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The Pre-Sale Agreement serves as a crucial legal instrument in Swiss property development and real estate transactions, particularly when selling properties that are yet to be constructed or are under construction. This document is essential when developers seek to secure buyers and funding before project completion, providing a legally binding framework under Swiss law for the future transfer of property. The agreement typically includes detailed specifications of the property, construction timelines, payment schedules, and quality standards, while ensuring compliance with Swiss federal and cantonal property laws. It protects both the developer's interests in securing sales and the buyer's interests in ensuring proper delivery of the promised property. The document is particularly relevant for residential and commercial property developments, requiring careful consideration of Swiss construction standards, property transfer regulations, and consumer protection laws.

1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, including brief description of the property and purpose of the pre-sale agreement

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Property Description: Detailed description of the property including address, land registry details, and specifications of the planned construction

5. Purchase Price and Payment Terms: Total purchase price, payment schedule, deposit requirements, and payment methods

6. Construction and Completion: Timeline for construction, completion dates, and quality standards

7. Conditions Precedent: Prerequisites that must be fulfilled before the agreement becomes fully effective

8. Seller's Obligations: Responsibilities of the seller including construction, permits, and warranties

9. Buyer's Obligations: Responsibilities of the buyer including payments and cooperation requirements

10. Representations and Warranties: Statements of fact and guarantees by both parties

11. Risk and Insurance: Allocation of risks during construction and insurance requirements

12. Default and Remedies: Consequences of breach and available remedies for both parties

13. Termination: Circumstances under which the agreement can be terminated and consequences

14. Notices: Communication requirements and contact details for official notices

15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments