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Letter Of Intent To Buy Property for Switzerland

Letter Of Intent To Buy Property Template for Switzerland

A Letter of Intent to Buy Property under Swiss law is a preliminary document that outlines the key terms and conditions for a proposed property purchase transaction. This document, while generally non-binding except for specific provisions such as confidentiality and exclusivity, serves as a framework for the final purchase agreement. It addresses crucial elements including property details, proposed purchase price, due diligence requirements, and timeline for completion, while considering Swiss-specific requirements such as cantonal property laws and Lex Koller restrictions for foreign buyers. The document must comply with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements, while respecting cantonal variations in property transfer regulations.

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Letter Of Intent To Buy Property

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What is a Letter Of Intent To Buy Property?

A Letter Of Intent To Buy Property is a crucial preliminary document used in Swiss real estate transactions to establish the framework for property purchase negotiations. It is typically used when parties have reached initial agreement on key terms but need to formalize their intentions before proceeding with detailed due diligence and final contract preparation. The document includes essential elements such as property identification, proposed purchase price, timeline, and any conditions precedent, while considering Swiss-specific requirements including cantonal property laws and Lex Koller restrictions for foreign buyers. While generally non-binding, certain provisions like confidentiality and exclusivity can be made binding. This document serves as a roadmap for the transaction and demonstrates serious intent to proceed, while allowing parties to address key issues before incurring the significant costs associated with full contract preparation and due diligence.

What sections should be included in a Letter Of Intent To Buy Property?

1. Date and Parties: Names and addresses of the potential buyer and seller, including their complete contact details

2. Property Details: Precise description of the property including address, land registry details, and key characteristics

3. Purchase Price: Proposed purchase price and any conditions related to price adjustments or payment terms

4. Key Terms: Essential elements of the proposed transaction including expected closing date and major conditions

5. Due Diligence: Outline of the buyer's right to conduct property inspections and review relevant documentation

6. Exclusivity Period: Timeframe during which the seller agrees not to negotiate with other potential buyers

7. Confidentiality: Agreement to keep negotiations and property information confidential

8. Non-Binding Nature: Clear statement that the letter is non-binding except for specific provisions (like confidentiality)

9. Timeline: Proposed schedule for negotiations, due diligence, and completion of the final purchase agreement

10. Signatures: Space for both parties to sign and date the letter

What sections are optional to include in a Letter Of Intent To Buy Property?

1. Financing Conditions: Include when buyer's ability to purchase is subject to obtaining financing

2. Lex Koller Declaration: Required when the potential buyer is a foreign national or foreign-controlled entity

3. Property Usage Intentions: Include when specific intended use of property needs to be highlighted or may affect the transaction

4. Break Fee: Include when parties agree to a fee payable if either party withdraws from negotiations without justified cause

5. Existing Tenancies: Include when property has current tenants and their rights need to be addressed

6. Special Conditions: Any unique requirements or conditions specific to the property or transaction

What schedules should be included in a Letter Of Intent To Buy Property?

1. Property Description Schedule: Detailed description of the property including boundaries, fixtures, and fittings

2. Preliminary Due Diligence Checklist: List of documents and information required for due diligence

3. Proposed Timeline: Detailed timeline of key dates and milestones for the transaction

4. Property Plans: Relevant property plans, layouts or land registry extracts

Authors

Alex Denne

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

Jurisdiction

Switzerland

Cost

Free to use
Relevant legal definitions























Clauses























Relevant Industries

Real Estate

Banking & Finance

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Business Development

Relevant Roles

Real Estate Director

Property Acquisition Manager

Legal Counsel

Chief Financial Officer

Investment Manager

Real Estate Agent

Property Developer

Asset Manager

Facilities Manager

Development Director

Transaction Manager

Corporate Real Estate Manager

Real Estate Investment Analyst

Property Portfolio Manager

Compliance Officer

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