The Deed of Sale of Land (Kaufvertrag für Grundstücke) is a fundamental legal instrument in Swiss property law, used to document and effectuate the transfer of real estate ownership. This document is essential for any real estate transaction in Switzerland, whether involving private individuals, commercial entities, or agricultural land. It must be executed in the form of a public deed before a notary and requires registration in the Swiss Land Registry to complete the transfer. The deed includes comprehensive details about the property, parties involved, purchase price, payment terms, and any encumbrances or special conditions. It must comply with various federal laws including the Swiss Civil Code and Code of Obligations, as well as specific cantonal requirements. The document is particularly crucial for ensuring legal certainty in property transactions and protecting the interests of all parties involved.
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1. Parties: Full legal identification of the seller and buyer, including names, addresses, and any registration numbers
2. Background: Context of the sale and confirmation of seller's ownership rights
3. Definitions: Key terms used throughout the deed
4. Property Description: Detailed description of the property including land registry details, plot number, size, and exact location
5. Purchase Price: Agreed purchase price and payment terms including any deposits
6. Transfer of Ownership: Terms and conditions for the transfer of title and registration in the land registry
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Handover: Terms for physical possession transfer and utilities handover
9. Costs and Taxes: Allocation of transaction costs, taxes, and fees
10. Notarization: Acknowledgment of public authentication requirement and notarial details
11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and competent courts
1. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge or transfer
2. Tenant Rights: Information about existing tenancies and their treatment post-sale
3. Environmental Provisions: Specific provisions regarding environmental conditions or contamination
4. Construction Rights: Details of any pending or approved construction permits
5. Easements and Servitudes: Specific provisions regarding existing rights of way or other easements
6. Lex Koller Compliance: Required for foreign buyers: confirmation of compliance with foreign ownership restrictions
7. Agricultural Land Provisions: Special provisions required for agricultural land under BGBB
8. Condition Precedents: Any conditions that must be met before completion
1. Land Registry Extract: Official extract showing current ownership and encumbrances
2. Property Plans: Official cadastral plans and property boundaries
3. Building Documentation: Plans, permits, and technical specifications of buildings
4. Inventory: List of included fixtures, fittings, and other items
5. Environmental Reports: Any environmental assessments or contamination reports
6. Insurance Certificates: Current building insurance documentation
7. Payment Schedule: Detailed schedule of payment installments if applicable
8. Existing Contracts: Copies of relevant contracts affecting the property (maintenance, service agreements, etc.)
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