The Purchase Sale Agreement (Real Estate) is a fundamental legal instrument used in Swiss property transactions to document and execute the transfer of real estate ownership. This document is essential for any real estate transaction in Switzerland, whether residential or commercial, and must comply with strict Swiss legal requirements including mandatory notarization and cantonal regulations. The agreement covers all crucial aspects of the property transfer, from detailed property descriptions and price arrangements to warranties and transfer conditions. It must adhere to specific Swiss legislative requirements including the Civil Code (ZGB), Code of Obligations (OR), and where applicable, the Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller). The document serves as the primary evidence of the transaction terms and conditions, forming the basis for land registry entries and tax assessments.
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1. Parties: Detailed identification of the seller and buyer, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land register details, parcel numbers, and exact measurements
5. Purchase Price: Specified purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership, including registration requirements
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Due Diligence: Buyer's inspection rights and confirmation of property examination
9. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties
10. Handover: Timing and conditions for physical possession transfer
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
13. Execution: Signature requirements and notarization provisions
1. Mortgage Arrangements: Details of existing mortgages and arrangements for discharge or transfer
2. Tenant Provisions: Required when property is subject to existing tenancies
3. Construction Obligations: Used when property includes incomplete construction or required renovations
4. Environmental Provisions: Specific provisions regarding environmental conditions or contamination
5. Foreign Buyer Provisions: Required when buyer is subject to Lex Koller restrictions
6. Broker Provisions: Required when real estate agents are involved in the transaction
7. Conditions Precedent: Special conditions that must be met before completion
8. Post-Completion Obligations: Any obligations continuing after completion of the sale
1. Property Details: Detailed technical description, including floor plans and measurements
2. Land Register Extract: Current extract from the land register
3. Property Inventory: List of included fixtures, fittings, and equipment
4. Building Permits: Copies of relevant building permits and certificates
5. Environmental Reports: Any environmental assessments or certificates
6. Insurance Certificates: Current building insurance documentation
7. Payment Schedule: Detailed breakdown of payment installments and timing
8. Existing Contracts: Copies of relevant ongoing contracts (maintenance, service, etc.)
9. Property Photos: Current photographs of the property and its condition
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