The Real Estate Contract is a fundamental legal document used in Switzerland for property transactions, whether residential or commercial. It serves as the primary instrument for transferring real estate ownership and must be executed in accordance with strict Swiss legal requirements. The contract must be notarially authenticated and registered with the local land registry to be legally valid. It incorporates essential elements required by the Swiss Civil Code and Code of Obligations, including precise property description, price, payment terms, and transfer conditions. The document must account for various Swiss-specific considerations such as cantonal property transfer taxes, Lex Koller restrictions for foreign buyers, and local zoning regulations. This contract type is crucial for ensuring legal certainty in property transactions and protecting both buyers' and sellers' interests under Swiss law.
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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 brief description of the property being sold
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 schedule of payments
6. Payment Terms and Financing: Details of how and when payments will be made, including any mortgage arrangements
7. Transfer of Ownership: Process and conditions for transferring property title
8. Warranties and Representations: Seller's warranties regarding property condition, ownership, and encumbrances
9. Handover Conditions: Terms and timing of property possession transfer
10. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
11. Land Register Entry: Provisions regarding registration in the land register
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
1. Tenant Rights: Required if the property is currently leased - details of existing tenancy agreements
2. Mortgage Assumption: Used when existing mortgages are being transferred to the buyer
3. Property Defects: Specific provisions regarding known defects or ongoing repairs
4. Environmental Provisions: Required if there are environmental issues or contamination concerns
5. Foreign Buyer Provisions: Required for foreign buyers subject to Lex Koller restrictions
6. Development Rights: Included when there are pending or potential development opportunities
7. Easements and Servitudes: Required when specific rights of way or other easements exist
8. Condition Precedents: Special conditions that must be met before completion
1. Property Plans: Official cadastral plans and property boundaries
2. Land Register Extract: Current extract from the land register showing ownership and encumbrances
3. Property Inventory: List of included fixtures, fittings, and equipment
4. Building Permits: Copies of existing building permits and certificates
5. Technical Reports: Building inspection reports, energy certificates, and technical assessments
6. Insurance Certificates: Current building insurance documentation
7. Existing Contracts: Copies of relevant service contracts, warranties, and maintenance agreements
8. Payment Schedule: Detailed schedule of payment installments and due dates
Relevant legal definitions
Agreement
Property
Land Register (Grundbuch)
Purchase Price
Completion Date
Transfer Date
Notarial Deed
Encumbrances
Easements
Servitudes
Cantonal Requirements
Land Registry Extract
Permitted Use
Building Regulations
Completion Requirements
Due Diligence Period
Earnest Money
Environmental Laws
Fixtures and Fittings
Force Majeure
Handover Protocol
Insurance Certificate
Land Registry Office
Material Adverse Change
Mortgage
Notary Public
Payment Schedule
Planning Permissions
Property Rights
Public Law Restrictions
Purchase Tax
Real Estate Levy
Registration Requirements
Signing Date
Survey Plan
Technical Documentation
Title Deed
Transfer Tax
Warranties
Zoning Regulations
Lex Koller Requirements
Business Day
Confidential Information
Defects
Existing Tenancies
Material Breach
Permitted Assignees
Building Insurance
Transfer Documentation
Property
Land Register (Grundbuch)
Purchase Price
Completion Date
Transfer Date
Notarial Deed
Encumbrances
Easements
Servitudes
Cantonal Requirements
Land Registry Extract
Permitted Use
Building Regulations
Completion Requirements
Due Diligence Period
Earnest Money
Environmental Laws
Fixtures and Fittings
Force Majeure
Handover Protocol
Insurance Certificate
Land Registry Office
Material Adverse Change
Mortgage
Notary Public
Payment Schedule
Planning Permissions
Property Rights
Public Law Restrictions
Purchase Tax
Real Estate Levy
Registration Requirements
Signing Date
Survey Plan
Technical Documentation
Title Deed
Transfer Tax
Warranties
Zoning Regulations
Lex Koller Requirements
Business Day
Confidential Information
Defects
Existing Tenancies
Material Breach
Permitted Assignees
Building Insurance
Transfer Documentation
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Ownership
Title Warranty
Property Condition
Due Diligence
Representations and Warranties
Environmental Compliance
Land Registry Requirements
Notarization Requirements
Insurance
Property Access
Handover Provisions
Tax Obligations
Building Regulations
Zoning Compliance
Foreign Ownership
Mortgage Provisions
Default
Force Majeure
Termination
Dispute Resolution
Governing Law
Confidentiality
Assignment
Notices
Entire Agreement
Severability
Costs and Expenses
Existing Tenancies
Easements and Servitudes
Planning Permissions
Pre-emption Rights
Registration Requirements
Property Defects
Completion Requirements
Risk Transfer
Amendment
Survival
Purchase Price
Payment Terms
Transfer of Ownership
Title Warranty
Property Condition
Due Diligence
Representations and Warranties
Environmental Compliance
Land Registry Requirements
Notarization Requirements
Insurance
Property Access
Handover Provisions
Tax Obligations
Building Regulations
Zoning Compliance
Foreign Ownership
Mortgage Provisions
Default
Force Majeure
Termination
Dispute Resolution
Governing Law
Confidentiality
Assignment
Notices
Entire Agreement
Severability
Costs and Expenses
Existing Tenancies
Easements and Servitudes
Planning Permissions
Pre-emption Rights
Registration Requirements
Property Defects
Completion Requirements
Risk Transfer
Amendment
Survival
Relevant Industries
Real Estate
Legal Services
Banking & Finance
Insurance
Construction
Property Development
Property Management
Environmental Services
Professional Services
Public Sector
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Finance
Operations
Property Management
Asset Management
Investment
Business Development
Due Diligence
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary Public
Legal Counsel
Real Estate Development Manager
Property Investment Manager
Compliance Officer
Risk Manager
Real Estate Transaction Manager
Asset Manager
Property Portfolio Manager
Real Estate Finance Manager
Real Estate Operations Director
Land Registry Officer
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