Conditional Sale Agreement Property for Switzerland

Conditional Sale Agreement Property Template for Switzerland

A Swiss Conditional Sale Agreement Property is a legally binding document used for real estate transactions in Switzerland where the final sale is subject to specific conditions being met. This agreement, governed by Swiss law including the Swiss Civil Code (ZGB) and Code of Obligations (OR), outlines the terms under which property ownership will transfer from seller to buyer upon fulfillment of predetermined conditions. The document must comply with strict Swiss formal requirements, including notarization and cantonal regulations, and includes detailed provisions for property description, purchase price, condition fulfillment timelines, and consequences of non-fulfillment.

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What is a Conditional Sale Agreement Property?

The Conditional Sale Agreement Property is a crucial document in Swiss real estate transactions where parties wish to agree to a property sale subject to certain conditions being met. This agreement type is commonly used when there are pending approvals, financing arrangements, or other prerequisites that must be fulfilled before the sale can be completed. The document must comply with Swiss federal and cantonal laws, requiring notarization and official registration. It typically includes detailed provisions about the property, parties involved, specific conditions, timeframes, and consequences of condition fulfillment or failure. This agreement type is particularly relevant for complex property transactions, development projects, or cases involving foreign buyers subject to Lex Koller restrictions.

What sections should be included in a Conditional Sale Agreement Property?

1. Parties: Identification of the seller and buyer with full legal names and addresses

2. Background: Context of the transaction and brief description of the property and intention for conditional sale

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: Agreed purchase price, payment structure, and deposit arrangements

6. Conditions: Specific conditions that must be met for the sale to become final, including timeframes

7. Consequences of Fulfillment: Process and obligations when conditions are met

8. Consequences of Non-fulfillment: Process and obligations if conditions are not met, including return of deposits

9. Transfer of Title: Process and requirements for final transfer of property ownership

10. Representations and Warranties: Seller's and buyer's representations regarding the property and their capacity to enter into the agreement

11. Costs and Taxes: Allocation of transaction costs, taxes, and fees

12. Notarization: Requirements for notarization and official registration

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

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Conditional Sale Agreement Property?

1. Financing Arrangements: Include when purchase involves mortgage or other financing arrangements

2. Property Insurance: Include when specifying insurance requirements during conditional period

3. Property Management: Include when addressing management and maintenance during conditional period

4. Tenant Provisions: Include when property is currently leased to tenants

5. Foreign Buyer Provisions: Include when buyer is subject to Lex Koller restrictions

6. Construction/Renovation Conditions: Include when sale is conditional on specific construction or renovation works

7. Environmental Provisions: Include when environmental assessments or remediation is required

What schedules should be included in a Conditional Sale Agreement Property?

1. Property Details Schedule: Detailed property description, including plans, boundaries, and registered easements

2. Title Documents: Copies of current land registry extracts and title documents

3. Inventory Schedule: List of fixtures, fittings, and other items included in the sale

4. Condition Precedent Timeline: Detailed timeline for fulfilling conditions with specific deadlines

5. Payment Schedule: Detailed breakdown of payment terms and installments

6. Due Diligence Results: Summary of technical, legal, and financial due diligence findings

7. Existing Tenancies: Details of any existing lease agreements affecting the property

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Insurance

Construction and Development

Hospitality

Retail

Commercial Property

Residential Property

Agriculture (for agricultural land)

Industrial

Tourism

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Investment

Finance

Risk Management

Corporate Services

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Real Estate Developer

Investment Manager

Property Investment Advisor

Notary Public

Land Registry Officer

Real Estate Transaction Manager

Asset Manager

Property Portfolio Manager

Corporate Counsel

Real Estate Finance Manager

Industries
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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