The Deed of Sale of Inherited Property is a crucial document used in Switzerland when heirs wish to sell real estate they have inherited. This document type combines elements of both inheritance and property law, requiring careful attention to Swiss legal requirements and formalities. It is used specifically when inherited property is being sold to a third party, rather than being distributed among heirs. The deed must be notarized and registered with the Swiss land registry (Grundbuch) to be legally valid. It includes comprehensive details about the inheritance basis (such as reference to the death certificate and inheritance certificate), property specifications, all heirs' consent, purchase price, and transfer conditions. The document must comply with both federal Swiss law and specific cantonal requirements, particularly regarding property transfer and inheritance matters. It's essential for ensuring a legally sound transfer of inherited property while protecting the interests of all parties involved.
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1. Parties: Identification of all sellers (heirs) and the buyer(s), including full legal names, addresses, and citizenship/residency status
2. Background: Details of the inheritance including reference to death certificate, inheritance certificate, and basis of heir status
3. Definitions: Key terms used throughout the deed, including property definitions, inheritance terms, and relevant legal concepts
4. Property Details: Comprehensive description of the property including land registry details, boundaries, and all fixtures and fittings included
5. Declaration of Inheritance: Formal declaration confirming the sellers' inheritance rights and authority to sell
6. Purchase Price: Agreed purchase price, payment terms, and payment schedule
7. Transfer of Ownership: Terms and conditions for the transfer of property ownership
8. Representations and Warranties: Sellers' warranties regarding inheritance rights, property condition, and absence of encumbrances
9. Costs and Taxes: Allocation of transfer costs, taxes, and administrative fees
10. Registration and Notarization: Requirements and procedures for land registry registration and notarial authentication
11. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Mortgage Details: Required if there are existing mortgages to be discharged or new mortgages to be registered
2. Co-heir Agreement: Required when multiple heirs are involved and specific arrangements between them need to be documented
3. Foreign Buyer Provisions: Required when the buyer is foreign, addressing Lex Koller requirements
4. Tenant Provisions: Required if the property is currently leased to tenants
5. Environmental Declarations: Required if the property has known environmental issues or contamination
6. Construction/Renovation Provisions: Required if there are ongoing or planned construction works
7. Right of First Refusal: Required if any parties retain future purchase rights
1. Property Description Schedule: Detailed technical description of the property, including plans and cadastral details
2. Inheritance Documentation: Copies of death certificate, inheritance certificate, and other relevant inheritance documents
3. Property Title Documents: Extract from the land registry and historical title documentation
4. Inventory Schedule: List of fixtures, fittings, and other items included in the sale
5. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
6. Land Registry Forms: Required forms for registration of the transfer
7. Tax Clearance Certificates: Documentation showing all property and inheritance taxes are paid
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