For Sale By Owner Real Estate Contract Form for Switzerland

For Sale By Owner Real Estate Contract Form Template for Switzerland

A comprehensive legal document governed by Swiss federal and cantonal laws, specifically designed for private property sellers who wish to conduct their real estate sale without a real estate agent's involvement. The contract complies with the Swiss Civil Code (ZGB) and Code of Obligations (OR), incorporating mandatory public deed requirements and addressing all essential elements of a valid real estate transaction in Switzerland. It includes detailed provisions for property transfer, payment terms, warranties, and specific cantonal requirements, while ensuring compliance with various regulations including Lex Koller for foreign buyers and the Federal Act on Rural Land Rights where applicable.

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What is a For Sale By Owner Real Estate Contract Form?

The For Sale By Owner Real Estate Contract Form is essential for private property transactions in Switzerland where sellers choose to manage the sale process independently without real estate agent representation. This document is structured to comply with Swiss federal legislation, including the Swiss Civil Code (ZGB) and Code of Obligations (OR), as well as applicable cantonal laws. It ensures all necessary legal requirements are met, including the mandatory public deed format, while protecting both seller and buyer interests. The contract form includes comprehensive provisions for property description, price, payment terms, transfer conditions, and warranties, along with specific clauses addressing Swiss-specific requirements such as Land Registry registration, notarization requirements, and compliance with regulations like Lex Koller for foreign buyers. It's particularly valuable for property owners who want to maintain direct control over their sale process while ensuring full legal compliance.

What sections should be included in a For Sale By Owner Real Estate Contract Form?

1. Parties: Identification of the seller and buyer with full legal names, addresses, and any relevant citizenship/residency status for Lex Koller compliance

2. Background: Brief context of the sale and confirmation that the seller is the registered owner of the property

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and Swiss legal concepts

4. Property Description: Detailed description of the real estate including land registry data (Grundbuch details), property address, and cadastral number

5. Purchase Price: The agreed purchase price, currency, payment terms, and deposit requirements

6. Payment Terms: Detailed schedule of payments, including deposit, down payment, and final payment arrangements

7. Transfer of Ownership: Conditions and process for transferring title, including Land Registry requirements

8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and compliance with laws

9. Handover Conditions: Terms for the physical handover of the property, including condition requirements and timing

10. Costs and Taxes: Allocation of notary fees, land registry fees, transfer taxes, and other transaction costs

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts

12. Execution: Signature requirements and notarization provisions

What sections are optional to include in a For Sale By Owner Real Estate Contract Form?

1. Mortgage Provisions: Used when existing mortgages need to be addressed or new financing arrangements are relevant

2. Tenant Provisions: Required when the property is currently leased and existing tenancy agreements need to be addressed

3. Special Use Restrictions: Needed for properties subject to special zoning, historical preservation, or usage restrictions

4. Construction/Renovation Obligations: Included when there are ongoing or required construction works or renovations

5. Environmental Conditions: Required when there are known environmental issues or special environmental requirements

6. Agricultural Land Provisions: Necessary when the property includes agricultural land subject to BGBB regulations

7. Second Home Provisions: Required for properties in areas subject to the Second Homes Act

8. Foreign Buyer Provisions: Needed when the buyer is subject to Lex Koller restrictions

9. Rights of First Refusal: Used when there are existing or new pre-emptive rights to be documented

10. Defects Liability: Optional detailed provisions regarding known defects and liability limitations

What schedules should be included in a For Sale By Owner Real Estate Contract Form?

1. Property Extract: Official land registry extract (Grundbuchauszug) showing current ownership and encumbrances

2. Property Plans: Official cadastral plans and property measurements

3. Building Documentation: Floor plans, building permits, and technical specifications

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

5. Encumbrance Schedule: Detailed list of all easements, mortgages, and other encumbrances

6. Insurance Certificates: Current building insurance documentation

7. Energy Certificate: Energy efficiency certification and documentation

8. Technical Inspections: Recent building inspection reports or technical assessments

9. Payment Schedule: Detailed schedule of payment installments and timing

10. Handover Protocol: Template for the property handover documentation

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 & Finance

Insurance

Public Administration

Construction & Development

Property Management

Urban Planning

Environmental Services

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Financial Services

Administrative Services

Technical Services

Environmental

Customer Relations

Relevant Roles

Property Owner

Real Estate Lawyer

Public Notary

Land Registry Officer

Property Assessor

Bank Manager

Mortgage Advisor

Insurance Underwriter

Tax Consultant

Legal Counsel

Property Manager

Environmental Inspector

Urban Planning Officer

Construction Manager

Compliance Officer

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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