The House Purchase Agreement Form is a critical legal document used in Swiss real estate transactions to formalize and execute the transfer of residential property ownership. It serves as the primary contract between seller and buyer, incorporating all essential elements required under Swiss law, including the Swiss Civil Code (ZGB) and Code of Obligations (OR). This document is mandatory for all residential property sales in Switzerland and must be notarized by a public notary and registered with the cantonal land registry to be legally valid. The agreement comprehensively covers property details, price, payment terms, warranties, and transfer conditions, while ensuring compliance with specific Swiss regulations such as Lex Koller for foreign buyers and cantonal property transfer requirements. It's designed to protect both parties' interests while facilitating a smooth and legally compliant property transfer process.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and identification details
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, parcel number, size, and address
5. Purchase Price: Agreed purchase price, payment terms, and schedule of payments
6. Payment Terms: Details of how and when payments will be made, including deposit and final payment arrangements
7. Transfer of Ownership: Process and conditions for transferring property ownership via the land registry
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
9. Handover Conditions: Terms and timing of property possession transfer and handover process
10. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties
11. Due Diligence: Buyer's right to inspect property and review documentation
12. Notarization: Requirements for official notarization of the agreement
13. Governing Law: Confirmation of Swiss law application and jurisdiction
14. Signatures: Formal execution section for all parties and notary
1. Mortgage Arrangements: Include when buyer is obtaining mortgage financing, detailing lender requirements and conditions
2. Foreign Buyer Provisions: Include when buyer is foreign, addressing Lex Koller requirements
3. Tenant Provisions: Include when property is currently leased, addressing existing tenancy agreements
4. Construction Completion: Include for properties under construction or requiring renovation before transfer
5. Environmental Provisions: Include when property has known environmental issues or requires special inspections
6. Parking/Storage Units: Include when sale includes separate parking or storage facilities
7. Fixtures and Fittings: Include when specific agreements exist about included/excluded items
8. Development Rights: Include when property includes unused development potential or restrictions
9. Agricultural Land Provisions: Include when property includes agricultural land subject to special regulations
1. Property Extract: Official land registry extract showing property details and ownership
2. Floor Plans: Detailed plans and measurements of the property
3. Property Photographs: Documentary photographs of property condition at time of sale
4. Inventory List: Detailed list of included fixtures, fittings, and equipment
5. Building Permits: Copies of relevant building permits and certificates
6. Technical Reports: Building inspection reports, energy certificates, and other technical assessments
7. Insurance Certificates: Current building insurance documentation
8. Property Charges: Details of property taxes, utility charges, and maintenance fees
9. Mortgage Documentation: Details of existing mortgages or liens to be discharged
10. Environmental Reports: Any environmental assessments or contamination reports
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