The Home Purchase Agreement is a crucial legal document used in Swiss real estate transactions to formalize the transfer of residential property ownership. It must be prepared in accordance with Swiss federal and cantonal laws, particularly the Swiss Civil Code and Code of Obligations. The document captures all essential aspects of the property sale, including detailed property description, purchase price, payment terms, warranties, and transfer conditions. It requires public authentication (notarization) and subsequent registration in the land registry to be legally effective. Special considerations include compliance with Lex Koller for foreign buyers, cantonal property transfer taxes, and specific local regulations. This agreement serves as the foundation for the property transfer process and protects both buyer's and seller's interests throughout the transaction.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and any registration details
2. Background: Context of the sale and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, parcel number, and exact measurements
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Schedule of payments, including deposit, intermediate payments, and final payment
7. Transfer of Ownership: Process and timing of the property transfer, including land registry requirements
8. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
9. Handover Conditions: Conditions and timing for the physical handover of the property
10. Costs and Taxes: Allocation of notary fees, land registry costs, property transfer taxes, and other expenses
11. Due Diligence: Buyer's right to inspect property documents and conduct investigations
12. Notarization: Requirements for public authentication of the agreement
13. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Mortgage Arrangements: Include when buyer is obtaining mortgage financing, detailing coordination with lender
2. Lex Koller Compliance: Required when buyer is a foreign person or entity, addressing necessary permits
3. Tenant Provisions: Include when property is currently rented, addressing existing tenancy agreements
4. Construction Completion: Required for properties under construction or requiring renovation before transfer
5. Environmental Provisions: Include when property has known environmental issues or contamination
6. Furniture and Fixtures: Include when sale includes specific movable property
7. Agricultural Land Provisions: Required when property includes agricultural land subject to special regulations
8. Easements and Rights of Way: Include when specific easements or rights of way affect the property
1. Property Details: Detailed technical description, including floor plans and land registry extract
2. Inventory: List of included furniture, fixtures, and equipment if applicable
3. Due Diligence Documents: Building permits, inspection reports, and compliance certificates
4. Payment Schedule: Detailed breakdown of payment installments and timing
5. Existing Encumbrances: List of mortgages, easements, and other registered encumbrances
6. Property Insurance: Details of existing insurance policies and coverage
7. Energy Performance Certificate: Current energy efficiency rating and certificate
8. Building Regulations: Applicable zoning and building regulations affecting the property
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