The Real Estate Purchase Offer is a crucial document in Swiss property transactions, serving as the formal initiation of a property acquisition process. It is typically used when a prospective buyer has identified a property of interest and wishes to present a legally sound offer to the owner. The document must comply with Swiss federal laws, including the Civil Code (ZGB) and Code of Obligations (OR), as well as specific cantonal requirements. It includes detailed property information, proposed purchase price, payment terms, conditions precedent, and due diligence provisions. The offer must be structured to accommodate potential notarization requirements and, for foreign buyers, compliance with Lex Koller restrictions. This document forms the foundation for subsequent negotiations and, if accepted, becomes the basis for the final purchase agreement.
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1. Parties: Identification of the potential buyer (offeror) and seller (offeree), including full legal names, addresses, and any relevant registration numbers
2. Background: Context of the offer, including how the parties came into contact and any prior discussions or negotiations
3. Definitions: Key terms used throughout the document, including 'Property', 'Purchase Price', 'Closing Date', etc.
4. Property Description: Detailed description of the real estate, including address, land register details, and property identification numbers
5. Purchase Price: Proposed purchase price, currency, payment terms, and any deposits or earnest money
6. Payment Terms: Structure and timing of payments, including deposit, down payment, and final payment arrangements
7. Due Diligence Period: Timeframe and conditions for conducting property inspections and document reviews
8. Closing Conditions: Prerequisites that must be met before the transaction can be completed
9. Closing Process: Steps for completing the transaction, including notarization requirements
10. Representations and Warranties: Standard declarations about the property's condition and the parties' capacity to enter into the transaction
11. Offer Validity: Period during which the offer remains valid and can be accepted by the seller
12. Execution: Signature requirements and date of the offer
1. Financing Contingency: Include when the offer is contingent on the buyer obtaining mortgage financing
2. Lex Koller Compliance: Required when the buyer is a foreign person or entity subject to Lex Koller restrictions
3. Tenant Rights: Include when the property is currently leased and details about existing tenancies need to be addressed
4. Agricultural Land Provisions: Required when the property includes agricultural land subject to BGBB regulations
5. Environmental Contingency: Include when environmental investigations are required or concerns exist
6. Furniture and Fixtures: Include when specific movable items are to be included in the purchase
7. Construction/Renovation Plans: Include when the offer relates to property under construction or planned renovation
8. Right of First Refusal: Include when offering special rights to match other offers received by the seller
1. Property Details: Detailed technical description of the property, including lot size, floor plans, and boundary details
2. Land Register Extract: Recent extract from the land register showing ownership and encumbrances
3. Payment Schedule: Detailed breakdown of payment terms and installments
4. Due Diligence Checklist: List of documents and inspections required during the due diligence period
5. Property Condition Report: Current condition of the property and any known defects
6. Existing Encumbrances: List of mortgages, easements, or other rights affecting the property
7. Inventory List: Detailed list of any furniture, fixtures, or equipment included in the sale
8. Required Permits: Copies or list of relevant building permits, zoning certificates, or other official authorizations
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction & Development
Property Management
Insurance
Environmental Services
Agriculture (for agricultural land)
Hospitality (for commercial properties)
Retail
Relevant Teams
Legal
Real Estate
Property Management
Acquisitions
Investment
Due Diligence
Corporate Development
Facilities Management
Risk Management
Compliance
Relevant Roles
Real Estate Attorney
Property Developer
Real Estate Agent
Investment Manager
Property Manager
Legal Counsel
Notary Public
Real Estate Investment Analyst
Corporate Real Estate Manager
Facilities Manager
Real Estate Portfolio Manager
Asset Manager
Acquisition Manager
Due Diligence Specialist
Transaction Manager
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