The Property Agreement under Swiss law serves as the primary legal instrument for real estate transactions in Switzerland, whether for residential, commercial, or industrial properties. This document is essential when transferring property ownership and must comply with strict Swiss federal and cantonal regulations. It is used for various types of real estate transactions, from simple residential transfers to complex commercial property deals. The agreement must address specific Swiss legal requirements, including mandatory notarization, land registry procedures, and compliance with foreign ownership restrictions (Lex Koller) where applicable. The document typically incorporates local cantonal requirements and can be drafted in any of Switzerland's official languages depending on the canton. It includes comprehensive details about the property, parties involved, financial terms, warranties, and specific Swiss property law provisions, making it suitable for both domestic and international transactions while ensuring compliance with Swiss property law.
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1. Parties: Identification of all parties involved, including full legal names, addresses, and registration details for legal entities
2. Background: Context of the agreement and brief history of the property transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot number, and exact measurements as per Swiss cadastral survey
5. Purchase Price and Payment Terms: Details of the purchase price, payment schedule, and payment methods in compliance with Swiss banking regulations
6. Transfer of Ownership: Provisions regarding the transfer of title and registration in the land registry (Grundbuch)
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and compliance with Swiss law
8. Due Diligence: Buyer's investigation rights and seller's disclosure obligations
9. Costs and Taxes: Allocation of notary fees, land registry costs, and property transfer taxes
10. Notarization: Provisions for official notarization as required under Swiss law
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Signature requirements and execution formalities
1. Mortgage Provisions: Include when the purchase involves mortgage financing, detailing the coordination with Swiss banks and mortgage requirements
2. Lex Koller Compliance: Required when the buyer is a foreign national or entity, addressing compliance with Swiss foreign ownership restrictions
3. Tenant Rights: Include when the property is sold with existing tenants, addressing Swiss tenant protection laws
4. Construction/Renovation: Include for properties under construction or requiring renovation, detailing permits and compliance requirements
5. Environmental Provisions: Include when environmental issues are present or for properties in environmentally sensitive areas
6. Easements and Servitudes: Include when specific rights of way or other easements affect the property
7. Condominium Rules: Include for apartment or multi-unit property sales, incorporating relevant building regulations
8. Agricultural Land Provisions: Required when the property includes agricultural land, addressing specific Swiss farming right regulations
1. Property Plans: Official cadastral plans and property boundaries from Swiss land registry
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Property Condition Report: Technical assessment of the property's condition
4. Environmental Reports: Any environmental assessments or contamination reports
5. Building Permits: Copies of existing building permits and certificates
6. Inventory List: List of included fixtures, fittings, and equipment
7. Insurance Certificates: Current building insurance documentation
8. Energy Performance Certificate: Property energy efficiency rating and certification
9. Payment Schedule: Detailed schedule of payment installments and deadlines
10. Existing Contracts: Copies of relevant service contracts, maintenance agreements, or tenant leases
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