A Letter of Intent to Sell Property is commonly used in Swiss real estate transactions as an initial step before entering into a binding property sale agreement. This document is particularly important in Switzerland due to the strict formal requirements for property transfers, where the final sale must be executed as a public deed. It typically precedes more detailed negotiations and due diligence processes, outlining key terms such as the proposed purchase price, property description, and timeline for the transaction. The document needs to carefully balance expressing serious intent while maintaining its non-binding nature for the main sale provisions, though certain elements like confidentiality may be binding. It's especially relevant when dealing with complex property transactions, foreign buyers (subject to Lex Koller regulations), or commercial real estate deals where detailed preliminary agreements are necessary.
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1. Date and Parties: Full legal names and addresses of both the potential seller and potential buyer
2. Property Description: Detailed description of the property including address, land register details, and current usage
3. Proposed Purchase Price: Intended purchase price and any preliminary payment terms
4. Transaction Timeline: Proposed timeline for due diligence, negotiations, and completion of the final sale
5. Key Terms: Outline of the main terms that would be included in the final purchase agreement
6. Non-Binding Nature: Clear statement that this is a non-binding letter of intent, except for any specific binding provisions
7. Confidentiality: Agreement to keep discussions and information confidential
8. Exclusivity Period: If applicable, period during which the seller won't negotiate with other parties
9. Signature Block: Space for signatures of both parties
1. Conditions Precedent: Any specific conditions that need to be met before proceeding with the transaction, use when there are particular requirements or contingencies
2. Due Diligence Access: Terms for allowing the potential buyer to conduct property inspections and review documents, include when significant due diligence is anticipated
3. Cost Allocation: How costs and expenses will be handled during the preliminary phase, include when significant pre-sale costs are expected
4. Broker Statement: Declaration of any real estate agents or brokers involved, include when brokers are part of the transaction
5. Foreign Investment Declaration: Statement regarding Lex Koller compliance, include when the potential buyer is a foreign national or entity
1. Property Details Schedule: Detailed description of the property including lot number, size, and any included fixtures or fittings
2. Initial Due Diligence Checklist: List of documents and information to be provided during the due diligence phase
3. Proposed Transaction Timeline: Detailed timeline with key milestones and deadlines
4. Current Encumbrances: List of existing mortgages, easements, or other encumbrances on the property
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking & Finance
Investment Management
Hospitality
Retail
Commercial Property
Residential Property
Industrial Property
Agriculture (for agricultural land)
Tourism & Leisure
Relevant Teams
Legal
Real Estate
Investment
Asset Management
Property Management
Acquisitions
Development
Compliance
Due Diligence
Finance
Commercial
Relevant Roles
Real Estate Manager
Property Developer
Investment Manager
Legal Counsel
Corporate Lawyer
Real Estate Agent
Property Manager
Asset Manager
Acquisition Manager
Development Director
Real Estate Investment Analyst
Portfolio Manager
Chief Investment Officer
Head of Real Estate
Transaction Manager
Compliance Officer
Due Diligence Specialist
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