Home Deed Template for Switzerland

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Key Requirements PROMPT example:

Home Deed

"I need a Home Deed drafted for the purchase of a residential property in Zurich, Switzerland, with an existing tenant whose lease expires in March 2025, and the property includes special usage rights for a shared garden area."

Document background
A Home Deed in Switzerland is a crucial legal instrument used when transferring ownership of residential property between parties. This document type is mandatory for all residential property transfers in Switzerland and must comply with federal laws, particularly the Swiss Civil Code (ZGB), as well as specific cantonal requirements. The Home Deed includes essential information such as precise property details, party identification, purchase price, payment terms, and existing encumbrances. It requires official notarization and must be suitable for recording in the Swiss Land Registry (Grundbuch). The document is particularly important as it forms the basis for the official transfer of property rights and triggers various legal and tax obligations. Special considerations may apply when foreign buyers are involved (Lex Koller) or when the property has specific usage restrictions or environmental requirements.
Suggested Sections

1. Parties: Identification of seller(s) and buyer(s) with full legal names, dates of birth, nationality, and registered addresses

2. Property Description: Detailed description of the property including land registry details, parcel number, address, and exact measurements

3. Current Ownership: Declaration of current ownership status and confirmation of seller's right to transfer

4. Purchase Price: Specification of the total purchase price and payment terms

5. Transfer of Ownership: Terms and conditions for the transfer of title and possession

6. Warranties: Seller's warranties regarding the property's condition and legal status

7. Encumbrances: List of existing mortgages, easements, and other encumbrances

8. Costs and Taxes: Allocation of transfer costs, taxes, and notary fees

9. Land Registry: Instructions for land registry recording and required declarations

10. Governing Law: Confirmation of Swiss law application and jurisdiction

11. Execution: Formal execution requirements and notarization provisions

Optional Sections

1. Special Usage Rights: Additional terms regarding specific usage rights or restrictions, used when the property includes special privileges or limitations

2. Environmental Declarations: Statements regarding environmental conditions or contamination, required if property is in an environmental risk area or has known issues

3. Tenant Provisions: Terms regarding existing tenants and leases, included if property is currently leased

4. Construction Obligations: Special provisions regarding ongoing or planned construction, used for properties under development

5. Agricultural Land Provisions: Special terms required for agricultural land under the Federal Act on Rural Land Rights

6. Lex Koller Declarations: Required declarations when buyer is a foreign national or entity subject to Lex Koller restrictions

Suggested Schedules

1. Property Plan: Official cadastral survey plan showing property boundaries and measurements

2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances

3. Building Plans: Official building plans and permits if property includes structures

4. Mortgage Documents: Details of existing mortgages and release arrangements

5. Environmental Reports: Any relevant environmental assessment reports or certificates

6. Insurance Certificates: Current building insurance certificates and valuations

7. Inventory List: List of included fixtures and fittings, if applicable

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Public Administration

Construction

Environmental Services

Property Development

Professional Services

Public Notary Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Finance

Tax

Insurance

Environmental

Customer Relations

Relevant Roles

Real Estate Lawyer

Notary Public

Property Manager

Real Estate Agent

Mortgage Advisor

Legal Counsel

Land Registry Officer

Property Surveyor

Tax Consultant

Environmental Inspector

Insurance Underwriter

Real Estate Transaction Manager

Compliance Officer

Property Developer

Real Estate Investment Manager

Industries
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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