The Deed of Sale (Real Estate) is a fundamental legal instrument in Swiss property transactions, required for any transfer of real estate ownership in Switzerland. This document is essential when selling or purchasing any type of real property, including residential, commercial, or industrial properties. It must be drafted in accordance with strict Swiss legal requirements, including mandatory notarization and registration with the cantonal land registry. The deed includes comprehensive details about the property, parties, price, payment terms, warranties, and specific conditions of sale. It serves as the official record of the property transfer and must comply with various regulations including the Swiss Civil Code, Code of Obligations, and relevant cantonal laws. When involving foreign buyers, additional considerations under the Lex Koller must be incorporated.
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Key Requirements PROMPT example:
Deed Of Sale (Real Estate)
"I need a Deed of Sale (Real Estate) for a luxury apartment in Zurich, where the buyer is a non-resident foreign investor, with completion planned for March 2025; the document must include Lex Koller compliance provisions and special clauses for included high-end furnishings."
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and any relevant registration numbers
2. Background: Brief context of the transaction and confirmation that the seller is the registered owner of the property
3. Definitions: Key terms used throughout the deed, including Property, Purchase Price, Completion Date, etc.
4. Property Description: Detailed legal description of the property including land registry details, plot number, size, and location
5. Purchase Price: The agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and conditions for the transfer of title and registration in the land registry
7. Warranties and Representations: Seller's warranties regarding property ownership, encumbrances, and condition
8. Costs and Taxes: Allocation of notary fees, transfer taxes, and registration costs
9. Completion: Details of the completion process, including timing and requirements
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and relevant cantonal jurisdiction
1. Existing Mortgages: Details of existing mortgages and their discharge, used when the property has existing mortgage charges
2. Tenant Rights: Information about existing tenancies and their treatment, included when the property is sold with sitting tenants
3. Environmental Provisions: Specific clauses regarding environmental conditions or contamination, included when relevant environmental issues exist
4. Building Permits: Details of existing or pending building permits, included for properties under development or with pending modifications
5. Special Usage Rights: Description of any special rights or easements, included when such rights exist
6. Foreign Buyer Provisions: Additional provisions required under Lex Koller, included when the buyer is a foreign person
7. Furniture and Fixtures: List of included/excluded items, used when the sale includes movable property
1. Property Plan: Official cadastral survey plan and property boundaries
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Property Inventory: Detailed inventory of included fixtures, fittings, and equipment
4. Building Insurance Certificate: Current building insurance documentation and value
5. Energy Performance Certificate: Energy efficiency rating and certification
6. Technical Documentation: Building plans, technical specifications, and maintenance records
7. Property Photographs: Official documentation of the property's current condition
8. Payment Schedule: Detailed schedule of payment terms and installments if applicable
Authors
Relevant legal definitions
Agreement
Property
Land Registry
Purchase Price
Completion Date
Transfer Date
Seller
Buyer
Notary
Cantonal Authority
Encumbrances
Title Deed
Land Register Extract
Cadastral Survey
Building Insurance Value
Transfer Tax
Notarial Deed
Completion Documents
Payment Terms
Registration Fee
Permitted Use
Property Rights
Easements
Public Law Restrictions
Building Regulations
Warranty Period
Force Majeure
Business Day
Fixtures and Fittings
Building Permits
Environmental Laws
Mortgage
Security Deposit
Possession
Existing Tenancies
Due Diligence Documents
Material Adverse Change
Property Charges
Completion Requirements
Governing Law
Property
Land Registry
Purchase Price
Completion Date
Transfer Date
Seller
Buyer
Notary
Cantonal Authority
Encumbrances
Title Deed
Land Register Extract
Cadastral Survey
Building Insurance Value
Transfer Tax
Notarial Deed
Completion Documents
Payment Terms
Registration Fee
Permitted Use
Property Rights
Easements
Public Law Restrictions
Building Regulations
Warranty Period
Force Majeure
Business Day
Fixtures and Fittings
Building Permits
Environmental Laws
Mortgage
Security Deposit
Possession
Existing Tenancies
Due Diligence Documents
Material Adverse Change
Property Charges
Completion Requirements
Governing Law
Clauses
Identification of Parties
Property Description
Ownership Transfer
Purchase Price
Payment Terms
Title Warranty
Property Condition
Encumbrances
Land Registry Registration
Possession and Transfer
Tax Obligations
Costs Allocation
Environmental Compliance
Building Regulations
Tenant Rights
Insurance
Due Diligence
Representations and Warranties
Completion Requirements
Default and Remedies
Force Majeure
Notarization
Governing Law
Jurisdiction
Severability
Entire Agreement
Assignment
Notices
Foreign Ownership Compliance
Property Access
Property Description
Ownership Transfer
Purchase Price
Payment Terms
Title Warranty
Property Condition
Encumbrances
Land Registry Registration
Possession and Transfer
Tax Obligations
Costs Allocation
Environmental Compliance
Building Regulations
Tenant Rights
Insurance
Due Diligence
Representations and Warranties
Completion Requirements
Default and Remedies
Force Majeure
Notarization
Governing Law
Jurisdiction
Severability
Entire Agreement
Assignment
Notices
Foreign Ownership Compliance
Property Access
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction
Property Development
Property Management
Investment
Hospitality
Retail
Commercial Property
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Investment
Finance
Acquisitions
Corporate Development
Asset Management
Risk Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary Public
Legal Counsel
Property Developer
Investment Manager
Real Estate Investment Director
Compliance Officer
Real Estate Transaction Manager
Land Registry Officer
Property Acquisitions Manager
Real Estate Portfolio Manager
Corporate Counsel
Real Estate Finance Manager
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