Option To Purchase Contract Template for Switzerland

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Key Requirements PROMPT example:

Option To Purchase Contract

"I need an Option to Purchase Contract under Swiss law for a commercial property in Zurich, with a 6-month option period starting January 1, 2025, and including specific provisions for environmental due diligence and staged payments."

Document background
The Option To Purchase Contract is a strategic instrument commonly used in Swiss business transactions to secure future acquisition rights while maintaining flexibility. This document is particularly valuable when parties need time to arrange financing, conduct due diligence, or await regulatory approvals before completing a purchase. Under Swiss law, the agreement must clearly define the essential elements of the future purchase, including precise asset description and pricing mechanisms. The contract is frequently used in real estate transactions, corporate acquisitions, and asset purchases, requiring careful consideration of Swiss Code of Obligations requirements and, where applicable, sector-specific regulations. For real estate options, the agreement must comply with strict form requirements including notarization.
Suggested Sections

1. Parties: Identification of the option grantor and option holder, including full legal names and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement, including 'Option Period', 'Strike Price', 'Option Property', etc.

4. Grant of Option: Express grant of the option rights and basic terms

5. Option Period: Duration of the option, including start and end dates

6. Exercise of Option: Process and requirements for exercising the option, including notice requirements

7. Purchase Price: Specification of the strike price and payment terms

8. Conditions Precedent: Any conditions that must be satisfied before the option can be exercised

9. Representations and Warranties: Standard representations about authority, ownership, and capacity

10. Covenants: Obligations of parties during the option period

11. Termination: Circumstances under which the option agreement can be terminated

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

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Option Premium: Required if there is a payment for the grant of the option itself

2. Due Diligence: Include if the option holder has rights to conduct due diligence during the option period

3. Asset Maintenance: Include for options over physical assets requiring maintenance during the option period

4. Third Party Rights: Include if there are existing third party rights affecting the option property

5. Tax Provisions: Include specific tax arrangements if relevant to the transaction

6. Assignment: Include if transfer of option rights is to be permitted

7. Force Majeure: Include for long-term options where external events might affect performance

8. Public Registration: Required for real estate options that need registration

Suggested Schedules

1. Property Description: Detailed description of the asset subject to the option

2. Form of Exercise Notice: Template notice for exercising the option

3. Purchase Agreement: Form of the purchase agreement to be entered into upon exercise

4. Due Diligence Requirements: List of documents and information to be provided during due diligence

5. Encumbrances: List of existing encumbrances or restrictions on the option property

6. Payment Schedule: If payment is in installments or subject to adjustments

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

Manufacturing

Financial Services

Technology

Energy

Mining

Agriculture

Retail

Professional Services

Healthcare

Infrastructure

Telecommunications

Relevant Teams

Legal

Finance

Real Estate

Corporate Development

Mergers & Acquisitions

Risk Management

Treasury

Business Development

Compliance

Property Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Real Estate Manager

Property Developer

Investment Manager

Business Development Director

Mergers & Acquisitions Director

Asset Manager

Contract Manager

Corporate Development Manager

Risk Manager

Treasury Manager

Property Portfolio 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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