The Sale Deed Agreement is a crucial legal instrument in Swiss property transactions, used whenever real estate ownership is transferred between parties. This document type is governed by Swiss federal and cantonal laws, requiring strict adherence to formal requirements including notarization and registration in the land registry (Grundbuch). The agreement captures essential details about the property, parties involved, purchase price, payment terms, and warranties, while ensuring compliance with Swiss Civil Code and Code of Obligations. It must address specific cantonal requirements for property transfers, tax implications, and special provisions such as Lex Koller restrictions for foreign buyers. The Sale Deed Agreement serves as the definitive evidence of property transfer and must be executed with precision to ensure legal validity and proper registration of ownership changes.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and if applicable, company registration details as required by Swiss law
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and Swiss legal concepts
4. Property Description: Detailed description of the property including land registry details, plot number, size, and location as per Swiss Grundbuch requirements
5. Purchase Price: Statement of the purchase price, payment terms, and payment schedule in accordance with Swiss banking regulations
6. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including registration requirements in the land registry
7. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and other legally required declarations
8. Buyer's Confirmations: Confirmations regarding property inspection, acceptance of condition, and financial capability
9. Costs and Taxes: Allocation of notary fees, registration costs, and property transfer taxes between parties
10. Completion Requirements: Steps required for completion of the sale, including notarization and registration procedures
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
12. Execution: Signature blocks for parties and notarial certification requirements
1. Mortgage Arrangements: Required when existing mortgages need to be discharged or new mortgages are being arranged
2. Tenancy Provisions: Needed when the property is subject to existing tenancy agreements
3. Foreign Buyer Provisions: Required when the buyer is foreign, addressing Lex Koller requirements
4. Construction Obligations: Necessary when the property involves incomplete construction or planned renovations
5. Environmental Provisions: Required when environmental issues or contamination need to be addressed
6. Easements and Rights of Way: Included when specific easements or rights need to be addressed or created
7. Pre-emption Rights: Required when there are existing pre-emption rights or new ones being created
1. Property Details: Detailed technical description, including land registry extract (Grundbuchauszug) and property plans
2. Title Documents: Copies of relevant title documents and historical ownership records
3. Property Condition Report: Technical assessment of property condition and any identified defects
4. Inventory: List of included fixtures, fittings, and other items included in the sale
5. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
6. Existing Encumbrances: List of existing mortgages, easements, or other encumbrances
7. Required Permits: Copies of building permits, usage permits, and other relevant authorizations
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