The Property Purchase Agreement Form is a crucial legal document used in Swiss real estate transactions to formalize the transfer of property ownership. It serves as the primary contract between buyers and sellers, whether individuals or corporate entities, and must comply with strict Swiss legal requirements, including cantonal notarization rules. This document is essential when purchasing any type of real property in Switzerland, from residential homes to commercial buildings. It includes detailed provisions covering property description, purchase price, payment terms, warranties, and transfer conditions, all aligned with the Swiss Civil Code and Code of Obligations. Special considerations may apply for foreign buyers under Lex Koller regulations. The agreement must be properly executed and registered with the land registry to effect valid transfer of ownership.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and any relevant registration numbers
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot number, size, and exact location
5. Purchase Price: Agreed purchase price, payment terms, and schedule of payments
6. Payment Terms and Financing: Details of how and when payments will be made, including any mortgage arrangements
7. Transfer of Ownership: Conditions and process for transferring property ownership via the land registry
8. Representations and Warranties: Seller's declarations regarding property condition, ownership, and absence of encumbrances
9. Handover Conditions: Terms and timing of property possession transfer
10. Costs and Taxes: Allocation of notary fees, land registry costs, transfer taxes, and other transaction expenses
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
1. Mortgage Assumption: Terms for buyer's assumption of existing mortgage, if applicable
2. Foreign Buyer Provisions: Additional provisions required when buyer is subject to Lex Koller
3. Tenant Provisions: Details regarding existing tenancy agreements if property is currently rented
4. Defects Liability: Special provisions regarding known defects or potential issues
5. Construction Obligations: Requirements for incomplete properties or planned renovations
6. Environmental Provisions: Special terms regarding environmental issues or contamination
7. Right of First Refusal: Terms of any pre-emptive rights granted to either party
8. Insurance: Provisions regarding transfer of insurance policies or requirements for new coverage
1. Property Details Schedule: Detailed technical description of the property, including exact measurements and boundaries
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Payment Schedule: Detailed breakdown of payment installments and timing
4. Inventory Schedule: List of included fixtures, fittings, and movable items
5. Property Condition Report: Technical assessment of property condition and any identified defects
6. Building Permits: Copies of relevant building permits and certificates
7. Property Plans: Official floor plans and site plans
8. Energy Certificate: Current energy performance certificate for the property
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