The Property Sale Contract is a fundamental legal instrument used in Swiss real estate transactions for transferring ownership of property from seller to buyer. It is essential for both residential and commercial property transactions in Switzerland, requiring mandatory notarization and registration in the land register (Grundbuch). This document must comply with federal regulations including the Swiss Civil Code and Code of Obligations, as well as relevant cantonal laws. The contract captures all essential elements of the transaction including precise property description, purchase price, payment terms, warranties, and specific conditions for transfer. When foreign buyers are involved, additional considerations under Lex Koller must be incorporated. The document serves as the primary basis for the property transfer process and subsequent land register registration.
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1. Parties: Detailed identification of the seller and buyer, including full names, addresses, and any registration numbers for legal entities
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including land register data, parcel number, size, and location
5. Purchase Price: Specification of the purchase price, payment schedule, and payment method
6. Transfer of Ownership: Terms and process for the transfer of title and registration in the land register
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Handover: Terms and timing for the physical handover of the property
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. Execution: Signature blocks and notarization requirements
1. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge or transfer
2. Condition Precedents: Any conditions that must be met before completion, such as obtaining mortgage approval or permits
3. Foreign Buyer Provisions: Additional provisions required when the buyer is a foreign person under Lex Koller
4. Tenant Provisions: Details of existing tenancies and their treatment post-sale
5. Development Rights: Specific provisions regarding any development potential or restrictions
6. Environmental Provisions: Specific provisions regarding environmental issues or contamination
7. Fixtures and Fittings: Detailed list of items included or excluded from the sale
1. Property Plans: Official land register plans and property boundaries
2. Land Register Extract: Current extract from the land register showing ownership and encumbrances
3. Inventory List: Detailed inventory of fixtures, fittings, and other items included in the sale
4. Building Documentation: Building permits, certificates, and technical documentation
5. Property Inspection Report: Technical assessment of the property's condition
6. Mortgage Documentation: Details of existing mortgages and discharge arrangements
7. Insurance Certificates: Current building insurance documentation
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