The Legal Real Estate Contract is a fundamental document in Swiss property transactions, essential for transferring ownership of real estate assets in Switzerland. It must be executed in accordance with strict Swiss legal requirements, including mandatory notarization and registration in the land registry (Grundbuch). This document is used whenever real estate is bought or sold in Switzerland, whether between private individuals, companies, or a combination thereof. The contract must address various aspects including property description, purchase price, payment terms, warranties, and transfer conditions, while ensuring compliance with federal laws such as the Swiss Civil Code and Code of Obligations, as well as relevant cantonal regulations. Special considerations may apply for foreign buyers (Lex Koller), agricultural land (BGBB), or properties in tourist areas (Second Homes Act).
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the transaction and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the real estate including land registry details, plot number, size, and address
5. Purchase Price: Agreed purchase price and payment terms including installment schedule if applicable
6. Payment Terms: Details of how and when payments will be made, including escrow arrangements
7. Transfer of Ownership: Process and timing of the property transfer and registration in the land registry
8. Warranties and Representations: Seller's warranties regarding property condition, ownership, and encumbrances
9. Handover: Timing and conditions for physical possession 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. Execution: Signature requirements and notarization provisions
1. Mortgage Arrangements: Include when there is existing mortgage to be discharged or new mortgage financing
2. Tenant Provisions: Include when property is subject to existing tenancies
3. Construction Obligations: Include for properties under construction or requiring specific renovations
4. Environmental Provisions: Include when environmental issues or contamination are known
5. Foreign Ownership Compliance: Include when buyer is foreign national (Lex Koller compliance)
6. Agricultural Land Provisions: Include when property includes agricultural land (BGBB compliance)
7. Second Home Provisions: Include when property is in area subject to Second Homes Act
8. Condition Precedents: Include when completion is subject to specific conditions being met
1. Property Details: Detailed technical description, including plot plans and land registry excerpts
2. Title Documents: Copies of relevant land registry entries and ownership history
3. Inventory: List of fixtures, fittings, and any movable property included in sale
4. Building Documentation: Building permits, certificates, and technical reports
5. Environmental Reports: Any environmental assessments or contamination reports
6. Existing Contracts: Copies of relevant contracts affecting the property (leases, maintenance)
7. Payment Schedule: Detailed breakdown of payment installments and timing
8. Property Rules: Any applicable building rules, easements, or restrictions
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Construction
Property Development
Property Management
Investment Management
Environmental Services
Insurance
Public Administration
Agriculture (for rural properties)
Tourism (for holiday properties)
Relevant Teams
Legal
Real Estate
Compliance
Investment
Asset Management
Risk Management
Property Development
Operations
Finance
Due Diligence
Valuations
Transaction Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Investment Manager
Property Developer
Asset Manager
Notary Public
Land Registry Officer
Real Estate Investment Analyst
Property Valuation Specialist
Transaction Manager
Due Diligence Officer
Risk Manager
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