The Land Sale Contract is a fundamental legal instrument used in Swiss real estate transactions to facilitate and document the transfer of property ownership. It must be executed in accordance with Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). This document is essential whenever real property is being transferred between parties in Switzerland, whether for residential, commercial, or industrial purposes. The contract must be notarized and requires registration with the land registry to effect the transfer of ownership. It includes crucial information about the property, parties involved, purchase price, payment terms, warranties, and specific conditions of the sale. Special considerations may apply depending on the property type, buyer's nationality (Lex Koller requirements), and cantonal regulations.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the contract
4. Property Description: Detailed description of the property including land registry details, plot number, size, and exact location
5. Purchase Price: Agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership
7. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and condition
8. Taxes and Costs: Allocation of transfer taxes, notary fees, and registration costs
9. Possession and Risk: Date of transfer of possession and assumption of risk
10. Land Registry Registration: Process and obligations regarding land registry entry
11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge or transfer
2. Environmental Provisions: Specific provisions regarding environmental issues if property has known environmental concerns
3. Construction Obligations: Used when the property includes incomplete construction or requires specific development
4. Tenant Provisions: Required if the property is currently leased to tenants
5. Foreign Buyer Provisions: Required when buyer is foreign, addressing Lex Koller requirements
6. Easements and Servitudes: Detailed section on existing rights of way or other easements if applicable
7. Condition Precedents: Any conditions that must be met before completion
8. Agricultural Land Provisions: Special provisions required for agricultural land sales
1. Property Plan: Official cadastral survey plan and property boundaries
2. Land Registry Extract: Current extract from the land registry
3. Property Inspection Report: Technical report on property condition if commissioned
4. Existing Encumbrances: List and details of any existing encumbrances, easements, or restrictions
5. Payment Schedule: Detailed schedule of payment installments if applicable
6. Insurance Certificates: Current building and liability insurance certificates
7. Environmental Reports: Any environmental assessment reports or certificates
8. Building Permits: Copies of existing building permits and certificates of compliance
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Agriculture
Hospitality
Retail
Industrial
Commercial Property
Residential Property
Banking and Finance
Legal Services
Environmental Services
Public Sector
Relevant Teams
Legal
Real Estate
Compliance
Finance
Property Management
Business Development
Risk Management
Corporate Services
Environmental
Facilities Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Developer
Compliance Officer
Legal Counsel
Notary Public
Real Estate Agent
Property Surveyor
Financial Director
Investment Manager
Corporate Counsel
Land Registry Officer
Transaction Manager
Development Director
Environmental Consultant
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