The Seller Financing Contract is utilized when traditional financing methods are either unavailable or less advantageous for the transaction parties. This document type is particularly relevant in Switzerland's commercial environment, where direct seller financing can offer flexibility and efficiency in asset transactions. The agreement comprehensively addresses both the asset sale and financing aspects, detailing payment terms, security arrangements, and compliance with Swiss financial regulations. Key applications include real estate transactions, business asset sales, and equipment financing. The contract must comply with Swiss law, particularly the Code of Obligations (OR) and, where applicable, consumer credit laws. It typically includes provisions for property transfer, security interests, payment schedules, and default remedies, while accommodating specific requirements of different asset types and transaction structures.
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1. Parties: Identification of the Seller/Creditor and Buyer/Debtor with full legal names and addresses
2. Background: Context of the transaction, including description of the asset being sold and the agreement to provide financing
3. Definitions: Key terms used throughout the agreement, including financial terms, property descriptions, and technical terminology
4. Purchase Price and Financing Terms: Total purchase price, down payment, financed amount, interest rate, and payment schedule
5. Payment Terms: Detailed payment obligations, including installment amounts, due dates, and payment methods
6. Security Interest: Description of any security interest retained by the seller in the sold property
7. Title Transfer: Conditions and timing of the transfer of title to the property
8. Representations and Warranties: Statements of fact by both parties regarding their capacity, authority, and the condition of the property
9. Buyer's Obligations: Ongoing obligations including maintenance, insurance, and compliance requirements
10. Default and Remedies: Definition of default events and seller's remedies, including acceleration and repossession rights
11. Insurance Requirements: Required insurance coverage for the property and payment protection
12. Notices: Process and addresses for formal communications between parties
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. Miscellaneous: Standard contract provisions including severability, entire agreement, and amendments
1. Guarantees: Required when there is a third-party guarantor for the buyer's obligations
2. Prepayment Terms: Include when early payment options are allowed, specifying any penalties or benefits
3. Property Management: Necessary for complex assets requiring specific maintenance or operation requirements
4. Tax Considerations: Include when there are specific tax implications that need to be addressed
5. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
6. Force Majeure: Include for longer-term financing arrangements or when external factors could significantly impact performance
7. Collateral: Required when additional collateral beyond the sold property is provided
8. Interest Rate Adjustment: Include for longer-term financing with variable interest rates
1. Schedule A - Property Description: Detailed description of the property being sold and financed
2. Schedule B - Payment Schedule: Amortization table showing all payments, principal, and interest allocations
3. Schedule C - Insurance Requirements: Detailed specifications of required insurance coverage
4. Schedule D - Deed of Sale: Form of deed to be used for property transfer
5. Schedule E - Security Agreement: Detailed terms of security interest and collateral arrangements
6. Schedule F - Maintenance Requirements: Specific maintenance and upkeep requirements for the property
7. Appendix 1 - Property Valuation: Independent valuation report of the property
8. Appendix 2 - Due Diligence Documents: Relevant property and financial documentation
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Retail
Manufacturing
Agriculture
Hospitality
Industrial Equipment
Small Business
Construction
Automotive
Relevant Teams
Legal
Finance
Commercial
Risk Management
Business Development
Sales
Compliance
Real Estate
Credit Administration
Operations
Treasury
Relevant Roles
Legal Counsel
Finance Director
Commercial Director
Credit Manager
Risk Manager
Business Development Manager
Property Manager
Contract Administrator
Chief Financial Officer
Sales Director
Asset Manager
Compliance Officer
Real Estate Manager
Transaction Manager
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