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Real Estate Purchase Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that formalizes the transfer of real estate property from a seller to a buyer. The agreement complies with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements, including mandatory notarization provisions. It details the property specifications, purchase price, payment terms, transfer conditions, and respective obligations of the parties. The document incorporates specific Swiss legal requirements such as land registry regulations and, where applicable, Lex Koller provisions for foreign buyers. It includes provisions for due diligence, warranties, and the formal closing process required under Swiss law.

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What is a Real Estate Purchase Agreement?

The Real Estate Purchase Agreement is a fundamental legal document used in Switzerland for property transactions between buyers and sellers. It must comply with strict Swiss legal requirements, including mandatory notarization and registration in the land registry (Grundbuch). The agreement is essential for both residential and commercial property transactions and must address specific Swiss legal considerations such as transfer taxes, formal requirements under the Swiss Civil Code and Code of Obligations, and where applicable, restrictions on foreign ownership under Lex Koller. The document serves as the primary instrument for transferring property ownership and typically includes detailed property descriptions, price and payment terms, warranties, and closing conditions. It's particularly important to note that unlike some other jurisdictions, Swiss law requires the involvement of a notary public for real estate transfers to be legally valid.

What sections should be included in a Real Estate Purchase Agreement?

1. Parties: Identification of the seller and purchaser with full legal names, addresses, and any registration details for legal entities

2. Background: Context of the transaction and brief description of the property

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, plot number, address, and exact measurements

5. Purchase Price: Agreed purchase price and currency

6. Payment Terms: Structure and timing of payments, including deposit and final payment details

7. Transfer of Ownership: Process and conditions for transferring property title

8. Representations and Warranties: Seller's declarations about the property's condition, encumbrances, and legal status

9. Due Diligence: Buyer's inspection rights and related procedures

10. Closing Conditions: Prerequisites for completing the transaction

11. Closing Process: Steps for completion of the transaction, including notarization requirements

12. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

What sections are optional to include in a Real Estate Purchase Agreement?

1. Mortgage Arrangements: Include when the purchase involves mortgage financing or assumption of existing mortgages

2. Tenant Rights: Include when the property is subject to existing lease agreements

3. Foreign Ownership Compliance: Include when the buyer is a foreign national or entity, addressing Lex Koller requirements

4. Environmental Provisions: Include when environmental issues or contamination are known or suspected

5. Construction/Renovation Requirements: Include when the property requires specific works or is under construction

6. Agricultural Land Provisions: Include when the property includes agricultural land subject to special regulations

7. Easements and Rights of Way: Include when specific easements or rights of way affect the property

8. Property Management Transition: Include when the property involves ongoing management services

What schedules should be included in a Real Estate Purchase Agreement?

1. Property Plans: Official land registry plans and property boundaries

2. Title Documentation: Current land registry extract and ownership history

3. Property Inventory: List of fixtures, fittings, and other items included in the sale

4. Existing Encumbrances: Details of mortgages, easements, or other registered charges

5. Due Diligence Reports: Technical, environmental, and legal inspection reports

6. Existing Contracts: Copies of relevant service contracts, warranties, or lease agreements

7. Payment Schedule: Detailed breakdown of payment installments and timing

8. Completion Checklist: List of documents and actions required for closing

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Document Type

Agreement Contract

Cost

Free to use

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