The House Contract is a fundamental legal instrument in Swiss property transactions, essential for both private and commercial property transfers in Switzerland. This document is required whenever residential property ownership is transferred between parties, whether they are private individuals, companies, or other legal entities. The contract must comply with strict Swiss legal requirements, including mandatory notarization and registration with cantonal authorities. It incorporates provisions from the Swiss Civil Code, Code of Obligations, and relevant cantonal laws, addressing crucial elements such as property description, purchase price, payment terms, warranties, and transfer conditions. For foreign buyers, additional provisions ensuring compliance with Lex Koller regulations must be included. The document serves as the primary legal basis for the property transfer and must be drafted with precision to ensure enforceability and protection of all parties' interests.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and any relevant registration numbers
2. Background: Context of the sale and brief description of the property and transaction
3. Definitions: Key terms used throughout the agreement including Property, Completion Date, Purchase Price, etc.
4. Property Description: Detailed description of the property including land registry details, lot number, address, and size
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Schedule of payments, method of payment, and banking details
7. Completion: Conditions and process for completing the sale, including registration requirements
8. Seller's Warranties: Warranties regarding property ownership, condition, and absence of encumbrances
9. Property Transfer: Process and requirements for legal transfer of the property
10. Costs and Taxes: Allocation of notary fees, transfer taxes, and other transaction costs
11. Governing Law: Confirmation of Swiss law application and relevant canton jurisdiction
1. Foreign Buyer Provisions: Required when buyer is foreign, addressing Lex Koller requirements
2. Mortgage Provisions: Include when purchase involves mortgage financing
3. Condition Precedents: Special conditions that must be met before completion
4. Existing Tenancies: Required when property has existing tenants
5. Construction/Renovation Requirements: Include when property requires specific works before/after sale
6. Environmental Provisions: Required when property has known environmental issues
7. Property Management: Include for transition period arrangements if needed
8. Insurance: Special insurance requirements during transition period
1. Property Details: Detailed technical description, including floor plans and land registry extract
2. Inventory: List of fixtures, fittings, and any included furniture
3. Due Diligence Documents: Property inspection reports, energy certificates, and building permits
4. Payment Schedule: Detailed breakdown of payment installments and timing
5. Property Photographs: Current photographs documenting property condition
6. Existing Contracts: Copies of relevant service contracts, warranties, or maintenance agreements
7. Land Registry Documents: Official extracts and plans from land registry
8. Building Insurance: Current building insurance certificates and details
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking
Insurance
Construction
Property Management
Financial Services
Public Administration
Notarial Services
Property Development
Property Investment
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Finance
Risk Management
Operations
Acquisitions
Investment
Administrative Support
Document Management
Transaction Processing
Relevant Roles
Real Estate Agent
Property Lawyer
Notary Public
Property Manager
Legal Counsel
Conveyancing Manager
Real Estate Investment Manager
Mortgage Advisor
Property Development Manager
Real Estate Transaction Coordinator
Compliance Officer
Real Estate Portfolio Manager
Property Acquisitions Manager
Real Estate Legal Assistant
Land Registry Officer
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