The Land Agreement is a crucial legal instrument in Swiss property transactions, used whenever real estate ownership is transferred between parties. This document type is fundamental to Switzerland's property market and must strictly comply with federal laws (particularly the ZGB and OR) and relevant cantonal regulations. The agreement serves multiple purposes: it defines the exact property being transferred, establishes the terms and conditions of the transfer, outlines financial obligations, and ensures compliance with Swiss property transfer requirements. It's particularly important as Swiss law requires specific formalities for property transfers, including notarization and registration in the land registry. The document must address various aspects such as property description, price, payment terms, warranties, and special considerations like Lex Koller compliance for foreign buyers or BGBB requirements for agricultural land.
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1. Parties: Detailed identification of all parties involved, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief history of the property transaction
3. Definitions: Key terms used throughout the agreement, including property-specific terminology
4. Property Description: Detailed description of the land including cadastral details, boundaries, and land registry information
5. Purchase Price and Payment Terms: Complete financial terms including price, payment schedule, and method of payment
6. Transfer of Ownership: Process and conditions for transferring property ownership via the land registry
7. Representations and Warranties: Statements about the property's condition, ownership, and absence of encumbrances
8. Due Diligence: Requirements for property inspection and document verification
9. Costs and Taxes: Allocation of transfer taxes, notary fees, and registration costs
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
11. Signing Requirements: Notarization requirements and execution formalities
1. Mortgage Provisions: Required when the purchase involves mortgage financing
2. Lex Koller Compliance: Required for foreign buyers, addressing compliance with foreign ownership restrictions
3. Construction Rights: Included when the agreement involves future construction or development rights
4. Agricultural Land Provisions: Required when the property includes agricultural land subject to BGBB
5. Environmental Provisions: Required when there are environmental concerns or restrictions
6. Easements and Rights of Way: Included when specific access rights or easements need to be addressed
7. Tenant Rights: Required when the property is subject to existing tenancy agreements
1. Property Plan: Official cadastral survey plan and property boundaries
2. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)
3. Property Photos: Current photographs of the property and buildings
4. Building Permits: Copies of existing building permits and plans
5. Environmental Reports: Any environmental assessments or contamination reports
6. Easement Documentation: Details of any existing easements or rights of way
7. Payment Schedule: Detailed schedule of payment instalments if applicable
8. Due Diligence Documents: List of all documents provided during due diligence
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