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Home Loan Contract Template for Switzerland

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Key Requirements PROMPT example:

Home Loan Contract

"I need a Home Loan Contract for a CHF 800,000 mortgage on a newly built apartment in Zurich, with a fixed interest rate for the first 5 years starting March 2025, including provisions for rental of the property during summer months."

Document background
The Home Loan Contract serves as the primary legal instrument for residential property financing in Switzerland. It is used when an individual or entity seeks to obtain financing for purchasing, refinancing, or constructing residential property. The document must comply with strict Swiss banking regulations, including FINMA requirements for mortgage lending, consumer protection laws, and property law requirements. This agreement typically includes detailed provisions about the loan amount, interest calculations, repayment schedules, property security arrangements, borrower obligations, and default consequences. It is essential for establishing the legal framework of the lending relationship and protecting both the lender's security interest and the borrower's rights under Swiss law.
Suggested Sections

1. Parties: Identification of the lender (bank) and borrower(s), including full legal names, addresses, and any registration numbers

2. Background: Context of the loan agreement, including property details and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the total loan amount and confirmation of its purpose as a home loan

5. Interest Rate and Calculations: Details of the applicable interest rate (fixed or variable), calculation method, and adjustment mechanisms

6. Term and Repayment: Duration of the loan and repayment schedule, including amortization requirements

7. Security: Details of the mortgage security over the property, including ranking and registration requirements

8. Property Details: Comprehensive description of the mortgaged property and its current usage

9. Borrower's Representations: Warranties and representations made by the borrower regarding their financial situation and the property

10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and payment of taxes

11. Events of Default: Circumstances constituting default and the lender's rights in such events

12. Costs and Fees: All applicable fees, charges, and costs associated with the loan

13. Notices: Communication requirements and contact details for official notices

14. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Insurance Requirements: Detailed insurance requirements beyond the standard property insurance, used when specific additional coverage is required

2. Co-borrower Provisions: Additional provisions when there are multiple borrowers for the same property

3. Construction Provisions: Special provisions for properties under construction or requiring renovation

4. Prepayment Terms: Specific terms for early repayment, used when standard prepayment terms are modified

5. Foreign Currency Provisions: Additional provisions for loans involving foreign currency considerations

6. Rental Restrictions: Specific provisions regarding property rental, used when the lender imposes rental restrictions

7. Change of Purpose: Provisions regarding change in property use, relevant for mixed-use properties

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property, including land registry details

2. Schedule 2 - Repayment Schedule: Detailed amortization schedule showing principal and interest payments

3. Schedule 3 - Fee Schedule: Comprehensive list of all applicable fees and charges

4. Schedule 4 - Insurance Requirements: Detailed specifications for required insurance coverage

5. Appendix A - Property Valuation: Official property valuation report

6. Appendix B - Building Insurance Certificate: Copy of the building insurance certificate

7. Appendix C - Land Registry Extract: Current extract from the land registry

8. Appendix D - Payment Instructions: Bank account details and payment procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























































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Relevant Industries

Banking

Real Estate

Financial Services

Insurance

Legal Services

Construction

Property Development

Mortgage Broking

Wealth Management

Relevant Teams

Legal

Compliance

Credit Risk

Mortgage Operations

Customer Relations

Documentation

Underwriting

Property Valuation

Risk Management

Client Advisory

Real Estate Finance

Relevant Roles

Mortgage Advisor

Loan Officer

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Property Valuer

Relationship Manager

Banking Operations Manager

Mortgage Underwriter

Real Estate Agent

Financial Advisor

Branch Manager

Documentation Specialist

Credit Risk Analyst

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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