The Registered Agreement For Sale is a crucial document in Swiss real estate transactions, used whenever there is a transfer of real property ownership. This agreement type is specifically designed to meet the stringent requirements of Swiss property law, including both federal and cantonal regulations. It serves as the primary document for recording the terms and conditions of property sales, ensuring compliance with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements. The document must be notarized and registered with the land registry (Grundbuch) to effect the legal transfer of property ownership. It includes essential elements such as precise property identification, payment terms, warranties, and specific provisions required by Swiss law, such as Lex Koller compliance for foreign buyers. The agreement's format and content are carefully structured to ensure acceptance by Swiss authorities and to provide legal certainty for all parties involved in the transaction.
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1. Parties: Detailed identification of the seller and buyer, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the sale, including brief property history and purpose of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot number, size, and exact location
5. Purchase Price: Specification of the purchase price, currency, and payment structure
6. Payment Terms: Detailed payment schedule, deposit requirements, and financing conditions
7. Transfer of Ownership: Conditions and process for the transfer of property ownership
8. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
9. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties
10. Registration Requirements: Specific requirements for land registry registration
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Formal execution requirements including notarization provisions
1. Condition Precedents: Used when the sale is subject to specific conditions such as obtaining financing or permits
2. Foreign Buyer Provisions: Required when the buyer is a foreign national, addressing Lex Koller requirements
3. Existing Tenancies: Included when the property has existing tenants and their rights need to be addressed
4. Environmental Provisions: Required when there are environmental issues or contamination concerns
5. Construction/Renovation Obligations: Included when the sale involves incomplete construction or required renovations
6. Rights of First Refusal: Used when there are pre-existing rights of first refusal or when new ones are being created
7. Mortgage Assumption: Required when existing mortgages are being transferred to the buyer
1. Property Plans: Official cadastral plans and property boundaries
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Payment Schedule: Detailed breakdown of payment installments and timing
4. Property Inventory: List of included fixtures, fittings, and other items included in the sale
5. Due Diligence Documents: Technical reports, building permits, and other relevant documentation
6. Mortgage Documents: Details of existing mortgages and related obligations
7. Insurance Certificates: Current property insurance documentation
Relevant legal definitions
Agreement
Property
Land Register
Completion Date
Deposit
Purchase Price
Transfer Date
Encumbrances
Land Registry Extract
Notarial Deed
Signing Date
Business Day
Cantonal Authority
Due Diligence Period
Easements
Existing Tenancies
Fixtures and Fittings
Force Majeure
Grundbuch
Insurance Policies
Material Adverse Change
Mortgage
Notary Public
Permitted Use
Planning Permissions
Property Rights
Public Law Restrictions
Purchase Tax
Registration Fee
Seller's Warranties
Servitudes
Title Documents
Transfer Deed
VAT
Working Day
Property
Land Register
Completion Date
Deposit
Purchase Price
Transfer Date
Encumbrances
Land Registry Extract
Notarial Deed
Signing Date
Business Day
Cantonal Authority
Due Diligence Period
Easements
Existing Tenancies
Fixtures and Fittings
Force Majeure
Grundbuch
Insurance Policies
Material Adverse Change
Mortgage
Notary Public
Permitted Use
Planning Permissions
Property Rights
Public Law Restrictions
Purchase Tax
Registration Fee
Seller's Warranties
Servitudes
Title Documents
Transfer Deed
VAT
Working Day
Clauses
Identification of Parties
Property Description
Sale and Purchase
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Property Condition
Encumbrances
Registration Requirements
Notarization
Due Diligence
Taxes and Costs
Insurance
Risk Transfer
Environmental Compliance
Existing Tenancies
Property Access
Utilities and Services
Construction Permits
Land Use
Easements and Rights
Mortgage Provisions
Foreign Ownership
Anti-Money Laundering
Force Majeure
Default
Termination
Dispute Resolution
Governing Law
Severability
Assignment
Entire Agreement
Notices
Amendments
Survival
Property Description
Sale and Purchase
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Property Condition
Encumbrances
Registration Requirements
Notarization
Due Diligence
Taxes and Costs
Insurance
Risk Transfer
Environmental Compliance
Existing Tenancies
Property Access
Utilities and Services
Construction Permits
Land Use
Easements and Rights
Mortgage Provisions
Foreign Ownership
Anti-Money Laundering
Force Majeure
Default
Termination
Dispute Resolution
Governing Law
Severability
Assignment
Entire Agreement
Notices
Amendments
Survival
Relevant Industries
Real Estate
Construction
Property Development
Banking and Finance
Legal Services
Insurance
Investment
Hospitality
Retail
Industrial
Agricultural
Commercial Property
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Investment
Due Diligence
Finance
Risk Management
Operations
Business Development
Asset Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary Public
Land Registrar
Property Developer
Investment Manager
Real Estate Investment Advisor
Compliance Officer
Real Estate Portfolio Manager
Property Acquisition Manager
Real Estate Transaction Manager
Due Diligence Specialist
Real Estate Finance Manager
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