The Land Purchase Letter of Intent serves as a crucial preliminary step in Swiss real estate transactions, typically used when parties have reached initial understanding but require a formal framework for further negotiations and due diligence. This document is particularly important in Switzerland's complex real estate landscape, where cantonal variations in property law and strict regulations regarding foreign ownership (Lex Koller) must be considered. While non-binding in most aspects, it typically includes binding provisions for confidentiality and exclusivity periods. The document outlines key transaction elements including property description, proposed purchase price, timeline, and conditions, serving as a roadmap for the subsequent purchase agreement. It's especially valuable in complex commercial transactions where detailed due diligence and multiple stakeholder approvals are required.
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1. Identification of Parties: Full legal names and addresses of both the potential buyer and seller
2. Property Description: Detailed description of the property including address, land registry details, and current usage
3. Purchase Price: Proposed purchase price and any preliminary payment terms
4. Transaction Timeline: Proposed timeline for due diligence, negotiations, and completion of the final purchase agreement
5. Due Diligence: Outline of the due diligence process and access requirements
6. Exclusivity Period: Duration during which the seller agrees not to negotiate with other potential buyers
7. Confidentiality: Terms regarding the confidential treatment of information exchanged
8. Non-Binding Nature: Clear statement that the letter is non-binding except for specified provisions
9. Governing Law: Confirmation that Swiss law governs the letter
1. Deposit Terms: Include when parties agree to an initial deposit or earnest money
2. Broker Involvement: Include when real estate brokers are involved in the transaction
3. Lex Koller Compliance: Include when the potential buyer is a foreign person or entity
4. Conditions Precedent: Include when specific conditions must be met before proceeding with the transaction
5. Cost Allocation: Include when parties want to specify responsibility for costs during the preliminary phase
6. Break Fee: Include when parties agree to a fee if either party withdraws under specific circumstances
1. Property Details Schedule: Detailed description of the property including boundaries, fixtures, and current lease agreements
2. Initial Due Diligence Checklist: List of required documents and information for preliminary due diligence
3. Transaction Timeline: Detailed timeline with key milestones and deadlines
4. Price Calculation Appendix: Breakdown of the proposed purchase price and any adjustments
5. Required Approvals: List of necessary governmental or regulatory approvals
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