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Absolute Sale Deed

Absolute Sale Deed Template for Switzerland

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Key Requirements PROMPT example:

Absolute Sale Deed

"I need an Absolute Sale Deed under Swiss law for the purchase of a commercial warehouse in Zurich by a German corporation, with completion planned for March 2025, including provisions for existing environmental permits and foreign ownership compliance."

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Document background
The Absolute Sale Deed is a fundamental legal instrument in Swiss property law, used to document and effectuate the complete transfer of real estate ownership. This document type is mandatory for all property transactions in Switzerland and must be executed in the form of a public deed (öffentliche Urkunde/acte authentique) before a notary public. The Absolute Sale Deed includes essential elements such as precise property identification, party details, purchase price, and transfer conditions, all structured to comply with the Swiss Civil Code and Code of Obligations. It serves multiple purposes: legally transferring property ownership, enabling land register registration, and documenting compliance with various regulations including cantonal requirements and, where applicable, Lex Koller provisions for foreign buyers. The document's format and content are strictly regulated to ensure legal certainty and protect all parties' interests in Swiss property transactions.
Suggested Sections

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

2. Background: Brief context of the transaction and confirmation of seller's ownership

3. Definitions: Key terms used throughout the deed

4. Property Description: Detailed description of the property including land registry details, plot number, size, and location

5. Purchase Price: Statement of the agreed purchase price and payment terms

6. Transfer of Ownership: Declaration of transfer of title and possession

7. Warranties and Representations: Seller's warranties regarding property ownership, encumbrances, and condition

8. Taxes and Costs: Allocation of transfer taxes, notary fees, and registration costs

9. Land Register Authorization: Authorization for registration of the transfer in the land register

10. Governing Law: Confirmation of Swiss law application and jurisdiction

11. Execution: Formal execution clause and notarization requirements

Optional Sections

1. Existing Tenancies: Details of any existing lease agreements that transfer with the property

2. Mortgage Arrangements: Details of existing mortgages and their handling, used when property has existing mortgages

3. Environmental Provisions: Specific provisions regarding environmental conditions or liabilities, used when environmental issues are present

4. Building Permits: Information about existing or pending building permits, used for properties under development

5. Foreign Buyer Provisions: Additional provisions required under Lex Koller for foreign buyers

6. Easements and Rights: Specific provisions regarding existing easements or rights of way

7. Defects Disclosure: Detailed disclosure of known defects, used when specific issues need to be addressed

Suggested Schedules

1. Property Extract: Official land register extract showing current ownership and encumbrances

2. Property Plans: Official cadastral plans and property boundaries

3. Building Documentation: Floor plans, building permits, and technical specifications

4. Inventory List: List of fixtures and fittings included in the sale

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

6. Payment Schedule: Detailed schedule of payment arrangements if applicable

7. Photographs: Current photographs of the property and its condition

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Land Register
Purchase Price
Completion Date
Transfer Date
Encumbrances
Building Rights
Easements
Mortgage
Notarial Deed
Cantonal Authority
Land Registry Extract
Cadastral Survey
Transfer Tax
Notary Fees
Registration Fees
Existing Tenancies
Property Rights
Fixtures and Fittings
Building Regulations
Environmental Regulations
Public Law Restrictions
Title Deed
Payment Terms
Possession Date
Building Insurance
Property Charges
Warranty Claims
Force Majeure
Business Day
Permitted Use
Land Value
Building Value
Construction Permits
Zoning Requirements
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Possession
Warranties and Representations
Property Condition
Encumbrances
Mortgage Provisions
Land Register Registration
Taxes and Fees
Insurance
Environmental Compliance
Existing Tenancies
Building Rights
Easements
Public Law Restrictions
Due Diligence
Risk Transfer
Default
Force Majeure
Notices
Governing Law
Jurisdiction
Language
Severability
Entire Agreement
Amendment
Registration Requirements
Foreign Ownership Compliance
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Hospitality

Retail

Industrial

Agriculture

Commercial Property

Residential Property

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Services

Facilities Management

Asset Management

Investment

Operations

Risk Management

Transaction Services

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Notary Public

Land Registry Officer

Real Estate Agent

Property Developer

Compliance Officer

Corporate Counsel

Transaction Manager

Real Estate Investment Manager

Asset Manager

Facilities Manager

Real Estate Portfolio Manager

Property Acquisition Specialist

Industries
Swiss Civil Code (ZGB) Art. 657-665: Provisions regarding the transfer of ownership of real estate and the requirements for registration in the land register
Swiss Code of Obligations (OR) Art. 216-221: Specific provisions regarding contracts for the sale of immovable property, including form requirements and warranties
Swiss Civil Code (ZGB) Art. 942-977: Regulations concerning the land register and the registration process
Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller): Restrictions and requirements for foreign buyers acquiring real estate in Switzerland
Cantonal Notarization Laws: Local regulations regarding the formal requirements for property transfers and the involvement of notaries
Swiss Civil Code (ZGB) Art. 731-742: Provisions regarding mortgages and other real estate encumbrances that need to be addressed in the sale deed
Federal Act on Value Added Tax (VAT Act): Regulations regarding VAT implications for real estate transactions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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