Home For Sale By Owner Purchase Agreement for Switzerland

Home For Sale By Owner Purchase Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law, specifically designed for private property sales without real estate agent involvement. This document facilitates direct property transfers between private sellers and buyers in Switzerland, incorporating all necessary elements required by both federal and cantonal laws. It includes detailed provisions for property description, purchase price, payment terms, transfer of ownership, and compliance with Swiss property transfer regulations, including the requirements of the Swiss Civil Code and Code of Obligations. The agreement ensures proper documentation of the transaction while protecting both parties' interests in accordance with Swiss legal requirements.

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What is a Home For Sale By Owner Purchase Agreement?

The Home For Sale By Owner Purchase Agreement is a crucial legal document used in Switzerland when private individuals wish to conduct property sales without the involvement of real estate agents. This document is specifically tailored to comply with Swiss federal and cantonal requirements for property transfers, including necessary provisions under the Swiss Civil Code (ZGB) and Code of Obligations (OR). It's particularly relevant in situations where property owners wish to maintain direct control over the sale process while ensuring all legal requirements are met. The agreement covers essential elements such as property details, price, payment terms, warranties, and transfer procedures, while incorporating specific Swiss legal requirements such as notarization and land registry procedures. It's designed to protect both parties' interests while facilitating a smooth property transfer process in accordance with Swiss property law.

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

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

2. Background: Brief context of the sale and confirmation that the seller is the rightful 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 property including land registry details, plot number, address, and square footage

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

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

7. Transfer of Ownership: Process and timing of property transfer, including land registry requirements

8. Seller's Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status

9. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and compliance with Swiss property acquisition laws

10. Closing Conditions: Prerequisites for completion of the sale, including financing and regulatory approvals

11. Closing Costs and Taxes: Allocation of notary fees, transfer taxes, and other transaction costs

12. Handover Process: Timing and process for physical possession transfer and key handover

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

14. Execution: Signature requirements and date of agreement

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

1. Mortgage Assumption: Terms for assuming existing mortgage, if applicable

2. Furniture and Fixtures: List of movable items included/excluded from sale

3. Condition Precedents: Specific conditions that must be met before completion, such as successful building inspection

4. Environmental Matters: Specific provisions regarding known environmental issues or requirements

5. Rental Situations: Terms regarding existing tenants if property is currently rented

6. Renovation Agreements: Any agreed renovations to be completed before or after sale

7. Right of First Refusal: Terms of any pre-existing rights of first refusal

8. Defects Liability: Special provisions regarding known defects or ongoing repairs

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

1. Property Plan: Official land registry extract and property plans

2. Inventory List: Detailed list of included furnishings and fixtures

3. Property Inspection Report: Recent property condition assessment report

4. Land Registry Extract: Current extract from the land registry (Grundbuch)

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

6. Energy Performance Certificate: Property's energy efficiency rating and certificate

7. Payment Schedule: Detailed schedule of all payment installments and timing

8. Existing Encumbrances: List of any existing mortgages, easements, or other encumbrances

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

Legal Services

Financial Services

Property Development

Construction

Banking

Insurance

Public Administration

Property Management

Relevant Teams

Legal

Real Estate

Property Administration

Compliance

Finance

Risk Management

Documentation

Advisory Services

Operations

Relevant Roles

Property Owner

Home Buyer

Legal Counsel

Notary Public

Property Surveyor

Mortgage Advisor

Tax Consultant

Property Assessor

Land Registry Officer

Real Estate Lawyer

Financial Advisor

Building Inspector

Property Administrator

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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