The Forward Purchase Agreement (Real Estate) is a specialized contract used in Swiss real estate transactions where a purchaser commits to buying a property that is yet to be developed or is under construction. This document is particularly relevant in commercial real estate development, investment projects, and large-scale residential developments. It requires careful consideration of Swiss federal and cantonal laws, including mandatory notarization requirements, Lex Koller regulations for foreign investors, and construction law compliance. The agreement typically includes comprehensive provisions for development specifications, quality standards, milestone payments, construction monitoring rights, risk allocation, and completion conditions. It serves as both a purchase agreement and a development agreement, protecting the interests of both the developer/seller and the purchaser throughout the construction period until final completion and transfer of ownership.
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1. Parties: Identification of Seller and Purchaser, including full legal names, addresses, and registration details
2. Background: Context of the transaction, description of the property and development project
3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, Development Works
4. Sale and Purchase: Core agreement to sell and purchase, including property description and any included rights
5. Purchase Price: Amount, payment structure, deposit requirements, and milestone payments
6. Conditions Precedent: Conditions that must be satisfied before completion, including planning permissions and construction progress
7. Development Obligations: Seller's obligations regarding construction, quality standards, and timeline
8. Construction Monitoring: Purchaser's rights to inspect works and receive progress reports
9. Completion: Process for closing the transaction, including documentation and registration requirements
10. Seller's Warranties: Warranties regarding property title, construction quality, and compliance with specifications
11. Risk and Insurance: Allocation of risk during construction period and required insurance coverage
12. Default and Termination: Consequences of breach and circumstances allowing termination
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Environmental Matters: Specific provisions regarding environmental conditions and responsibilities, used when environmental risks are identified
2. Planning Obligations: Details of planning requirements and obligations, used when specific planning conditions affect the development
3. VAT and Tax Provisions: Detailed tax treatment, used when the transaction has specific VAT implications or complex tax structures
4. Financing Provisions: Requirements related to external financing, used when purchase is dependent on specific financing arrangements
5. Property Management: Interim management arrangements, used when property is income-producing during construction
6. Assignment Rights: Rights to assign the contract, used when purchaser may want to transfer rights before completion
7. Foreign Investment Provisions: Lex Koller compliance provisions, used when purchaser is a foreign investor
1. Property Description: Detailed legal description of the property including land register details
2. Development Specifications: Detailed construction specifications and quality standards
3. Payment Schedule: Detailed breakdown of milestone payments and payment conditions
4. Form of Warranties: Standard forms of construction warranties to be provided
5. Construction Timeline: Detailed construction schedule with milestone dates
6. Required Approvals: List of required permits and approvals
7. Form of Completion Notice: Standard form for confirming completion of construction phases
8. Plans and Drawings: Architectural plans, drawings, and renderings
9. Technical Due Diligence Reports: Results of technical surveys and inspections
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