The House Sales Contract On For Sale By Owner (FSBO) is a critical legal instrument in Swiss property transactions where sellers choose to conduct the sale without real estate agent representation. This document type is particularly relevant in the Swiss market where property transactions require strict legal compliance and notarial authentication. It's designed for use when property owners wish to maximize their control over the sales process while minimizing third-party costs. The contract must comply with federal Swiss law, including the Civil Code (ZGB) and Code of Obligations (OR), as well as specific cantonal requirements. It encompasses all necessary elements for a valid property transfer, from detailed property descriptions to specific warranties and representations, while accounting for Swiss-specific requirements such as notarization and land registry procedures.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and citizenship status (relevant for Lex Koller compliance)
2. Background: Context of the sale, including brief property history and current ownership status
3. Definitions: Key terms used throughout the agreement, including property-specific terminology
4. Property Description: Detailed description of the property including land registry details, lot number, address, size, and boundaries
5. Purchase Price: Agreed purchase price, payment structure, and payment methods
6. Transfer of Ownership: Terms and process for transferring property ownership, including land registry requirements
7. Representations and Warranties: Seller's declarations about property condition, encumbrances, and known defects
8. Closing Process: Steps and requirements for completing the sale, including notarization requirements
9. Transfer of Possession: Timeline and conditions for transferring physical possession of the property
10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
11. Governing Law: Confirmation of Swiss law application and relevant canton jurisdiction
12. Signatures: Space for parties' signatures and notarial authentication
1. Mortgage Arrangements: Used when existing mortgages need to be addressed or new financing arrangements are relevant
2. Special Property Rights: Included when there are easements, rights of way, or other special property rights to be transferred
3. Fixtures and Fittings: Detailed when specific items included/excluded from sale need to be listed
4. Construction Guarantees: Required for newer properties with ongoing construction warranties
5. Environmental Provisions: Included when environmental issues or special regulations affect the property
6. Tenant Provisions: Required when property is sold with existing tenants
7. Foreign Buyer Provisions: Necessary when buyer is foreign, addressing Lex Koller requirements
8. Condition Precedents: Used when sale depends on specific conditions being met before completion
1. Property Plan: Official land registry extract and property plans
2. Title Documents: Current land registry entries and ownership documentation
3. Property Inventory: List of fixtures, fittings, and items included in the sale
4. Building Documentation: Building permits, certificates, and technical documentation
5. Property Inspection Report: Recent property condition assessment reports
6. Encumbrance Schedule: List of existing mortgages, easements, or other encumbrances
7. Payment Schedule: Detailed breakdown of payment installments and timing
8. Insurance Certificates: Current property insurance documentation
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