The Apartment Purchase Contract is a crucial legal document used in Swiss real estate transactions for the transfer of apartment ownership. It is essential for both residential and investment property purchases in Switzerland, requiring careful preparation to comply with federal and cantonal laws. This document is mandatory for all apartment purchases and must be notarized according to Swiss law. The contract incorporates specific requirements from the Swiss Civil Code and Code of Obligations, addresses property registration requirements, and includes provisions for foreign ownership compliance where necessary. It serves as the definitive agreement between buyer and seller, detailing all aspects of the property transfer, from purchase price and payment terms to warranties and completion procedures. The document must account for local cantonal requirements and may need to address specific considerations such as condominium association rules or second home restrictions in tourist areas.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and any relevant registration numbers
2. Background: Brief context of the transaction and confirmation that the seller is the registered owner of the property
3. Definitions: Key terms used throughout the agreement including Property, Purchase Price, Completion Date, etc.
4. Property Description: Detailed description of the apartment including land registry details, floor, size, and included fixtures and fittings
5. Purchase Price: Specified purchase price, payment terms, deposit requirements, and payment schedule
6. Payment Terms and Financing: Details of how and when payments will be made, including any mortgage arrangements
7. Completion Process: Steps for completion of the sale, including notarization requirements and registration in the land registry
8. Warranties and Representations: Seller's warranties regarding property ownership, condition, and absence of encumbrances
9. Property Condition and Inspection: Statement of the property's condition and buyer's acceptance of it
10. Transfer of Ownership and Risk: Timing and process for the transfer of ownership and associated risks
11. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Foreign Ownership Compliance: Required when buyer is a foreign national, addressing Lex Koller requirements
2. Mortgage Assumption: Used when existing mortgages are being transferred or assumed by the buyer
3. Condominium Association Rules: Required for properties subject to condominium association governance
4. Parking Space / Storage: When additional facilities are included in the purchase
5. Renovation Restrictions: When the property is in a historical building or subject to special renovation rules
6. Rental Situation: Required when the property is currently rented and includes details about existing tenancy
7. Second Home Declaration: Required in tourist areas subject to Second Homes Act restrictions
8. Pre-emption Rights: When there are existing pre-emption rights that need to be addressed
1. Floor Plan: Official floor plan showing the apartment layout and measurements
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Property Inventory: Detailed list of fixtures, fittings, and any furniture included in the sale
4. Building Insurance Certificate: Current building insurance documentation
5. Energy Performance Certificate: Energy efficiency rating and certification
6. Condominium Rules: Copy of current condominium association rules and regulations
7. Maintenance Records: Documentation of recent maintenance and repairs
8. Property Photographs: Current photographs documenting the condition of the property
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking & Finance
Property Development
Construction
Property Management
Insurance
Professional Services
Public Administration
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Finance
Risk Management
Operations
Customer Relations
Documentation
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary Public
Legal Counsel
Compliance Officer
Property Developer
Real Estate Investment Manager
Banking Relationship Manager
Mortgage Specialist
Real Estate Transaction Coordinator
Property Surveyor
Land Registry Officer
Contract Manager
Real Estate Portfolio Manager
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