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Form For Real Estate Purchase Agreement for Switzerland

Form For Real Estate Purchase Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that formalizes the transfer of real estate ownership from seller to buyer. This agreement complies with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements, including mandatory notarization provisions. It details the property specifications, purchase price, payment terms, transfer conditions, and respective obligations of the parties. The document incorporates cantonal-specific requirements and includes provisions for land registry registration, ensuring compliance with both federal and local Swiss property transfer regulations.

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What is a Form For Real Estate Purchase Agreement?

The Form For Real Estate Purchase Agreement is a standardized template designed for real estate transactions in Switzerland. It serves as the primary legal instrument for documenting property transfers, ensuring compliance with Swiss federal and cantonal laws. This document is essential whenever real estate ownership changes hands in Switzerland, whether for residential, commercial, or agricultural properties. The agreement must be notarized to be legally valid and includes crucial elements such as property details, price, payment terms, warranties, and transfer conditions. It incorporates requirements from the Swiss Civil Code, Code of Obligations, and relevant cantonal regulations, while also addressing specific circumstances such as foreign ownership restrictions under Lex Koller or agricultural land provisions under BGBB.

What sections should be included in a Form For Real Estate Purchase Agreement?

1. Parties: Detailed identification of the seller and buyer, including full legal names, addresses, and any registration numbers for legal entities

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

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the real estate, including land registry details, property dimensions, and cadastral information

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

6. Transfer of Ownership: Conditions and process for transferring property ownership

7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status

8. Handover and Transfer of Risk: Timing and conditions for property possession transfer and assumption of risks

9. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs

10. Land Register Registration: Process and requirements for registration in the land register

11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

12. Execution: Signature requirements and notarization provisions

What sections are optional to include in a Form For Real Estate Purchase Agreement?

1. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge or transfer

2. Condition Precedents: Any conditions that must be met before completion, such as obtaining permits or financing

3. Special Usage Rights: Details of any easements, rights of way, or other special rights attached to the property

4. Tenant Provisions: Information about existing tenancies and their treatment post-sale

5. Environmental Provisions: Special provisions regarding environmental conditions or contamination

6. Construction/Renovation Obligations: Any pending or required construction or renovation works

7. Foreign Buyer Provisions: Special provisions required under Lex Koller for foreign buyers

8. Agricultural Land Provisions: Special provisions required under BGBB for agricultural property

What schedules should be included in a Form For Real Estate Purchase Agreement?

1. Property Details: Detailed technical description, including floor plans, boundary plans, and land register extract

2. Inventory: List of fixtures, fittings, and any movable property included in the sale

3. Property Inspection Report: Technical assessment of property condition

4. Existing Encumbrances: Details of mortgages, easements, and other registered encumbrances

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

6. Required Permits: Copies of relevant permits and certificates

7. Energy Performance Certificate: Mandatory energy efficiency documentation

8. Insurance Certificates: Current building insurance documentation

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

Banking and Finance

Legal Services

Insurance

Construction

Property Development

Property Management

Agriculture (for rural properties)

Hospitality (for commercial properties)

Retail (for commercial properties)

Industrial (for commercial properties)

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Investment

Finance

Risk Management

Operations

Business Development

Documents and Contracts

Relevant Roles

Real Estate Agent

Property Lawyer

Notary Public

Property Manager

Real Estate Developer

Bank Manager

Mortgage Advisor

Property Surveyor

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Valuation Specialist

Land Registry Officer

Real Estate Transaction Coordinator

Asset Manager

Industries








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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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