Real Estate Sales Contract for Switzerland

Real Estate Sales Contract Template for Switzerland

A comprehensive legal document governed by Swiss law that formalizes the sale and purchase of real estate property in Switzerland. This contract must comply with the Swiss Civil Code (ZGB) and Code of Obligations (OR), requiring notarization and registration in the land registry. It includes detailed provisions for property transfer, payment terms, warranties, and closing conditions, while addressing specific Swiss regulatory requirements such as Lex Koller for foreign buyers and cantonal property transfer regulations. The document ensures legal certainty for both parties and serves as the basis for the official property transfer registration.

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What is a Real Estate Sales Contract?

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.

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

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

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

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

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

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

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

Banking and Finance

Legal Services

Construction

Property Development

Hospitality

Retail

Industrial

Agriculture

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Finance

Investment

Property Management

Corporate Development

Risk Management

Asset Management

Business Development

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Notary Public

Real Estate Agent

Property Manager

Investment Manager

Facilities Manager

Corporate Lawyer

Compliance Officer

Real Estate Investment Director

Asset Manager

Transaction Manager

Chief Financial Officer

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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