The Standard Agreement For The Sale Of (Real Estate) is a fundamental legal instrument in Swiss property transactions, essential for any transfer of real estate ownership in Switzerland. This document type is used when parties wish to formalize the sale and purchase of real property, whether residential, commercial, or industrial. It must comply with strict Swiss formal requirements, including notarization and registration in the land register. The agreement incorporates mandatory provisions from the Swiss Civil Code (ZGB) and Code of Obligations (OR), addresses cantonal regulations, and includes specific provisions for foreign buyers under Lex Koller where applicable. It serves as the primary document establishing the terms of sale, rights and obligations of parties, conditions precedent, and completion requirements for property transfers in Switzerland.
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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 sale and brief description of the property
3. Definitions: Definitions of 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: Statement of the purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed payment schedule, method of payment, and escrow arrangements
7. Conditions Precedent: Conditions that must be satisfied before completion, including financing and regulatory approvals
8. Seller's Warranties: Warranties regarding property ownership, condition, and absence of encumbrances
9. Buyer's Warranties: Warranties regarding capacity to purchase and compliance with Lex Koller if applicable
10. Completion: Process for completion, including notarization requirements and registration
11. Transfer of Ownership: Provisions regarding the transfer of title and registration in the land register
12. Costs and Taxes: Allocation of transaction costs, taxes, and notary fees
13. Notices: Process for giving formal notices under the agreement
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Mortgage Arrangements: Used when existing mortgages need to be discharged or new mortgages arranged
2. Tenant Provisions: Required when the property is sold with existing tenants
3. Foreign Buyer Provisions: Required when the buyer is foreign and Lex Koller applies
4. Property Management: Used when interim property management arrangements are needed between exchange and completion
5. Environmental Provisions: Required when there are known environmental issues or contamination
6. Development Rights: Used when the property has pending or potential development opportunities
7. Agricultural Land Provisions: Required when the property includes agricultural land subject to special regulations
8. Heritage Protection: Required when the property is listed or subject to heritage protection
9. Easements and Rights of Way: Used when specific easements or rights of way need to be addressed
1. Property Plan: Official land registry extract and property plans
2. Title Documents: Copies of relevant title documents and land register extracts
3. Inventory: List of fixtures, fittings, and any movable property included in the sale
4. Property Certificates: Energy performance certificates and other required property certificates
5. Building Permits: Copies of existing building permits and applications
6. Technical Reports: Building inspection reports, surveys, and technical assessments
7. Existing Contracts: Copies of relevant service contracts, warranties, and guarantees
8. Insurance Certificates: Details of existing insurance policies
9. Payment Schedule: Detailed breakdown of payment installments and timing
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Finance
Legal Services
Construction
Property Development
Insurance
Hospitality
Retail
Manufacturing
Agriculture
Tourism
Professional Services
Public Sector
Healthcare
Relevant Teams
Legal
Real Estate
Compliance
Finance
Tax
Risk Management
Property Management
Business Development
Investment
Operations
Corporate Secretariat
Facilities Management
Asset Management
Relevant Roles
Real Estate Agent
Property Lawyer
Notary Public
Property Developer
Real Estate Investment Manager
Facilities Manager
Property Manager
Legal Counsel
Compliance Officer
Tax Advisor
Banking Relationship Manager
Property Valuer
Real Estate Portfolio Manager
Asset Manager
Risk Manager
Company Secretary
Real Estate Transaction Manager
Development Director
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