The Real Estate Sales Contract is a fundamental legal instrument used in Switzerland for transferring property ownership. It must be executed in accordance with Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). This document is essential whenever real estate property is bought or sold in Switzerland, whether for residential, commercial, or industrial purposes. The contract must be notarized and include specific elements required by Swiss law, such as precise property description, purchase price, payment terms, and transfer conditions. It addresses various aspects including property rights, encumbrances, warranties, and regulatory compliance, particularly important in Switzerland's highly regulated real estate market. The document serves as the foundation for the property transfer process and subsequent land registry registration.
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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 sale and brief description of the property and transaction
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, parcel numbers, size, and exact location
5. Purchase Price: Agreed purchase price, payment terms, and schedule of payments
6. Transfer of Ownership: Conditions and process for transferring title, including land registry requirements
7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status
8. Costs and Taxes: Allocation of notary fees, land registry fees, transfer taxes, and other transaction costs
9. Closing Conditions: Prerequisites for completion of the sale, including financing and regulatory approvals
10. Handover: Process and timing for physical handover of the property
11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and competent courts
12. Execution: Signature requirements and notarization provisions
1. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge or transfer - required when property has existing mortgage
2. Tenant Rights: Information about existing tenancies and their treatment - required for properties with current tenants
3. Environmental Provisions: Specific provisions regarding environmental conditions or contamination - required for properties with known environmental issues
4. Development Rights: Details of any development potential or restrictions - relevant for undeveloped land or properties with development potential
5. Fixtures and Fittings: Detailed list of items included/excluded from sale - relevant for furnished properties or specific inclusion/exclusion agreements
6. Lex Koller Compliance: Specific provisions ensuring compliance with foreign ownership restrictions - required for foreign buyers
7. Construction Warranties: Transfer of existing construction warranties - relevant for newly built properties
8. Right of First Refusal: Terms of any pre-emptive rights - optional but common in some circumstances
1. Property Plans: Official land registry plans and property boundaries
2. Land Register Extract: Current extract from the land register showing ownership and encumbrances
3. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable
4. Building Documentation: Building permits, certificates, and technical documentation
5. Environmental Reports: Any environmental assessments or contamination reports
6. Existing Leases: Copies of current lease agreements if property is tenanted
7. Insurance Certificates: Current building insurance documentation
8. Payment Schedule: Detailed schedule of payment installments and conditions
9. Due Diligence Reports: Technical, legal, and financial due diligence reports
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