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Buy Sell Agreement (Real Estate) for Switzerland

Buy Sell Agreement (Real Estate) Template for Switzerland

A comprehensive legal document governed by Swiss law that formalizes the transfer of real estate property from a seller to a buyer. This agreement details all aspects of the property transaction, including purchase price, payment terms, property description, warranties, and closing conditions. It must comply with Swiss federal and cantonal requirements, including mandatory notarization and specific formalities for property transfer registration. The document incorporates provisions from the Swiss Civil Code (ZGB) and Code of Obligations (OR), addressing both legal and practical aspects of the property transfer, including any specific cantonal requirements for real estate transactions.

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Buy Sell Agreement (Real Estate)

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What is a Buy Sell Agreement (Real Estate)?

The Buy Sell Agreement (Real Estate) is a crucial legal document used in Swiss property transactions to formalize and execute the transfer of real estate ownership. This document is essential whenever real property is being sold in Switzerland, whether for residential, commercial, or industrial purposes. It must comply with strict Swiss legal requirements, including mandatory notarization and specific cantonal regulations. The agreement typically includes detailed property descriptions, purchase price mechanisms, warranties, and transfer conditions, while also addressing specific Swiss requirements such as land registry regulations and, where applicable, Lex Koller restrictions for foreign buyers. The document serves as the foundation for the property transfer process and must be drafted in accordance with both federal Swiss law and relevant cantonal provisions to ensure legal validity and enforceability.

What sections should be included in a Buy Sell Agreement (Real Estate)?

1. Parties: Identification of buyer and seller with full legal names, addresses, and any registration details 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 property including land registry details, plot number, size, and address

5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements

6. Transfer of Ownership: Conditions and process for transferring property ownership, including registration requirements

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

8. Closing Conditions: Requirements to be met before completion, including financing and regulatory approvals

9. Closing Procedure: Step-by-step process for completing the transaction

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

11. Default and Remedies: Consequences of breach and available remedies

12. Notices: Communication procedures between parties

13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

14. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Buy Sell Agreement (Real Estate)?

1. Mortgage Assumption: Terms for buyer's assumption of existing mortgage, if applicable

2. Tenant Provisions: Details of existing tenancies and transfer of lease agreements

3. Property Management: Interim management arrangements between signing and closing

4. Environmental Matters: Specific provisions regarding environmental conditions or requirements

5. Construction Obligations: For properties under construction or requiring specific works

6. Foreign Buyer Provisions: Additional requirements under Lex Koller for foreign buyers

7. Broker Provisions: Terms regarding real estate broker involvement and commissions

8. Post-Closing Obligations: Ongoing obligations after property transfer

What schedules should be included in a Buy Sell Agreement (Real Estate)?

1. Property Details: Detailed property specifications, including floor plans and land registry excerpt

2. Title Documents: Current land register extract and ownership history

3. Inventory: List of included fixtures, fittings, and movable items

4. Existing Encumbrances: List of easements, mortgages, and other registered rights

5. Due Diligence Reports: Technical, legal, and environmental inspection reports

6. Building Permits: Copies of relevant building permits and certificates

7. Insurance Certificates: Current building insurance documentation

8. Payment Schedule: Detailed breakdown of payment terms and installments

9. Existing Contracts: Copies of relevant service contracts, warranties, and guarantees

Authors

Alex Denne

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

Jurisdiction

Switzerland

Cost

Free to use
Relevant legal definitions









































Clauses









































Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Construction

Property Development

Property Management

Environmental Services

Professional Services

Public Sector

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Facilities Management

Corporate Development

Investment

Asset Management

Operations

Finance

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Property Developer

Investment Manager

Facility Manager

Real Estate Investment Director

Corporate Lawyer

Notary Public

Real Estate Transaction Manager

Risk Manager

Asset Manager

Real Estate Portfolio 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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