The Apartment Sales Contract is a formal legal document used in Switzerland for the transfer of apartment ownership between parties. This contract type must comply with strict Swiss legal requirements, including mandatory notarization and registration in the cantonal land registry. It incorporates provisions from the Swiss Civil Code (ZGB) and Code of Obligations (OR), addressing all aspects of the property transfer from purchase price and payment terms to warranties and handover conditions. The document is particularly important in the Swiss context due to specific regulations such as cantonal property laws, condominium ownership rules (Stockwerkeigentum), and the Lex Koller restrictions on foreign ownership. It serves as the primary instrument for documenting the terms and conditions of the apartment sale while ensuring legal compliance and protecting both parties' interests.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and identification numbers
2. Background: Context of the sale and brief description of the property
3. Definitions: Definitions of key terms used throughout the contract
4. Property Description: Detailed description of the apartment, including land registry details, floor area, and room configuration
5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership
7. Warranties and Representations: Seller's warranties regarding property condition, ownership, and encumbrances
8. Handover Conditions: Terms and timing of property handover, including condition requirements
9. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties
10. Land Registry Registration: Provisions regarding registration of ownership transfer in land registry
11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Notarization: Acknowledgment of notarization requirement and process
1. Mortgage Arrangements: Include when buyer is taking over existing mortgage or requiring new financing
2. Lex Koller Compliance: Required when buyer is a foreign national or entity subject to Lex Koller restrictions
3. Condominium Association Rules: Include when property is part of a larger condominium complex with specific rules
4. Renovation Agreements: Include when specific renovations are agreed as part of the sale
5. Parking Space/Storage: Include when additional facilities are part of the sale
6. Tenant Provisions: Include when property is currently rented and includes existing tenancy
7. Special Use Rights: Include when there are specific use rights or restrictions attached to the property
8. Environmental Provisions: Include when there are environmental issues or requirements to address
1. Floor Plan: Detailed floor plan of the apartment with measurements
2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances
3. Inventory List: List of fixtures, fittings, and other items included in the sale
4. Condition Report: Detailed report on the current condition of the property
5. Payment Schedule: Detailed schedule of payment installments and deadlines
6. Building Insurance Certificate: Current building insurance documentation
7. Energy Performance Certificate: Energy efficiency rating and certification
8. Condominium Rules: Copy of applicable condominium association rules and regulations
9. Technical Documentation: Technical specifications and maintenance records for installations
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