The Real Estate Pre Sale Agreement is a crucial document in Swiss property transactions, used when parties wish to formalize their commitment to a real estate sale before the final transfer of ownership. This agreement is particularly important in Switzerland due to the strict regulatory framework governing real estate transactions, including cantonal variations and federal regulations like the Lex Koller for foreign buyers. It typically precedes the final sale deed and includes essential elements such as property description, price, payment terms, conditions precedent, and completion requirements. The document must comply with Swiss formal requirements, often requiring notarization, and serves to protect both parties' interests while ensuring legal certainty in the transaction process.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable
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 real estate, including cadastral details, land registry information, and exact measurements
5. Purchase Price: Agreed purchase price, payment schedule, and method of payment
6. Deposit Terms: Amount of deposit, when it's due, and how it will be held
7. Conditions Precedent: Conditions that must be met before the sale becomes binding
8. Completion Requirements: Steps required to complete the transaction, including documentation and registrations
9. Seller's Warranties: Warranties regarding property title, condition, and encumbrances
10. Buyer's Warranties: Warranties regarding ability to purchase and comply with Swiss law
11. Transfer of Ownership: Process and timing for the transfer of legal title
12. Costs and Taxes: Allocation of transaction costs, taxes, and fees
13. Default and Termination: Consequences of breach and termination rights
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Foreign Buyer Provisions: Additional provisions required when the buyer is subject to Lex Koller restrictions
2. Mortgage Arrangements: Details of any mortgage financing arrangements, if applicable
3. Construction Completion: For properties under construction, specific provisions regarding completion and warranties
4. Tenant Rights: If the property is currently tenanted, provisions regarding existing tenancy agreements
5. Environmental Matters: Specific provisions dealing with environmental issues or contamination
6. Planning Permissions: Details of planning permissions and requirements if development is intended
7. Property Management: Interim property management arrangements between signing and completion
8. Insurance: Specific insurance requirements during the pre-completion period
1. Property Details: Detailed technical description, plans, and cadastral information
2. Title Documents: Copies of relevant land registry extracts and title documents
3. Property Inventory: List of fixtures, fittings, and contents included in the sale
4. Payment Schedule: Detailed breakdown of payment installments and timing
5. Due Diligence Reports: Technical, legal, and environmental survey reports
6. Existing Contracts: Details of service contracts, maintenance agreements, or tenancy agreements
7. Construction Plans: For properties under construction, detailed plans and specifications
8. Required Permits: Copies of relevant permits and authorizations
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Banking & Finance
Legal Services
Investment Management
Urban Development
Architecture & Design
Property Management
Relevant Teams
Legal
Real Estate
Compliance
Investment
Operations
Due Diligence
Property Management
Business Development
Risk Management
Finance
Relevant Roles
Real Estate Lawyer
Property Development Manager
Real Estate Investment Manager
Legal Counsel
Real Estate Agent
Property Surveyor
Compliance Officer
Real Estate Transaction Manager
Property Portfolio Manager
Real Estate Director
Chief Investment Officer
Real Estate Operations Manager
Contract Manager
Due Diligence Specialist
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