Land Contract Template for Switzerland

A Swiss land contract is a legally binding agreement governed by Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). This document formalizes the transfer of real estate ownership between parties and must be executed in the form of a public deed by an authorized notary. The contract includes detailed property descriptions, purchase price, payment terms, warranties, and specific provisions required by Swiss law. It addresses land registry requirements, tax implications, and may include additional provisions regarding mortgages, existing tenancies, or environmental matters. The document must comply with cantonal regulations and, where applicable, Lex Koller restrictions for foreign buyers.

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What is a Land Contract?

The Land Contract is a fundamental legal document used in Swiss real estate transactions to transfer property ownership. It must be drafted in accordance with Swiss federal law, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR), as well as applicable cantonal regulations. This document is essential whenever real estate is bought or sold in Switzerland, whether for residential, commercial, or industrial purposes. The contract requires notarization and must include specific elements such as accurate property description, clear identification of parties, purchase price, payment terms, and transfer conditions. It serves as the basis for land registry registration and may need to address various aspects such as mortgage arrangements, existing tenancies, or Lex Koller compliance for foreign buyers. The document's complexity and legal requirements make it necessary to involve legal professionals and comply with strict formal requirements to ensure validity.

What sections should be included in a Land Contract?

1. Parties: Identification of seller and buyer with full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the transaction and confirmation of seller's ownership rights

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, plot number, size, and exact location

5. Purchase Price: Agreed purchase price, payment terms, and payment schedule

6. Transfer of Ownership: Conditions and process for transferring property ownership

7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status

8. Handover: Terms and timing of property possession transfer

9. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties

10. Land Registry: Provisions regarding land registry registration process

11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

12. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Land Contract?

1. Mortgage Provisions: Used when the purchase involves existing or new mortgage arrangements

2. Tenant Rights: Required when the property is subject to existing tenancy agreements

3. Construction Obligations: Included when the contract involves undeveloped land or pending construction

4. Environmental Provisions: Used when environmental issues or contamination concerns exist

5. Lex Koller Compliance: Required when buyer is a foreign national or entity

6. Easements and Restrictions: Included when specific easements or usage restrictions apply

7. Condition Precedents: Used when completion depends on specific conditions being met

8. Pre-emption Rights: Required when there are existing or new pre-emption rights

What schedules should be included in a Land Contract?

1. Property Plans: Official land registry plans and property boundaries

2. Title Documents: Current land registry extract and ownership documentation

3. Property Inventory: List of included fixtures, fittings, and equipment

4. Existing Encumbrances: Details of mortgages, easements, or other registered rights

5. Building Permits: Copies of relevant building permits and certificates

6. Environmental Reports: Any environmental assessments or contamination reports

7. Payment Schedule: Detailed breakdown of payment installments and timing

8. Handover Protocol: Template for recording the condition at property handover

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

Jurisdiction

Switzerland

Publisher

Genie AI

Cost

Free to use

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