The Owner Finance Contract is utilized in Switzerland when traditional bank financing is not preferred or available, allowing property sellers to finance the buyer's purchase directly. This arrangement is particularly relevant for specialized properties, unique financing situations, or when flexibility in terms is desired. The document must comply with Swiss federal and cantonal laws, including the Swiss Code of Obligations (OR/CO) and Civil Code (ZGB/CC), and typically requires notarization. It includes comprehensive details about the property, financing terms, security arrangements, payment schedules, default provisions, and specific requirements for property transfer under Swiss law. The contract serves both residential and commercial property transactions and can be adapted for various types of real estate, from private homes to commercial buildings.
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1. Parties: Identification of the property owner/seller (financier) and the buyer, including full legal names, addresses, and any registration numbers
2. Background: Context of the transaction, including property description and parties' intention to enter into owner financing arrangement
3. Definitions: Key terms used throughout the agreement, including financial, property, and legal terminology
4. Purchase Price and Financing Terms: Total purchase price, down payment, financed amount, interest rate, and payment schedule
5. Payment Terms: Detailed payment obligations, including method, timing, and place of payments
6. Security Interest: Description of the security interest in the property, including mortgage or lien details
7. Property Transfer: Terms and conditions for the transfer of property ownership and registration requirements
8. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity and the property
9. Buyer's Obligations: Ongoing responsibilities including property maintenance, insurance, and taxes
10. Default and Remedies: Definition of default events and available remedies, including foreclosure procedures
11. Governing Law and Jurisdiction: Specification of Swiss law application and competent courts
12. Execution: Signature blocks and notarization requirements
1. Insurance Requirements: Detailed insurance obligations when specific coverage types are required beyond standard property insurance
2. Property Use Restrictions: Include when there are specific limitations on property use or modifications
3. Prepayment Terms: Include when early payment options or restrictions are negotiated
4. Co-signer Provisions: Required when a third-party guarantor is involved in the financing
5. Foreign Buyer Provisions: Include when the buyer is subject to Lex Koller restrictions
6. Property Management: Include for commercial properties or when specific management requirements exist
7. Environmental Provisions: Include when environmental assessments or obligations are relevant to the property
1. Property Description Schedule: Detailed legal description of the property, including cadastral details and boundaries
2. Payment Schedule: Amortization table showing payment dates, amounts, and principal/interest breakdown
3. Property Condition Report: Documentation of property condition at time of sale
4. Title Documentation: Copies of relevant property registry excerpts and title documents
5. Insurance Certificates: Copies of required insurance policies and certificates
6. Property Plans: Official property plans and drawings as registered with local authorities
7. Due Diligence Reports: Any relevant property inspection or assessment reports
Relevant legal definitions
Agreement
Property
Purchase Price
Down Payment
Financed Amount
Interest Rate
Payment Date
Monthly Payment
Seller
Buyer
Closing Date
Default
Security Interest
Mortgage
Land Register (Grundbuch)
Property Title
Deed
Notarial Deed
Due Date
Late Payment
Force Majeure
Insurance Requirements
Property Charges
Taxes
Maintenance
Transfer Date
Registration
Cantonal Authority
Applicable Law
Business Day
Interest Period
Default Interest
Prepayment
Security Documents
Property Description
Permitted Use
Improvements
Encumbrances
Title Defects
Representations
Warranties
Remedies
Notice
Term
Amortization Schedule
Principal Balance
Maturity Date
Property
Purchase Price
Down Payment
Financed Amount
Interest Rate
Payment Date
Monthly Payment
Seller
Buyer
Closing Date
Default
Security Interest
Mortgage
Land Register (Grundbuch)
Property Title
Deed
Notarial Deed
Due Date
Late Payment
Force Majeure
Insurance Requirements
Property Charges
Taxes
Maintenance
Transfer Date
Registration
Cantonal Authority
Applicable Law
Business Day
Interest Period
Default Interest
Prepayment
Security Documents
Property Description
Permitted Use
Improvements
Encumbrances
Title Defects
Representations
Warranties
Remedies
Notice
Term
Amortization Schedule
Principal Balance
Maturity Date
Clauses
Identification of Parties
Recitals
Definitions
Purchase Price
Payment Terms
Interest Rate
Security Interest
Property Transfer
Title and Ownership
Registration Requirements
Property Description
Property Condition
Insurance
Default and Remedies
Taxes and Charges
Representations and Warranties
Property Maintenance
Assignment and Transfer
Prepayment Rights
Events of Default
Enforcement
Force Majeure
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Notarization
Costs and Expenses
Termination
Indemnification
Compliance with Laws
Property Use
Environmental Matters
Risk of Loss
Recording and Registration
Further Assurances
Recitals
Definitions
Purchase Price
Payment Terms
Interest Rate
Security Interest
Property Transfer
Title and Ownership
Registration Requirements
Property Description
Property Condition
Insurance
Default and Remedies
Taxes and Charges
Representations and Warranties
Property Maintenance
Assignment and Transfer
Prepayment Rights
Events of Default
Enforcement
Force Majeure
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Notarization
Costs and Expenses
Termination
Indemnification
Compliance with Laws
Property Use
Environmental Matters
Risk of Loss
Recording and Registration
Further Assurances
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Insurance
Property Development
Construction
Commercial Property
Residential Property
Property Management
Investment & Asset Management
Relevant Teams
Legal
Real Estate
Finance
Compliance
Risk Management
Property Management
Asset Management
Investment
Operations
Contract Administration
Relevant Roles
Real Estate Attorney
Property Lawyer
Real Estate Agent
Property Manager
Financial Controller
Chief Financial Officer
Real Estate Investment Manager
Legal Counsel
Compliance Officer
Risk Manager
Property Developer
Asset Manager
Transaction Manager
Contract Manager
Real Estate Portfolio Manager
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