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Deed Of Sale With Right To Repurchase

Deed Of Sale With Right To Repurchase Template for Switzerland

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Key Requirements PROMPT example:

Deed Of Sale With Right To Repurchase

"I need a Deed of Sale with Right to Repurchase for my commercial warehouse in Geneva, with a repurchase right that can be exercised within 3 years from March 2025, and the repurchase price should include any improvements made to the property plus 5% annual interest."

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Document background
The Deed of Sale with Right to Repurchase is commonly used in Swiss real estate transactions where sellers wish to retain the possibility of recovering their property in the future. This arrangement is particularly useful in strategic property deals, family arrangements, or business restructuring scenarios. The document must comply with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements, particularly regarding property transfer formalities and repurchase rights. It combines elements of a standard property sale with specific provisions detailing the repurchase mechanism, including price calculation, exercise period, and conditions. The deed requires notarization and must be registered in the land register to be legally effective. This type of agreement provides flexibility while maintaining legal certainty, making it valuable for both commercial and private property transactions in Switzerland.
Suggested Sections

1. Parties: Identification and details of the Seller and Buyer, including full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the transaction, including brief description of the property and the parties' intention to include a right of repurchase

3. Definitions: Key terms used throughout the deed, including 'Property', 'Purchase Price', 'Repurchase Price', 'Repurchase Period', etc.

4. Property Description: Detailed legal description of the property, including land register details, plot number, address, and exact measurements

5. Sale Price and Payment Terms: Specified purchase price, payment method, and timing of payment

6. Transfer of Ownership: Terms regarding the transfer of title, including the date of transfer and registration requirements

7. Right of Repurchase: Detailed terms of the repurchase right, including trigger conditions, exercise period, and price calculation

8. Exercise of Repurchase Right: Process and formalities for exercising the repurchase right, including notice requirements

9. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and condition

10. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties

11. Registration: Provisions regarding land register registration of both the sale and the repurchase right

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Mortgage Provisions: Required if the property is subject to existing mortgages or if new financing is involved

2. Tenant Rights: Needed if the property is currently leased to tenants

3. Environmental Provisions: Required if there are known environmental issues or contamination

4. Insurance Requirements: Specific insurance obligations during the repurchase period

5. Property Management: Terms regarding property maintenance during the repurchase period

6. Third Party Rights: Required if there are easements or other third-party rights affecting the property

7. Force Majeure: Provisions dealing with extraordinary circumstances affecting the repurchase right

8. Dispute Resolution: Alternative dispute resolution procedures if preferred over standard court jurisdiction

Suggested Schedules

1. Property Details: Detailed technical description, including plans, boundaries, and measurements

2. Land Register Extract: Current extract from the land register showing ownership and encumbrances

3. Purchase Price Calculation: Detailed breakdown of the purchase price components

4. Repurchase Price Calculation: Formula and method for calculating the repurchase price

5. Property Condition Report: Current condition assessment of the property

6. Existing Encumbrances: List of all existing easements, restrictions, and encumbrances

7. Required Permits: Copies of relevant building permits and certificates

8. Payment Schedule: If applicable, detailed schedule of installment payments

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 | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Property
Land Register Extract
Purchase Price
Repurchase Price
Repurchase Period
Repurchase Notice
Completion Date
Transfer Date
Effective Date
Business Day
Encumbrances
Land Registry
Notary Public
Permitted Use
Property Documents
Registration Costs
Seller's Warranties
Title Deed
Transfer Deed
Completion Requirements
Due Diligence Materials
Environmental Matters
Exercise Notice
Improvements
Insurance Requirements
Material Adverse Change
Mortgage
Parties
Payment Date
Regulatory Approvals
Swiss Civil Code
Swiss Code of Obligations
Transaction Documents
Valuation Report
Working Day
Clauses
Parties Identification
Recitals
Property Description
Consideration
Transfer of Title
Repurchase Right
Repurchase Price
Exercise Period
Payment Terms
Registration Requirements
Representations and Warranties
Property Condition
Encumbrances
Due Diligence
Insurance
Risk Transfer
Property Maintenance
Assignment and Transfer
Force Majeure
Taxes and Costs
Notices
Severability
Amendment
Entire Agreement
Notarization
Land Registry
Default
Remedies
Dispute Resolution
Governing Law
Jurisdiction
Compliance with Law
Third Party Rights
Further Assurance
Costs Allocation
Environmental Matters
Relevant Industries

Real Estate

Commercial Property

Property Development

Banking & Finance

Construction

Real Estate Investment

Agriculture

Industrial Property

Retail Property

Hospitality

Relevant Teams

Legal

Real Estate

Corporate Development

Finance

Compliance

Risk Management

Property Management

Asset Management

Investment

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Developer

Corporate Counsel

Legal Director

Chief Legal Officer

Real Estate Investment Manager

Property Portfolio Manager

Compliance Officer

Real Estate Transaction Manager

Finance Director

Chief Financial Officer

Asset Manager

Property Acquisitions Manager

Risk Manager

Industries
Swiss Civil Code (ZGB) Art. 657: Defines the requirements for the transfer of ownership of real estate and the necessity of registration in the land register
Swiss Civil Code (ZGB) Art. 958-964: Governs the land register entries and their effects, which is crucial for property transactions
Swiss Code of Obligations (OR) Art. 216: Specifies the formal requirements for contracts involving the sale of real estate (must be executed as public deeds)
Swiss Code of Obligations (OR) Art. 683-685: Contains specific provisions regarding the right of repurchase, including conditions and time limits
Swiss Code of Obligations (OR) Art. 1-40: General provisions on formation and effect of contracts, which apply to all contractual relationships
Cantonal Notarial Law: Local regulations governing the formal requirements for public deeds and notarization (specific to the canton where the property is located)
Swiss Civil Code (ZGB) Art. 959-961: Regulates priority rights and the notation of restrictions on power of disposal in the land register
Federal Act on Private International Law (IPRG): Relevant if any international elements are involved in the transaction (e.g., foreign buyer or seller)
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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