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Notice Of Intent To Sell Template for Switzerland

A Notice of Intent to Sell is a formal document used in Swiss property transactions to officially declare a property owner's intention to sell their real estate. This document, governed by Swiss federal and cantonal laws, serves as a preliminary step in the property sale process and must comply with specific Swiss legal requirements, including proper property identification and ownership verification. The notice typically includes detailed property information, proposed terms of sale, and relevant supporting documentation, while adhering to Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements. It may also need to address specific cantonal regulations and consider potential restrictions under the Lex Koller for foreign buyers.

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What is a Notice Of Intent To Sell?

A Notice of Intent to Sell is a crucial document in Swiss property transactions that formally initiates the sale process of real estate. This document is required when a property owner wishes to officially announce their intention to sell their property and begins the formal sales process under Swiss law. The notice must comply with both federal Swiss legislation (including the Swiss Civil Code and Code of Obligations) and specific cantonal requirements. It serves multiple purposes: officially documenting the seller's intention, providing essential property information to potential buyers, and fulfilling legal notification requirements, particularly when there are existing tenants or rights of first refusal. The document typically precedes the formal sale agreement and must include specific details about the property, intended timeline, and basic terms of sale. It's particularly important in Switzerland due to the stringent requirements for property transfers and the need for transparency in real estate transactions.

What sections should be included in a Notice Of Intent To Sell?

1. Sender Details: Full name, address, and contact information of the property owner/seller

2. Date: Official date of the notice

3. Property Identification: Complete legal description of the property including address, land register details, and property identification numbers

4. Declaration of Intent: Clear statement of intention to sell the property

5. Property Description: Brief description of the property including type, size, and key features

6. Proposed Timeline: Intended timeframe for the sale process

7. Basic Terms: Fundamental terms of the proposed sale including asking price and any non-negotiable conditions

8. Contact Information: Details for further communication and property viewing arrangements

What sections are optional to include in a Notice Of Intent To Sell?

1. Tenant Notice: Required when the property is currently tenanted, informing of the intention to sell and any impact on existing lease agreements

2. Legal Restrictions: Include when there are specific legal restrictions affecting the sale (e.g., Lex Koller restrictions for foreign buyers)

3. Current Encumbrances: Include when there are existing mortgages, easements, or other encumbrances that potential buyers should be aware of

4. Right of First Refusal: Include when there are existing rights of first refusal that need to be acknowledged

5. Development Potential: Include when there are relevant zoning regulations or development opportunities that might interest potential buyers

What schedules should be included in a Notice Of Intent To Sell?

1. Property Documentation: Recent land register extract (Grundbuchauszug), floor plans, and property photographs

2. Technical Documentation: Building permits, recent inspection reports, and energy certificates

3. Financial Information: Property tax assessment, current insurance certificates, and utility costs overview

4. Environmental Reports: Any relevant environmental assessments or certificates

5. Tenant Documentation: If applicable, current lease agreements and rental payment history

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Notice of Intent

Cost

Free to use

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