The Agreement To Sell Property is a fundamental document in Swiss real estate transactions, essential for both private and commercial property transfers. It is used when transferring ownership of real estate in Switzerland and must comply with strict formal requirements under Swiss law, including mandatory notarization. The document encompasses all aspects of the property sale, from basic identification of the parties and property to complex provisions regarding payment terms, warranties, and transfer conditions. It must address specific Swiss legal requirements such as land register entries, property transfer taxes, and compliance with Lex Koller for foreign buyers. The agreement serves as the primary document for property registration authorities and forms the basis for subsequent property transfer procedures. It is particularly important that this document is drafted with precision as Swiss property law has specific requirements that differ from other jurisdictions.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including land register details, plot number, and exact measurements
5. Purchase Price: The agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership via the land register
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Handover: Timing and conditions for physical possession transfer
9. Costs and Taxes: Allocation of notary fees, transfer taxes, and registration costs
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
11. Execution: Signature blocks and notarization requirements
1. Mortgage Arrangements: Details of existing mortgages and arrangements for discharge or transfer
2. Tenant Provisions: Required when the property is currently leased to tenants
3. Construction Obligations: Used when the property involves ongoing or planned construction work
4. Environmental Provisions: Specific provisions regarding environmental issues or contamination
5. Foreign Ownership Compliance: Required when buyer is foreign, addressing Lex Koller requirements
6. Conditions Precedent: Any conditions that must be met before completion
7. Agent Commissions: Details of real estate agent fees when applicable
1. Property Details: Detailed technical description, floor plans, and land register extract
2. Title Documents: Copies of relevant land register entries and ownership documents
3. Inventory: List of fixtures, fittings, and any included movable property
4. Encumbrances: List of easements, mortgages, and other encumbrances
5. Building Permits: Copies of relevant building permits and certificates
6. Payment Schedule: Detailed breakdown of payment instalments and timing
7. Property Condition Report: Current condition assessment and any known defects
8. Required Certificates: Energy performance certificates and other required technical certificates
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Real Estate Lawyer
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Compliance Officer
Tax Advisor
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Property Surveyor
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