The Contract for Ownership is a fundamental legal instrument in Swiss property law, used to formalize and execute the transfer of ownership rights between parties. This document is essential when transferring ownership of real estate, commercial property, or significant assets in Switzerland. It must comply with strict Swiss legal requirements, including the Swiss Civil Code (ZGB) and Code of Obligations (OR), and often requires notarization and registration with cantonal authorities. The contract encompasses crucial elements such as property description, purchase price, payment terms, warranties, and specific provisions required by Swiss law. It's particularly important to note that when foreign buyers are involved, the contract must address compliance with Lex Koller regulations. The document serves as the primary record of the transaction and basis for property registration in the Swiss Land Register (Grundbuch).
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1. Parties: Identification of the transferor (current owner) and transferee (new owner), including full legal names, addresses, and if applicable, company registration details
2. Background: Context of the ownership transfer, including brief history of the property and purpose of the transfer
3. Definitions: Definitions of key terms used throughout the contract, including Property, Completion Date, Purchase Price, etc.
4. Property Description: Detailed description of the property being transferred, including registration details, boundaries, and included fixtures/fittings
5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and conditions of the ownership transfer, including timing and registration requirements
7. Representations and Warranties: Declarations by both parties regarding their capacity to enter into the contract and statements about the property's condition
8. Due Diligence: Requirements for property inspection, document verification, and compliance checks
9. Completion Requirements: Steps to be taken for completion of the transfer, including documentation and registration
10. Costs and Taxes: Allocation of transfer costs, taxes, and registration fees between parties
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
12. Notices: Process and requirements for formal communications between parties
13. Execution: Signature requirements and execution formalities
1. Mortgage and Financing: Include when the purchase involves mortgage financing or special payment arrangements
2. Special Use Rights: Include when there are easements, rights of way, or other special rights attached to the property
3. Environmental Provisions: Include for properties with potential environmental concerns or requirements
4. Tenant Rights: Include when the property is subject to existing tenancy agreements
5. Foreign Ownership Compliance: Include when the transferee is a foreign national or entity (Lex Koller compliance)
6. Construction and Development: Include when the property includes ongoing or planned construction works
7. Co-ownership Rules: Include when the property will be owned by multiple parties
8. Pre-emption Rights: Include when there are rights of first refusal or other pre-emptive rights
1. Property Details: Detailed technical description of the property, including plans, measurements, and registration details
2. Land Register Extract: Current extract from the Swiss Land Register (Grundbuch)
3. Property Documentation: List of all property-related documents, certificates, and permits
4. Inventory: List of included fixtures, fittings, and other items included in the transfer
5. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
6. Due Diligence Reports: Technical, legal, and environmental assessment reports
7. Existing Contracts: Copies of relevant existing contracts affecting the property
8. Property Photos: Current photographs documenting the property's condition
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