The Contract of Purchase and Sale for Commercial (Real Estate) is a crucial legal instrument used in Swiss commercial property transactions. It is specifically designed to comply with Swiss federal and cantonal laws, including the Swiss Civil Code (ZGB) and Code of Obligations (OR). This document is essential when transferring ownership of commercial properties such as office buildings, retail spaces, industrial facilities, or mixed-use developments in Switzerland. It must be executed before a notary public and includes detailed provisions on property description, purchase price, payment terms, warranties, and closing conditions. The contract addresses unique Swiss legal requirements such as land registry procedures, VAT implications, and cantonal property transfer taxes. It's particularly important for ensuring compliance with Swiss property law while protecting both parties' interests in complex commercial real estate transactions.
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1. Parties: Full legal identification of the seller and purchaser, including company registration details and addresses
2. Background: Context of the transaction and brief description of the commercial property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot numbers, and exact measurements as per Swiss cadastral survey
5. Purchase Price: Specification of the purchase price, payment terms, and VAT implications
6. Payment Terms: Schedule of payments, including deposit, installments, and final payment details
7. Closing Conditions: Prerequisites for completion of the sale, including regulatory approvals and financing conditions
8. Transfer of Ownership: Process and conditions for transferring title, including land registry requirements
9. Representations and Warranties: Seller's warranties regarding property condition, title, and encumbrances
10. Due Diligence: Buyer's inspection rights and due diligence process
11. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
12. Handover: Terms and process for physical handover of the property
13. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. Notices: Process for formal communications between parties
15. General Provisions: Standard contractual provisions including severability and entire agreement clauses
1. Existing Tenancies: Details of current lease agreements and tenant obligations (include if property is tenanted)
2. Environmental Provisions: Specific provisions regarding environmental issues or contamination (include if environmental concerns exist)
3. Development Rights: Details of any development potential or restrictions (include if development opportunities exist)
4. Mortgage Arrangements: Details of existing or new mortgage arrangements (include if property is mortgaged)
5. Property Management: Interim property management arrangements (include if relevant between signing and closing)
6. Foreign Investment Provisions: Specific provisions related to Lex Koller (include if purchaser is foreign)
7. Service Contracts: Treatment of existing service contracts (include if relevant contracts exist)
8. Construction Obligations: Ongoing construction or renovation obligations (include if property is under development)
1. Property Plans: Official cadastral plans and property boundaries
2. Land Registry Extract: Current extract from the land registry (Grundbuch)
3. Property Inventory: Detailed inventory of included fixtures and fittings
4. Due Diligence Reports: Technical, environmental, and legal due diligence findings
5. Existing Leases: Copies of current lease agreements
6. Building Permits: Copies of relevant building permits and certificates
7. Service Contracts: List and copies of ongoing service contracts
8. Insurance Certificates: Current building insurance certificates
9. Property Photos: Current photographs of the property
10. Payment Schedule: Detailed schedule of payment installments and conditions
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