The Home For Sale By Owner Contract is essential for private property transactions in Switzerland where the parties choose to conduct the sale without a real estate agent's involvement. This document becomes necessary when a property owner wishes to sell their residential property directly to a buyer, requiring compliance with Swiss federal and cantonal laws. The contract must address specific Swiss legal requirements including mandatory notarization, land registry registration, and cantonal property transfer taxes. It includes critical information about the property, parties involved, purchase price, payment terms, transfer conditions, and warranties. The document must conform to the Swiss Civil Code (ZGB) and Code of Obligations (OR), particularly regarding property transfer regulations and formal requirements. It's designed to protect both parties' interests while ensuring the transaction meets all legal and regulatory requirements specific to the Swiss property market.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and identification numbers
2. Background: Brief context of the sale and confirmation that the seller owns the property
3. Definitions: Key terms used throughout the agreement including Property, Closing Date, Purchase Price, etc.
4. Property Description: Detailed description of the property including address, land registry details, and cadastral number
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Schedule of payments, including deposit, down payment, and final payment details
7. Closing Date and Transfer: Specified date for completion of the sale and property transfer process
8. Property Condition: Current state of the property, including any known defects or issues
9. Seller's Representations: Warranties regarding property ownership, absence of encumbrances, and other legal assurances
10. Buyer's Acknowledgments: Confirmation of property inspection and acceptance of condition
11. Costs and Taxes: Distribution of transaction costs, transfer taxes, and notary fees
12. Risk Transfer: Point at which risk and insurance responsibility transfers to the buyer
13. Governing Law: Confirmation of Swiss law application and jurisdiction
14. Notarization: Acknowledgment of requirement for notarial authentication
1. Mortgage Assumption: Terms for assuming existing mortgage, if applicable
2. Furniture and Fixtures: List of movable items included or excluded from the sale
3. Tenant Rights: Details of existing tenancy agreements if property is currently rented
4. Environmental Provisions: Special clauses regarding environmental issues if property has known concerns
5. Agricultural Land Provisions: Special provisions required for agricultural land under Swiss law
6. Foreign Buyer Provisions: Additional requirements if buyer is subject to Lex Koller
7. Renovation Agreement: Terms for any agreed renovations to be completed before closing
8. Parking and Storage: Details of parking spaces or storage units included in sale
9. Building Permits: Information about pending or approved building permits
1. Property Floor Plan: Detailed floor plan and property measurements
2. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)
3. Property Photographs: Current dated photographs of the property
4. Inventory List: Detailed list of included fixtures, fittings, and furniture
5. Building Insurance Certificate: Current building insurance documentation
6. Energy Performance Certificate: Energy efficiency rating and certification
7. Property Tax Assessment: Recent property tax assessment documents
8. Building Inspection Report: Technical inspection report if conducted
9. Mortgage Documentation: Details of existing mortgage if relevant to the sale
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Financial Services
Construction
Property Development
Insurance
Banking
Public Administration
Professional Services
Relevant Teams
Legal
Real Estate
Property Management
Financial Advisory
Compliance
Risk Management
Documentation
Administrative Support
Customer Relations
Tax Advisory
Relevant Roles
Property Owner
Home Buyer
Legal Counsel
Notary Public
Property Lawyer
Mortgage Advisor
Tax Consultant
Property Surveyor
Building Inspector
Land Registry Official
Real Estate Consultant
Financial Advisor
Property Manager
Legal Administrator
Compliance Officer
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