An Agreement To Sell A House under Swiss law is a crucial document used when transferring residential property ownership in Switzerland. This formal agreement requires notarization and must comply with strict Swiss legal requirements, including the Swiss Civil Code (ZGB) and Code of Obligations (OR). The document is essential for both domestic and international transactions, though additional requirements apply for foreign buyers under Lex Koller. It covers all aspects of the property transfer, from initial terms to completion, including purchase price, payment structure, warranties, and property registration requirements. The agreement must account for cantonal variations in property law and transfer taxes, making local legal expertise essential. This type of agreement is particularly important given Switzerland's complex property laws and the high value of real estate transactions in the Swiss market.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and any registration details
2. Background: Context of the sale, including brief property history and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, land registry details, and cadastral information
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Structure: Details of how and when payments will be made, including escrow arrangements
7. Conditions Precedent: Conditions that must be met before completion, including mortgage approval and permits
8. Completion: Process and requirements for completing the sale, including notarization requirements
9. Seller's Warranties: Warranties regarding property ownership, condition, and encumbrances
10. Property Transfer: Process and timing of property transfer and registration
11. Costs and Taxes: Allocation of transfer taxes, notary fees, and other transaction costs
12. Governing Law: Confirmation of Swiss law application and jurisdiction
13. Execution: Signature blocks and notarization requirements
1. Tenant Rights: Required if the property is currently tenanted, addressing existing lease agreements
2. Foreign Buyer Provisions: Required for non-Swiss buyers, addressing Lex Koller requirements
3. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge
4. Property Management: Arrangements for property management between exchange and completion
5. Construction Warranties: For newer properties, transfer of builder's warranties and guarantees
6. Environmental Provisions: Required if there are environmental issues or protections affecting the property
7. Neighbor Rights: Required if there are specific neighbor rights or agreements affecting the property
8. Renovation Agreements: Required if any pre-completion renovations are agreed upon
1. Property Details: Detailed property specifications, including floor plans and boundaries
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Inventory: List of fixtures, fittings, and any included furniture
4. Property Condition Report: Recent survey or condition assessment of the property
5. Building Permits: Copies of relevant building permits and certificates
6. Energy Certificate: Energy efficiency rating and certification
7. Insurance Certificates: Details of existing building insurance
8. Payment Schedule: Detailed breakdown of payment installments and timing
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