The Purchase Agreement For House is a fundamental legal document used in Swiss real estate transactions to formalize the transfer of residential property ownership. It is essential for any real estate transaction in Switzerland and must comply with strict federal and cantonal legal requirements, including mandatory notarization. This document is used when a definitive agreement has been reached between buyer and seller, following preliminary negotiations and due diligence. The agreement includes crucial details such as property specifications, purchase price, payment terms, transfer conditions, and any special provisions or warranties. It must address specific Swiss legal requirements, including land registry regulations, property transfer taxes, and where applicable, restrictions on foreign ownership (Lex Koller). The document serves as the basis for the official property transfer registration and is typically prepared with the assistance of a notary public, who ensures compliance with all legal requirements.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and any relevant registration numbers
2. Background: Context of the transaction and brief property overview
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, parcel number, size, and exact location
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: Conditions and process for transferring property ownership via the land registry
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
9. Handover Process: Timeline and conditions for physical property handover
10. Costs and Taxes: Allocation of notary fees, transfer taxes, and other transaction costs
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and relevant canton jurisdiction
1. Mortgage Arrangements: Used when buyer is obtaining mortgage financing, including conditions and coordination with lender
2. Tenant Provisions: Required if property is currently leased, addressing existing tenancy agreements
3. Renovation Agreements: Included when specific renovations are agreed to be completed before or after sale
4. Environmental Provisions: Required when property has known environmental issues or contamination
5. Foreign Buyer Provisions: Necessary when buyer is foreign, addressing Lex Koller compliance
6. Furniture and Fixtures: Used when sale includes specific movable property
7. Construction Guarantees: Required for newly built properties still under builder's warranty
8. Easements and Rights of Way: Included when property has specific easements or rights that need detailed description
1. Property Plans: Official land registry plans and property boundaries
2. Land Registry Extract: Current extract from land registry showing ownership and encumbrances
3. Inventory List: Detailed list of included furniture and fixtures, if applicable
4. Building Permits: Copies of relevant building permits and certificates
5. Property Condition Report: Technical assessment of property condition
6. Energy Performance Certificate: Current energy efficiency rating and certificate
7. Insurance Certificates: Existing building insurance documentation
8. Payment Schedule: Detailed schedule of payment installments and timing
9. Photographs: Documentary photographs of property condition at time of sale
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