The Simple Land Sale Contract is a fundamental legal instrument in Swiss real estate transactions, used for transferring property ownership between parties. This document must comply with Swiss federal legislation, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR), as well as specific cantonal requirements. It is essential for any real estate transaction in Switzerland and must be executed as a public deed by a notary public. The contract typically includes detailed property descriptions, price and payment terms, warranties, and conditions for transfer. It serves various transaction types, from residential to commercial properties, and must address specific requirements such as Lex Koller regulations for foreign buyers or BGBB provisions for agricultural land. The document forms the basis for the subsequent registration in the Swiss land registry (Grundbuch) and is crucial for establishing clear title and ownership rights.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and identification numbers
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including land registry details and parcel numbers
5. Purchase Price: Agreed purchase price and payment terms including deposit arrangements
6. Transfer of Ownership: Conditions and process for transferring property ownership
7. Representations and Warranties: Seller's declarations regarding property condition, ownership, and encumbrances
8. Costs and Taxes: Allocation of notary fees, transfer taxes, and other transaction costs
9. Handover: Terms and timing of property possession transfer
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
11. Signatures: Execution block for parties and notary authentication
1. Mortgage Arrangements: Terms for handling existing mortgages or new financing arrangements
2. Foreign Buyer Provisions: Additional provisions required under Lex Koller for foreign buyers
3. Agricultural Land Provisions: Special provisions required under BGBB for agricultural property
4. Condition Precedents: Any conditions that must be met before completion
5. Environmental Provisions: Specific terms regarding environmental conditions or contamination
6. Tenant Provisions: Terms regarding existing tenancies if property is currently leased
7. Development Rights: Specific provisions regarding building permits or development potential
8. Rights of Way: Details of existing easements or rights of way
1. Property Plans: Official cadastral plans and property boundaries
2. Land Registry Extract: Current extract from the land registry (Grundbuch)
3. Property Inventory: List of included fixtures, fittings, and equipment
4. Building Permits: Copies of existing building permits and applications
5. Technical Reports: Building inspection reports, energy certificates, etc.
6. Encumbrance Documents: Details of any existing mortgages, easements, or other encumbrances
7. Insurance Certificates: Current building insurance documentation
8. Payment Schedule: Detailed schedule of payment terms and installments if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking & Finance
Legal Services
Agriculture
Hospitality
Retail
Industrial & Manufacturing
Public Sector
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Finance
Investment
Operations
Development
Asset Management
Risk Management
Corporate Services
Facilities
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary Public
Land Registry Officer
Development Director
Investment Manager
Property Developer
Legal Counsel
Compliance Officer
Real Estate Investment Analyst
Asset Manager
Facilities Manager
Construction Manager
Real Estate Portfolio Manager
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