The Deed of Sale for House and Lot is a crucial legal instrument in Swiss property transactions, required whenever residential property ownership is transferred. This document must be prepared in accordance with the Swiss Civil Code (ZGB) and the Code of Obligations (OR), requiring official notarization and subsequent registration in the cantonal land registry. It serves as the definitive record of property transfer, incorporating mandatory elements such as precise property description, purchase price, payment terms, and transfer conditions. The deed must address specific Swiss legal requirements including compliance with Lex Koller for foreign purchases, environmental regulations, and cantonal property transfer laws. It's particularly important that all declarations and warranties required under Swiss law are included to ensure the validity of the transfer.
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1. Parties: Detailed identification of the seller and buyer, including full names, addresses, and citizenship/residence status
2. Background: Context of the sale and brief property history
3. Definitions: Key terms used throughout the deed
4. Property Description: Detailed description of the property including land registry details, plot number, size, and boundaries
5. Purchase Price: Agreed purchase price and payment terms, including deposit and installment schedule if applicable
6. Transfer of Ownership: Conditions and timing of the property transfer, including registration requirements
7. Warranties and Representations: Seller's warranties regarding property condition, ownership, and encumbrances
8. Handover Conditions: Terms for physical possession transfer and utility readings
9. Taxes and Costs: Allocation of transfer taxes, notary fees, and registration costs
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
1. Mortgage Provisions: Used when existing mortgages need to be discharged or new mortgages arranged
2. Tenant Provisions: Required when the property is currently leased to tenants
3. Foreign Ownership Compliance: Needed when buyer is a foreign national, addressing Lex Koller requirements
4. Environmental Compliance: Required for properties with specific environmental considerations or requirements
5. Renovation Agreements: Used when specific renovations are agreed as part of the sale
6. Easements and Rights of Way: Included when specific access rights or restrictions need to be documented
7. Second Home Compliance: Required for properties in areas subject to second home restrictions
1. Land Registry Extract: Official extract showing current ownership and encumbrances
2. Property Plans: Official cadastral plans and building plans
3. Inventory List: List of fixtures, fittings, and items included in the sale
4. Building Inspection Report: Technical assessment of property condition
5. Energy Performance Certificate: Mandatory energy efficiency documentation
6. Insurance Certificates: Current building insurance documentation
7. Property Tax Assessment: Recent property tax evaluation and payment status
8. Utilities Documentation: Recent utility bills and connection certificates
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Relevant Teams
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