The Apartment Purchase Agreement is a crucial legal document used in Swiss real estate transactions for transferring apartment ownership. It must be drafted in compliance with Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). The agreement requires notarization and subsequent registration with the land registry to effect the transfer of ownership. It includes essential elements such as precise property identification, purchase price, payment terms, warranties, and specific provisions required by Swiss law. Special considerations may apply for foreign buyers under Lex Koller regulations. The document serves as the primary record of the transaction terms and conditions, protecting both parties' interests while ensuring compliance with Swiss property transfer requirements.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and any relevant registration numbers
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the apartment including land register details, floor area, room configuration, and parking spaces
5. Purchase Price: Specification of the total purchase price and currency
6. Payment Terms: Payment schedule, deposit requirements, and method of payment
7. Transfer of Ownership: Conditions and process for transferring property ownership via the land registry
8. Warranties and Representations: Seller's warranties regarding property condition, ownership, and encumbrances
9. Handover Conditions: Timing and conditions for physical handover of the property
10. Costs and Taxes: Allocation of notary fees, land registry fees, transfer taxes, and other transaction costs
11. Insurance and Risk: Transfer of insurance obligations and risk of damage
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Notices: Process for formal communications between parties
14. Execution: Signature requirements and number of counterparts
1. Mortgage Arrangements: Details of mortgage financing when buyer requires bank financing
2. Foreign Buyer Provisions: Additional provisions required when buyer is subject to Lex Koller restrictions
3. Condominium Rules: Reference to and acceptance of condominium association rules where applicable
4. Renovation Agreements: Specific arrangements for any agreed renovations before or after purchase
5. Tenant Provisions: Provisions regarding existing tenancy if the property is currently rented
6. Furniture and Fittings: List of movable items included/excluded from sale if relevant
7. Defects Procedure: Specific procedures for handling detected defects post-purchase
8. Environmental Provisions: Special provisions regarding environmental issues if property is in affected area
1. Property Details: Detailed technical description of the property including floor plans and land register extract
2. Inventory List: Detailed list of included furniture, fittings, and appliances if applicable
3. Payment Schedule: Detailed breakdown of payment installments and timing
4. Property Inspection Report: Recent inspection report detailing property condition
5. Energy Performance Certificate: Current energy efficiency rating and certificate
6. Building Insurance Certificate: Current building insurance details and coverage
7. Condominium Documents: Copies of condominium regulations and recent assembly minutes if applicable
8. Land Register Extract: Current extract from the land register showing ownership and encumbrances
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Insurance
Construction
Property Development
Property Management
Residential Housing
Urban Development
Professional Services
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Finance
Risk Management
Investment
Operations
Customer Relations
Relevant Roles
Real Estate Agent
Property Lawyer
Notary Public
Property Manager
Real Estate Developer
Mortgage Advisor
Legal Counsel
Compliance Officer
Property Surveyor
Real Estate Transaction Manager
Real Estate Investment Manager
Property Portfolio Manager
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