Real Estate Contract Form for Switzerland

Real Estate Contract Form Template for Switzerland

This document serves as a standardized real estate contract form compliant with Swiss federal and cantonal laws, specifically designed for property transactions in Switzerland. It incorporates all necessary elements required by the Swiss Civil Code (ZGB) and Code of Obligations (OR), including detailed property descriptions, price arrangements, and transfer conditions. The contract ensures compliance with Swiss notarization requirements and includes provisions for land registry registration, making it suitable for both residential and commercial property transactions while accommodating specific cantonal requirements and Lex Koller provisions for foreign buyers where applicable.

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What is a Real Estate Contract Form?

The Real Estate Contract Form is a comprehensive legal document essential for property transactions in Switzerland. It is designed to comply with stringent Swiss legal requirements, including mandatory notarization and specific cantonal regulations. This document is utilized when transferring ownership of real estate properties, whether residential or commercial, and must conform to both the Swiss Civil Code and Code of Obligations. The contract form includes mandatory provisions for property description, price, payment terms, and transfer conditions, while also addressing specific requirements such as land registry registration and Lex Koller compliance for foreign buyers. It serves as a foundational document that can be customized based on transaction specifics while maintaining compliance with Swiss legal standards.

What sections should be included in a Real Estate Contract Form?

1. Parties: Detailed identification of seller and buyer, including full legal names, addresses, and identification numbers

2. Background: Context of the transaction and brief property history

3. Definitions: Key terms used throughout the contract

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 payment schedule

6. Payment Method and Security: Details of payment mechanism and any required security arrangements

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

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

9. Handover Conditions: Timing and conditions for property handover

10. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs

11. Land Registry: Provisions regarding land registry registration process

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

13. Final Provisions: Formal closing provisions including number of copies and authentication requirements

What sections are optional to include in a Real Estate Contract Form?

1. Existing Tenancies: Details of current tenants and lease agreements, used when property is sold with existing tenants

2. Mortgage Arrangements: Details of existing or new mortgage arrangements, used when property is encumbered

3. Construction/Renovation Obligations: Specific obligations regarding pending or required construction work, used for properties under development

4. Environmental Provisions: Specific provisions regarding environmental issues, used when property has potential contamination

5. Pre-emption Rights: Details of any pre-emption rights, used when such rights exist or are being created

6. Foreign Ownership Compliance: Lex Koller compliance provisions, used when buyer is foreign

7. Property Management: Transitional property management arrangements, used for multi-unit properties

8. Easements and Restrictions: Detailed provisions about specific easements or use restrictions, used when applicable

What schedules should be included in a Real Estate Contract Form?

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

2. Land Registry Extract: Current extract from the land registry

3. Property Inventory: Detailed inventory of included fixtures and fittings

4. Existing Contracts: Copies of relevant existing contracts (maintenance, tenancy, etc.)

5. Technical Documentation: Building permits, technical specifications, and maintenance records

6. Environmental Reports: Any environmental assessments or contamination reports

7. Insurance Certificates: Current property insurance documentation

8. Payment Schedule: Detailed schedule of payment installments and deadlines

9. Photographs: Current dated photographs of the property condition

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Banking and Finance

Legal Services

Insurance

Construction

Property Development

Property Management

Urban Planning

Environmental Services

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Investment

Asset Management

Due Diligence

Risk Management

Operations

Finance

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Land Registry Officer

Property Developer

Investment Manager

Compliance Officer

Real Estate Investment Advisor

Asset Manager

Property Surveyor

Transaction Manager

Due Diligence Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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