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Home Contract for Switzerland

Home Contract Template for Switzerland

A Swiss home contract is a legally binding agreement governing the sale and purchase of residential property in Switzerland. This document adheres to Swiss federal law, particularly the Swiss Code of Obligations and relevant cantonal regulations. It encompasses all essential elements of the property transaction, including detailed property description, purchase price, payment terms, transfer of ownership conditions, and respective obligations of the parties. The contract must be notarized in accordance with Swiss legal requirements and includes provisions for property transfer, warranties, and compliance with local property regulations.

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What is a Home Contract?

The Home Contract serves as the primary legal instrument for residential property transactions in Switzerland. It is used when transferring ownership of houses, apartments, or other residential properties, ensuring compliance with Swiss federal laws, including the Code of Obligations and cantonal requirements. This document is essential for both private and commercial transactions, incorporating mandatory elements such as property details, payment terms, and ownership transfer procedures. The contract must be notarized and typically includes provisions addressing specific Swiss regulations, such as Lex Koller for foreign buyers and cantonal property transfer requirements. It forms the foundation of the property transfer process and should be carefully reviewed by all parties and their legal representatives before execution.

What sections should be included in a Home Contract?

1. Parties: Identification and details of the buyer and seller, including full legal names, addresses, and if applicable, corporate details

2. Background: Context of the transaction and brief description of the property

3. Definitions: Key terms used throughout the contract

4. Property Description: Detailed description of the property including address, land register details, and cadastral information

5. Purchase Price: The agreed purchase price and payment terms, including deposit arrangements

6. Payment Structure: Details of how and when payments will be made, including any mortgage arrangements

7. Transfer of Ownership: Process and conditions for transferring property ownership

8. Warranties and Representations: Seller's warranties regarding the property's condition and legal status

9. Handover Process: Terms and process for the physical handover of the property

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

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

12. Signatures: Execution block for all parties

What sections are optional to include in a Home Contract?

1. Mortgage Arrangements: Required when the purchase involves mortgage financing, detailing the coordination with lenders

2. Property Management: Needed for properties in multi-unit buildings or developments with shared facilities

3. Renovation Agreements: Include when specific renovations are agreed to be completed before or after the sale

4. Tenant Provisions: Required when the property is sold with existing tenants

5. Lex Koller Compliance: Required when the buyer is a foreign national, addressing compliance with foreign ownership restrictions

6. Construction Obligations: Needed for properties under construction or requiring specific works

7. Environmental Provisions: Required when the property has specific environmental considerations or obligations

8. Rights of First Refusal: Include when parties agree to future purchase rights or restrictions

What schedules should be included in a Home Contract?

1. Property Plans: Official floor plans and property boundaries from the land registry

2. Land Register Extract: Current extract from the land register showing ownership and encumbrances

3. Inventory List: Detailed list of fixtures, fittings, and any included furniture

4. Building Insurance Certificate: Current building insurance details and coverage

5. Energy Performance Certificate: Official energy efficiency rating and assessment

6. Property Condition Report: Detailed assessment of the property's current condition

7. Building Regulations: Applicable building regulations and restrictions

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

9. Existing Contracts: Copies of relevant ongoing contracts (maintenance, utilities, etc.)

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

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Property Development

Construction

Property Management

Investment & Asset Management

Professional Services

Notarial Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Investment

Contract Administration

Risk Management

Property Development

Documentation

Relevant Roles

Real Estate Agent

Property Lawyer

Notary Public

Legal Counsel

Property Manager

Mortgage Advisor

Real Estate Investment Manager

Property Development Manager

Compliance Officer

Contract Manager

Real Estate Portfolio Manager

Property Valuation Specialist

Real Estate Transaction Manager

Legal Administrator

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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