The Commercial Property Purchase Agreement is a crucial legal document used in Switzerland for transferring ownership of commercial real estate. It must be drafted in compliance with Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). This document is essential when any business entity or individual wishes to purchase commercial property in Switzerland, whether for office space, retail locations, industrial facilities, or other commercial purposes. The agreement requires mandatory notarization and must be registered with the land registry office (Grundbuchamt). It includes comprehensive details about the property, purchase terms, warranties, and specific provisions required under Swiss law, such as environmental compliance and planning regulations. Special considerations apply when the purchaser is a foreign entity, triggering Lex Koller requirements. The document serves as the foundational agreement protecting both parties' interests while ensuring full compliance with Swiss property transfer regulations.
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1. Parties: Identification of seller and purchaser with full legal details as required under Swiss law
2. Background: Context of the transaction and brief description of the commercial property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, boundaries, and included fixtures
5. Purchase Price: Specification of purchase price, payment terms, and payment schedule
6. Deposit: Details of deposit amount, payment timing, and escrow arrangements
7. Completion: Conditions and procedures for completion of the sale, including notarization requirements
8. Seller's Warranties: Warranties regarding property ownership, condition, and legal compliance
9. Property Transfer: Process and requirements for legal transfer of the property
10. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
11. Due Diligence: Buyer's inspection rights and due diligence process
12. Representations: Legal representations by both parties
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. Notices: Process for formal communications between parties
1. Financing Conditions: Include when purchase is subject to buyer obtaining financing
2. Tenant Rights: Include when property has existing tenants and lease agreements
3. Environmental Provisions: Include when environmental issues or investigations are relevant
4. Construction Obligations: Include when property requires specific construction or modifications
5. Asset Transfer: Include when business assets are included in the property sale
6. Planning Permissions: Include when specific planning or zoning changes are required
7. VAT Election: Include when parties elect to treat the transaction as VAT-able
8. Lex Koller Compliance: Include when purchaser is a foreign person or entity
1. Property Plan: Official land registry extract and property plans
2. Title Documents: Copies of title documents and land registry entries
3. Inventory: List of included fixtures, fittings, and equipment
4. Existing Leases: Details of any existing lease agreements
5. Due Diligence Results: Reports from technical, legal, and environmental due diligence
6. Building Permits: Copies of existing building permits and certificates
7. Service Contracts: List of transferring service contracts
8. Insurance Certificates: Relevant property insurance documentation
9. Environmental Reports: Environmental assessment and compliance reports
10. Payment Schedule: Detailed schedule of payment installments and timing
Relevant legal definitions
Agreement
Appendices
Applicable Laws
Building
Business Day
Cantonal Authorities
Completion
Completion Date
Conditions Precedent
Consideration
Deposit
Due Diligence Period
Effective Date
Encumbrances
Environmental Laws
Existing Leases
Fixtures and Fittings
Ground Rent
Grundbuchamt
Insurance Policies
Land
Land Registry
Lex Koller
Notary
Notices
Parties
Permitted Use
Planning Permissions
Property
Property Rights
Purchase Price
Purchaser
Register of Commerce
Schedules
Seller
Service Contracts
Swiss Civil Code
Swiss Code of Obligations
Tax Authorities
Title Documents
Transfer Date
VAT
Warranties
Working Day
Zoning Regulations
Appendices
Applicable Laws
Building
Business Day
Cantonal Authorities
Completion
Completion Date
Conditions Precedent
Consideration
Deposit
Due Diligence Period
Effective Date
Encumbrances
Environmental Laws
Existing Leases
Fixtures and Fittings
Ground Rent
Grundbuchamt
Insurance Policies
Land
Land Registry
Lex Koller
Notary
Notices
Parties
Permitted Use
Planning Permissions
Property
Property Rights
Purchase Price
Purchaser
Register of Commerce
Schedules
Seller
Service Contracts
Swiss Civil Code
Swiss Code of Obligations
Tax Authorities
Title Documents
Transfer Date
VAT
Warranties
Working Day
Zoning Regulations
Clauses
Interpretation
Sale and Purchase
Purchase Price
Deposit
Conditions Precedent
Due Diligence
Completion
Property Transfer
Title and Ownership
Warranties and Representations
Property Condition
Environmental Compliance
Planning and Zoning
Existing Tenancies
Service Contracts
Insurance
Tax Provisions
VAT Election
Foreign Investment Compliance
Notarization Requirements
Land Registry
Risk and Property Care
Costs and Expenses
Default and Termination
Force Majeure
Assignment
Notices
Confidentiality
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Third Party Rights
Counterparts
Sale and Purchase
Purchase Price
Deposit
Conditions Precedent
Due Diligence
Completion
Property Transfer
Title and Ownership
Warranties and Representations
Property Condition
Environmental Compliance
Planning and Zoning
Existing Tenancies
Service Contracts
Insurance
Tax Provisions
VAT Election
Foreign Investment Compliance
Notarization Requirements
Land Registry
Risk and Property Care
Costs and Expenses
Default and Termination
Force Majeure
Assignment
Notices
Confidentiality
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Third Party Rights
Counterparts
Relevant Industries
Real Estate
Commercial Property Development
Retail
Manufacturing
Hospitality
Healthcare
Office Space Management
Logistics and Warehousing
Industrial
Banking and Financial Services
Professional Services
Technology
Education
Relevant Teams
Legal
Real Estate
Finance
Operations
Facilities Management
Risk and Compliance
Corporate Development
Investment
Property Management
Business Development
Project Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Corporate Lawyer
Legal Counsel
Finance Director
Investment Manager
Facilities Manager
Development Director
Asset Manager
Commercial Director
Operations Manager
Risk Manager
Compliance Officer
Business Development Manager
Project Manager
Real Estate Analyst
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