The Real Estate Purchase Contract is a fundamental legal document used in Switzerland for transferring ownership of real property between parties. It is essential for any real estate transaction in Switzerland, whether residential, commercial, or industrial. The document must comply with strict Swiss federal and cantonal regulations, including mandatory notarization requirements and land registry procedures. This contract type is particularly important as real estate transactions in Switzerland involve significant formal requirements and specific legal protections for both buyers and sellers. The document includes crucial information about the property, parties, purchase price, payment terms, warranties, and transfer conditions. It must address various aspects such as existing mortgages, land registry requirements, and potential restrictions under laws like Lex Koller for foreign buyers. The contract serves as the foundation for the property transfer process and must be carefully drafted to ensure enforceability and compliance with all applicable Swiss laws.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and identification numbers
2. Background: Context of the transaction and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property, including land registry details and parcel numbers
5. Purchase Price: Agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Closing Conditions: Prerequisites for completion of the transaction
9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
10. Registration: Provisions regarding land registry registration process
11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Signature requirements and notarization provisions
1. Mortgage Arrangements: Terms regarding existing or new mortgages, used when property has existing financing or requires new financing
2. Tenant Provisions: Details about existing tenancy agreements, used when property is currently leased
3. Construction Obligations: Requirements for incomplete properties or planned renovations, used for properties under construction
4. Environmental Provisions: Special terms regarding environmental issues, used when environmental concerns exist
5. Foreign Buyer Provisions: Additional requirements under Lex Koller, used when buyer is a foreign person or entity
6. Furniture and Fixtures: List of included/excluded movable items, used when sale includes furniture or specific fixtures
7. Usage Restrictions: Special terms regarding property use limitations, used when specific restrictions apply
8. Right of First Refusal: Terms regarding future sale restrictions, used when parties agree to future purchase rights
1. Property Details: Detailed technical description, floor plans, and property boundaries
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Property Condition Report: Technical assessment of property condition and any known defects
4. Inventory List: Detailed list of included furniture and fixtures, if applicable
5. Building Permits: Copies of relevant building permits and certificates
6. Insurance Certificates: Current building insurance documentation
7. Energy Performance Certificate: Energy efficiency rating and documentation
8. Payment Schedule: Detailed breakdown of payment installments and timing
9. Existing Contracts: Copies of relevant service contracts, warranties, and maintenance agreements
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