The Pre-Sale Contract is a crucial document in Swiss property transactions, typically used when parties wish to formalize their commitment to a future sale while certain conditions or requirements are still being fulfilled. This document is particularly relevant in real estate developments, off-plan purchases, or complex property transactions where the final sale cannot be immediately completed. It must comply with Swiss federal and cantonal laws, including the Swiss Code of Obligations and, where applicable, the Lex Koller for foreign buyers. The contract typically includes detailed provisions about the property, price, payment terms, conditions precedent, warranties, and completion requirements. It serves as a legally binding commitment while protecting both parties' interests during the interim period before the final sale.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement
4. Object of Sale: Detailed description of the property or asset being sold, including all relevant specifications and current state
5. Purchase Price: The agreed purchase price, payment schedule, and payment method
6. Deposit: Details of any required deposit, including amount, payment timing, and holding arrangements
7. Conditions Precedent: Conditions that must be fulfilled before the final sale can proceed
8. Completion: Process and requirements for completing the final sale
9. Seller's Warranties: Warranties regarding the property's condition, ownership, and any encumbrances
10. Buyer's Warranties: Warranties regarding the buyer's capacity and ability to complete the purchase
11. Default and Termination: Consequences of breach and conditions for termination
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Notices: How formal communications between parties should be made
14. Execution: Signature blocks and execution requirements
1. Financing Arrangements: Include when buyer requires specific financing arrangements or when payment is structured in installments
2. Construction Specifications: Include for off-plan properties or properties under construction
3. Lex Koller Compliance: Include when the buyer is a foreign person or entity
4. Property Management: Include when the property requires interim management between contract signing and completion
5. Environmental Provisions: Include when environmental issues or certifications are relevant
6. Tenant Rights: Include when the property is currently leased
7. Development Rights: Include when future development rights are part of the sale
8. Third Party Rights: Include when there are existing rights or easements affecting the property
1. Property Details: Detailed description of the property including plans, boundaries, and specifications
2. Title Documents: Copies of relevant title documents and land registry extracts
3. Payment Schedule: Detailed breakdown of payment installments and timing
4. Due Diligence Results: Summary of any due diligence findings and reports
5. Building Permits: Copies of relevant building permits and certificates
6. Property Photographs: Current photographs of the property
7. Existing Contracts: Details of any relevant existing contracts affecting the property
8. Construction Timeline: For properties under construction, detailed timeline of completion stages
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