The Commercial Real Estate Sale Agreement is a crucial legal document used in Switzerland for transferring ownership of commercial properties between parties. It is essential for businesses engaging in property acquisition or disposal, whether for investment, operational use, or development purposes. The agreement must comply with Swiss federal laws, including the Civil Code (ZGB) and Code of Obligations (OR), as well as specific cantonal requirements. It requires notarization and registration with the land registry (Grundbuch) to be legally valid. The document addresses key aspects such as property description, purchase price, warranties, due diligence findings, and completion requirements, while considering Swiss-specific regulations like Lex Koller for foreign buyers and cantonal property transfer taxes.
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1. Parties: Identification of seller and purchaser with full legal details as required under Swiss law
2. Background: Context of the transaction and brief description of the commercial property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the commercial property, including land registry details and exact measurements
5. Purchase Price: Purchase price, payment terms, and escrow arrangements
6. Due Diligence: Terms and conditions for property inspection and document review period
7. Conditions Precedent: Conditions that must be met before completion, including regulatory approvals
8. Completion: Process and requirements for closing the transaction, including notarization requirements
9. Seller's Warranties: Warranties regarding property title, condition, and compliance with laws
10. Property Transfer: Process for transferring title and registration in the land registry
11. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Notices: Process for formal communications between parties
14. General Provisions: Standard contractual provisions including severability and entire agreement
1. Tenant Rights: Required if the property is currently leased - addresses existing tenancy agreements and rights
2. Environmental Provisions: Detailed environmental warranties and indemnities for properties with potential contamination risks
3. Development Rights: Include when the property has unused development potential or pending permits
4. Foreign Investment Compliance: Required for foreign buyers - addressing Lex Koller compliance
5. Mortgage Arrangements: Include when the purchase involves assumption of existing mortgages or new financing
6. Asset Transfer Provisions: Required when the transaction includes business assets beyond real estate
7. Post-Completion Obligations: Include for phased handovers or when certain obligations continue post-completion
1. Property Plan: Official land registry plans and property boundaries
2. Title Documents: Current land registry extract and ownership history
3. Property Inventory: List of included fixtures, fittings, and equipment
4. Existing Leases: Copies of current lease agreements and tenant details
5. Technical Documentation: Building permits, certificates, and technical specifications
6. Environmental Reports: Environmental assessments and compliance certificates
7. Building Insurance: Current building insurance policies and claims history
8. Service Contracts: Ongoing service and maintenance contracts
9. Due Diligence Reports: Technical, legal, and financial due diligence reports
10. Payment Schedule: Detailed breakdown of payment terms and installments
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Construction
Retail
Hospitality
Industrial
Office Space
Logistics
Manufacturing
Banking and Finance
Insurance
Professional Services
Healthcare
Education
Relevant Teams
Legal
Real Estate
Finance
Compliance
Risk Management
Property Management
Corporate Development
Facilities Management
Investment
Operations
Tax
Business Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Corporate Lawyer
Real Estate Investment Manager
Facilities Manager
Development Director
Asset Manager
Transaction Manager
Risk Manager
Compliance Officer
Property Acquisitions Manager
Real Estate Portfolio Manager
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