Real Estate Purchase Agreement Addendum for Switzerland

Real Estate Purchase Agreement Addendum Template for Switzerland

A legally binding document governed by Swiss law that modifies or supplements an existing real estate purchase agreement. This document must comply with strict Swiss formal requirements, including mandatory public authentication by a notary. The addendum can address various modifications to the original agreement, such as purchase price adjustments, closing date changes, or property specification updates. It must conform to both federal Swiss law, including the Swiss Civil Code (ZGB) and Code of Obligations (OR), as well as relevant cantonal regulations governing real estate transactions.

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What is a Real Estate Purchase Agreement Addendum?

The Real Estate Purchase Agreement Addendum is a crucial document used in Swiss property transactions when parties need to modify terms of an existing purchase agreement. This document becomes necessary when circumstances require changes to the original agreement, such as price adjustments, timeline modifications, or updates to property specifications. Under Swiss law, particularly the Civil Code (ZGB) and Code of Obligations (OR), any modification to a real estate purchase agreement must meet strict formal requirements, including public authentication by a notary. The addendum must carefully reference the original agreement while clearly stating all modifications, ensuring compliance with federal regulations like Lex Koller for foreign buyers, and adhering to specific cantonal requirements for property transfers. This document is particularly important in complex real estate transactions where flexibility is needed while maintaining legal certainty and compliance with Swiss property law.

What sections should be included in a Real Estate Purchase Agreement Addendum?

1. Parties: Identification of all parties to the original purchase agreement, including their full legal names, addresses, and any registration numbers for legal entities

2. Background: Reference to the original purchase agreement, including its date and any previous addenda, plus the reasons for this addendum

3. Definitions: Key terms used in the addendum, including references to definitions from the original agreement that remain applicable

4. Reference to Original Agreement: Specific clause confirming the continued validity of the original agreement except as modified by this addendum

5. Modifications: Detailed description of each change to the original agreement, with specific reference to the clauses being modified

6. Integration Clause: Statement on how this addendum integrates with the original agreement and any previous addenda

7. Confirmation of Other Terms: Confirmation that all other terms of the original agreement remain unchanged and in full force

8. Authentication Requirements: Statement regarding the need for public authentication as required by Swiss law

9. Governing Law: Confirmation of Swiss law as the governing law and reference to relevant cantonal jurisdiction

10. Execution: Signature blocks for all parties and notarial authentication section

What sections are optional to include in a Real Estate Purchase Agreement Addendum?

1. Purchase Price Adjustment: Required when the addendum modifies the original purchase price or payment terms

2. Closing Date Modification: Used when changing the original closing date or related timelines

3. Property Description Update: Needed if there are any changes to the property description or included items

4. Conditions Precedent: Required when adding or modifying conditions that must be met before closing

5. Lex Koller Compliance: Required when the addendum involves foreign buyers or changes that might affect Lex Koller compliance

6. Mortgage Provisions: Included when the addendum affects existing or new mortgage arrangements

7. Tax Implications: Added when the modifications have specific tax consequences that need to be addressed

8. Insurance Requirements: Used when modifying insurance requirements or responsibilities

What schedules should be included in a Real Estate Purchase Agreement Addendum?

1. Schedule A - Modified Terms: Detailed listing of all specific terms being modified from the original agreement

2. Schedule B - Updated Property Details: Any changes to property specifications, boundaries, or included items

3. Schedule C - Revised Payment Schedule: If applicable, updated payment terms and schedules

4. Schedule D - Modified Closing Requirements: Changes to closing requirements or procedures

5. Appendix 1 - Updated Due Diligence Documents: Any new or modified due diligence materials related to the changes

6. Appendix 2 - Regulatory Approvals: Copies of any required new regulatory or municipal approvals

7. Appendix 3 - Updated Property Plans: Modified property plans or surveys if relevant to the changes

8. Appendix 4 - Notarial Requirements: Specific cantonal notarial requirements for the addendum

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

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Commercial Property

Residential Property

Hospitality

Retail Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Investment

Development

Acquisitions

Asset Management

Risk Management

Corporate Services

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Notary Public

Corporate Counsel

Property Manager

Investment Manager

Compliance Officer

Real Estate Investment Director

Transaction Manager

Legal Counsel

Asset Manager

Development Director

Acquisitions Manager

Real Estate Portfolio Manager

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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