The Purchase Agreement For House For Sale By Owner is a crucial legal document used in Switzerland when a property owner wishes to sell their residential property directly to a buyer without the involvement of a real estate agency. This document must comply with strict Swiss legal requirements, including mandatory notarization and specific cantonal regulations. It serves to document all essential aspects of the property transaction, including detailed property description, purchase price, payment terms, transfer conditions, and respective obligations of both parties. The agreement must address specific Swiss legal considerations such as Lex Koller requirements for foreign buyers, cantonal property transfer taxes, and land registry requirements. This type of agreement is particularly important as it provides legal protection for both parties in a direct sale scenario and ensures compliance with all relevant Swiss property transfer regulations.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and citizenship status (relevant for Lex Koller compliance)
2. Background: Context of the sale and brief description of the property and transaction
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, deposit requirements, and escrow arrangements
6. Payment Terms: Schedule of payments, including deposit, balance, and any installment arrangements
7. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
9. Handover Conditions: Terms for physical possession transfer, including date and condition requirements
10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Signatures: Execution block for parties and notary authentication
1. Mortgage Arrangements: Details of existing mortgage discharge and new mortgage arrangements, used when property has existing mortgage
2. Tenant Rights: Information about existing tenancies and their treatment, used when property is currently leased
3. Construction Obligations: Details of any pending construction or renovation obligations, used for properties under development
4. Environmental Provisions: Specific provisions regarding environmental issues, used when property has known environmental concerns
5. Foreign Buyer Provisions: Additional provisions required for foreign buyers under Lex Koller, used when buyer is not Swiss resident
6. Furniture and Fixtures: List of included/excluded movable items, used when sale includes specific furniture or equipment
7. Condition Precedents: Specific conditions that must be met before completion, used when sale depends on particular circumstances
8. Right of First Refusal: Terms of any pre-emptive rights, used when such rights are granted
1. Property Plans: Official land registry plans and property boundaries
2. Title Documents: Current land registry extract and ownership documentation
3. Property Condition Report: Detailed assessment of property condition and any known defects
4. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable
5. Building Permits: Copies of relevant building permits and certificates
6. Energy Certificate: Current energy efficiency certification
7. Insurance Certificates: Current building insurance documentation
8. Utilities Documentation: Information about utility connections and recent bills
9. Property Photographs: Documentary photographs of property condition at time of agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Financial Services
Banking
Insurance
Property Development
Construction
Public Administration
Professional Services
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Finance
Risk Management
Administration
Operations
Documentation
Relevant Roles
Property Owner
Home Buyer
Notary Public
Legal Counsel
Real Estate Lawyer
Property Manager
Mortgage Advisor
Bank Manager
Insurance Agent
Tax Consultant
Land Registry Officer
Property Surveyor
Legal Administrator
Compliance Officer
Property Developer
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