sale

Suggested Schedules

1. Property Plan: Official land registry extract and property plans

2. Title Documents: Copies of current title documentation and land registry entries

3. Inventory List: Detailed list of fixtures, fittings, and items included in the sale

4. Property Inspection Report: Recent property condition assessment report

5. Building Permits: Copies of relevant building permits and certificates

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

7. Existing Encumbrances: List of current mortgages, liens, or other encumbrances

8. Insurance Certificates: Current property insurance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses








































Relevant Industries

Real Estate

Legal Services

Financial Services

Insurance

Property Development

Construction

Environmental Services

Professional Services

Banking

Public Administration

Relevant Teams

Legal

Real Estate

Compliance

Finance

Risk Management

Property Management

Business Development

Operations

Tax Advisory

Environmental Affairs

Relevant Roles

Property Owner

Legal Counsel

Notary Public

Real Estate Manager

Property Developer

Financial Advisor

Tax Consultant

Compliance Officer

Property Surveyor

Environmental Consultant

Insurance Underwriter

Bank Manager

Land Registry Officer

Property Appraiser

Risk 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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