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Apartment Purchase Contract for Switzerland

Apartment Purchase Contract Template for Switzerland

A legally binding contract governed by Swiss law for the purchase and sale of an apartment property in Switzerland. This document complies with the Swiss Civil Code (ZGB) and Code of Obligations (OR), incorporating mandatory requirements for property transfers in Switzerland, including notarization requirements and land registry regulations. The contract details the complete terms of the transaction, including property description, purchase price, payment terms, warranties, and specific Swiss legal requirements such as compliance with Lex Koller for foreign buyers where applicable. It serves as the primary document for transferring apartment ownership and must be executed in accordance with cantonal regulations.

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What is a Apartment Purchase Contract?

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.

What sections should be included in a Apartment Purchase Contract?

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

What sections are optional to include in a Apartment Purchase Contract?

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

What schedules should be included in a Apartment Purchase Contract?

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

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Cost

Free to use
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

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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