House Purchase Agreement Form for Switzerland

House Purchase Agreement Form Template for Switzerland

A standardized legal document governed by Swiss law that formalizes the transfer of residential property ownership from seller to buyer. This agreement must comply with the Swiss Civil Code (ZGB) and Code of Obligations (OR), requiring mandatory notarization and registration with the cantonal land registry. The document details the property specifications, purchase price, payment terms, transfer conditions, and respective obligations of both parties. It includes provisions for due diligence, warranties, and specific Swiss regulatory requirements, including considerations for foreign buyers under Lex Koller where applicable.

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What is a House Purchase Agreement Form?

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.

What sections should be included in a House Purchase Agreement Form?

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

What sections are optional to include in a House Purchase Agreement Form?

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

What schedules should be included in a House Purchase Agreement Form?

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

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

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Free to use

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Agreement For Sale Of Property

A Swiss law-governed agreement documenting the legal transfer of property ownership between seller and buyer, requiring notarization and official registration.

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What is a House Purchase Agreement Form?

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What sections are optional to include in a House Purchase Agreement Form?

What schedules should be included in a House Purchase Agreement Form?

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