The Contract To Buy And Sell (Real Estate) is a fundamental legal instrument in Swiss property transactions, essential for any transfer of real estate ownership. This document is required whenever real property is bought or sold in Switzerland, whether between private individuals, corporate entities, or a combination thereof. The contract must comply with strict Swiss legal requirements, including mandatory notarization and registration in the land registry. It contains detailed information about the property, parties involved, purchase price, payment terms, warranties, and transfer conditions. Special considerations may apply under Lex Koller for foreign buyers, and additional requirements may exist at the cantonal level. The document serves as the foundation for property transfer and must be drafted with precision to ensure enforceability and protect all parties' interests.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and any relevant registration numbers
2. Background: Context of the sale and brief property introduction
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot number, size, and address
5. Purchase Price: Agreed purchase price and payment terms including deposit arrangements
6. Payment Terms: Schedule of payments, method of payment, and escrow arrangements
7. Transfer of Ownership: Process and timing of property title transfer
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
9. Handover Conditions: Terms and timing of property possession transfer
10. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties
11. Notarization: Acknowledgment of requirement for notarial authentication
12. Governing Law: Confirmation of Swiss law application and jurisdiction
13. Signatures: Execution blocks for all parties
1. Lex Koller Compliance: Required when buyer is a foreign national or entity, detailing compliance with foreign ownership restrictions
2. Mortgage Arrangements: Include when purchase involves mortgage financing
3. Property Condition: Detailed description of known defects or required repairs
4. Environmental Provisions: Required when property has known environmental issues or contamination
5. Tenant Rights: Include when property is sold with existing tenants
6. Construction Obligations: Required when property involves incomplete construction or planned renovations
7. Right of First Refusal: Include when parties agree to future purchase rights
8. Special Use Conditions: Include when property has specific use restrictions or requirements
1. Property Plans: Official cadastral plans and property boundaries
2. Land Registry Extract: Current extract from the land registry
3. Property Photos: Current photographs of the property
4. Inventory List: List of included fixtures, fittings, and furniture if applicable
5. Building Permits: Copies of relevant building permits and certificates
6. Energy Certificate: Current energy efficiency certificate
7. Insurance Certificates: Relevant property insurance documentation
8. Payment Schedule: Detailed schedule of payment installments if applicable
9. Mortgage Documents: Relevant mortgage agreements or releases if applicable
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