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Residential Mortgage Contract for Switzerland

Residential Mortgage Contract Template for Switzerland

A Swiss residential mortgage contract is a legally binding agreement between a financial institution and a borrower for the purpose of financing residential property in Switzerland. The document is governed by Swiss federal law, particularly the Swiss Civil Code and Code of Obligations, and must comply with FINMA banking regulations. It details the terms of the mortgage loan, including the loan amount, interest rates, repayment terms, security arrangements, and the specific obligations of both parties. The contract must be executed in accordance with Swiss formal requirements, often requiring notarization, and includes provisions for property registration in the Swiss land registry system.

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Residential Mortgage Contract

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What is a Residential Mortgage Contract?

The Residential Mortgage Contract is a fundamental document in Swiss property financing, used when an individual or family seeks to purchase residential property with borrowed funds from a financial institution. This contract type is essential in the Swiss real estate market, where approximately two-thirds of residents are tenants, making mortgage arrangements particularly significant for those transitioning to homeownership. The document must comply with strict Swiss banking regulations, including FINMA guidelines on minimum down payments and affordability criteria. It encompasses crucial elements such as loan terms, security arrangements, payment schedules, and borrower obligations. The contract is typically used in conjunction with property purchase agreements and requires consideration of both federal and cantonal laws. Swiss residential mortgage contracts are known for their conservative lending standards and typically feature lower interest rates compared to many other jurisdictions, reflecting Switzerland's stable financial market.

What sections should be included in a Residential Mortgage Contract?

1. Parties: Identification of the lender (bank/financial institution) and borrower(s), including full legal names, addresses, and any registration numbers

2. Background: Context of the mortgage agreement, including property details and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the mortgage amount, currency, and confirmed purpose of the loan

5. Property Details: Detailed description of the mortgaged property, including land registry details and property address

6. Interest Rate and Payments: Interest rate terms, whether fixed or variable, payment schedule, and calculation method

7. Term and Repayment: Duration of the mortgage, repayment schedule, and amortization requirements

8. Security: Details of the mortgage lien (hypoth锟斤拷que/Hypothek) and its registration

9. Borrower's Representations: Borrower's confirmations regarding their financial situation, property ownership, and other material facts

10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and payment requirements

11. Events of Default: Circumstances constituting default and their consequences

12. Lender's Rights: Rights of the lender, including inspection rights and enforcement measures

13. Insurance Requirements: Mandatory insurance coverage for the property

14. Costs and Fees: Distribution of costs, including registration fees, notary fees, and other charges

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

What sections are optional to include in a Residential Mortgage Contract?

1. Co-Borrower Provisions: Additional terms when there are multiple borrowers, defining joint and several liability

2. Foreign Nationals Clause: Special provisions required when the borrower is a foreign national, addressing Lex Koller requirements

3. Construction Provisions: Special terms for properties under construction, including drawdown procedures

4. Prepayment Terms: Terms for early repayment, including any penalties or break costs

5. Secondary Residence Provisions: Special terms for holiday homes or secondary residences

6. Rental Provisions: Terms applying if the property will be rented out

7. Environmental Provisions: Special terms for properties requiring environmental compliance or remediation

What schedules should be included in a Residential Mortgage Contract?

1. Property Description Schedule: Detailed legal description of the property, including land registry extract

2. Payment Schedule: Detailed amortization schedule showing payment dates and amounts

3. Interest Rate Appendix: Detailed terms for interest rate calculations and adjustments

4. Insurance Requirements Schedule: Detailed list of required insurance coverage and minimum amounts

5. Fee Schedule: Comprehensive list of all applicable fees and charges

6. Property Valuation Report: Official property valuation documentation

7. Building Insurance Certificate: Copy of required property insurance certificates

8. Land Register Extract: Current extract from the land register (Grundbuch/registre foncier)

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 | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

















































Clauses









































Relevant Industries

Banking & Financial Services

Real Estate

Insurance

Legal Services

Property Development

Financial Technology

Wealth Management

Mortgage Broking

Property Management

Consumer Services

Relevant Teams

Legal

Mortgage Operations

Credit Risk

Compliance

Real Estate Finance

Contract Administration

Customer Relations

Property Services

Documentation

Underwriting

Portfolio Management

Risk Assessment

Relevant Roles

Mortgage Advisor

Legal Counsel

Banking Relationship Manager

Credit Risk Officer

Real Estate Agent

Property Lawyer

Compliance Officer

Mortgage Underwriter

Financial Advisor

Banking Operations Manager

Property Valuation Specialist

Mortgage Portfolio Manager

Notary Public

Contract Administrator

Risk Assessment Officer

Industries








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