For Sale By Owner Purchase And Sale Agreement for Switzerland

For Sale By Owner Purchase And Sale Agreement Template for Switzerland

A Swiss For Sale By Owner Purchase and Sale Agreement is a legally binding document used in private property transactions where the owner sells directly without a real estate agent's involvement. This agreement, governed by Swiss federal and cantonal laws, particularly the Swiss Civil Code and Code of Obligations, documents the terms and conditions of the property sale, including purchase price, payment terms, property details, and transfer conditions. It must comply with strict Swiss formal requirements, including notarization, and addresses specific Swiss real estate regulations such as land register requirements and, where applicable, Lex Koller provisions for foreign buyers.

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What is a For Sale By Owner Purchase And Sale Agreement?

The For Sale By Owner Purchase And Sale Agreement is essential for private property transactions in Switzerland where owners choose to sell their property directly without real estate agent intermediation. This document type is particularly relevant in the Swiss market, where property transactions must comply with specific federal and cantonal regulations. It includes all necessary provisions required by Swiss law, such as detailed property description, precise payment terms, and transfer conditions. The agreement must be notarized to be legally valid and requires registration in the Swiss land register. It's designed to protect both parties' interests while ensuring compliance with Swiss property law, including considerations for foreign ownership restrictions (Lex Koller), mortgage arrangements, and local property transfer regulations. This document type is increasingly popular among private sellers seeking to manage their own property sales while maintaining full legal compliance.

What sections should be included in a For Sale By Owner Purchase And Sale Agreement?

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and identification numbers

2. Background: Brief context of the transaction and property ownership history

3. Definitions: Key terms used throughout the agreement

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

5. Purchase Price: Agreed purchase price, payment terms, and schedule of payments

6. Payment Method: Details of how and when payments will be made, including escrow arrangements if applicable

7. Transfer of Ownership: Process and timing for the transfer of property ownership via the land register

8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and other material facts

9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees

10. Handover: Terms and timing for the physical handover of the property

11. Default and Remedies: Consequences of breach and available remedies

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

13. Signatures: Formal execution block for all parties

What sections are optional to include in a For Sale By Owner Purchase And Sale Agreement?

1. Mortgage Arrangements: Include when there is existing mortgage to be discharged or new mortgage financing

2. Foreign Ownership Compliance: Required when buyer is a foreign person subject to Lex Koller

3. Conditions Precedent: Include when completion is subject to specific conditions (e.g., mortgage approval, permits)

4. Tenant Rights: Include when property is sold with existing tenants

5. Property Management: Include for transition period arrangements if property is part of managed complex

6. Environmental Provisions: Include when there are known environmental issues or requirements

7. Construction Warranties: Include for new or recently constructed properties

8. Right of First Refusal: Include if parties agree on future sale restrictions

What schedules should be included in a For Sale By Owner Purchase And Sale Agreement?

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

2. Inventory Schedule: List of fixtures, fittings, and any furniture included in the sale

3. Land Register Extract: Current extract from the land register showing ownership and encumbrances

4. Payment Schedule: Detailed breakdown of payment installments and timing

5. Property Condition Report: Documentation of property condition at time of sale

6. Building Insurance Certificate: Current building insurance details and coverage

7. Energy Performance Certificate: Energy efficiency rating and certification

8. Building Permits: Copies of relevant building permits and certificates of compliance

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

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Banking & Finance

Legal Services

Construction

Property Development

Insurance

Property Management

Public Administration

Notarial Services

Relevant Teams

Legal

Real Estate Administration

Property Management

Compliance

Risk Management

Finance

Corporate Administration

Document Management

Property Services

Customer Relations

Relevant Roles

Property Owner

Private Buyer

Notary Public

Legal Counsel

Bank Manager

Mortgage Advisor

Property Surveyor

Tax Consultant

Land Register Officer

Building Inspector

Property Valuation Expert

Compliance Officer

Legal Administrator

Real Estate Administrator

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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