Pre Sale Agreement Property Template for Switzerland

The Pre Sale Agreement Property is a fundamental document in Swiss real estate transactions, used when parties have agreed in principle to a property sale but need to establish binding terms before proceeding to the final sale deed. This agreement is particularly important in the Swiss context, where property transactions are heavily regulated and require specific formalities. It typically includes detailed property descriptions, price agreements, payment schedules, conditions precedent, and completion timelines. The document must consider various Swiss legal requirements, including cantonal regulations and the Lex Koller for foreign buyers. It serves as a crucial risk management tool by clearly defining parties' obligations and rights during the period between initial agreement and final sale, while ensuring compliance with Swiss property transfer laws.

1. Parties: Identification of the seller and buyer with full legal names, addresses, and any relevant registration numbers

2. Background: Context of the transaction, including brief description of the property and parties' intention to enter into a pre-sale arrangement

3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, and other relevant definitions

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

5. Purchase Price: Agreed purchase price, payment schedule, deposit requirements, and payment methods

6. Conditions Precedent: Conditions that must be fulfilled before proceeding to final sale, including financing, permits, and technical inspections

7. Timeline and Completion: Key dates including deposit payment, conditions fulfillment, and final deed execution

8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, absence of encumbrances, and other material facts

9. Due Diligence: Buyer's rights and process for property inspection and document review

10. Notarization and Registration: Requirements and process for official notarization and land registry registration

11. Default and Termination: Consequences of breach and circumstances allowing agreement termination

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