Pre Sale Contract Template for Switzerland

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Key Requirements PROMPT example:

Pre Sale Contract

"I need a Pre Sale Contract for a luxury apartment development in Zurich, where buyers will pay 20% deposit upon signing and the remaining 80% upon completion in March 2025; the contract needs to include construction milestone requirements and quality specifications for high-end finishes."

Document background
The Pre-Sale Contract is a crucial document in Swiss property transactions, typically used when parties wish to formalize their commitment to a future sale while certain conditions or requirements are still being fulfilled. This document is particularly relevant in real estate developments, off-plan purchases, or complex property transactions where the final sale cannot be immediately completed. It must comply with Swiss federal and cantonal laws, including the Swiss Code of Obligations and, where applicable, the Lex Koller for foreign buyers. The contract typically includes detailed provisions about the property, price, payment terms, conditions precedent, warranties, and completion requirements. It serves as a legally binding commitment while protecting both parties' interests during the interim period before the final sale.
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 and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement

4. Object of Sale: Detailed description of the property or asset being sold, including all relevant specifications and current state

5. Purchase Price: The agreed purchase price, payment schedule, and payment method

6. Deposit: Details of any required deposit, including amount, payment timing, and holding arrangements

7. Conditions Precedent: Conditions that must be fulfilled before the final sale can proceed

8. Completion: Process and requirements for completing the final sale

9. Seller's Warranties: Warranties regarding the property's condition, ownership, and any encumbrances

10. Buyer's Warranties: Warranties regarding the buyer's capacity and ability to complete the purchase

11. Default and Termination: Consequences of breach and conditions for termination

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

13. Notices: How formal communications between parties should be made

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Financing Arrangements: Include when buyer requires specific financing arrangements or when payment is structured in installments

2. Construction Specifications: Include for off-plan properties or properties under construction

3. Lex Koller Compliance: Include when the buyer is a foreign person or entity

4. Property Management: Include when the property requires interim management between contract signing and completion

5. Environmental Provisions: Include when environmental issues or certifications are relevant

6. Tenant Rights: Include when the property is currently leased

7. Development Rights: Include when future development rights are part of the sale

8. Third Party Rights: Include when there are existing rights or easements affecting the property

Suggested Schedules

1. Property Details: Detailed description of the property including plans, boundaries, and specifications

2. Title Documents: Copies of relevant title documents and land registry extracts

3. Payment Schedule: Detailed breakdown of payment installments and timing

4. Due Diligence Results: Summary of any due diligence findings and reports

5. Building Permits: Copies of relevant building permits and certificates

6. Property Photographs: Current photographs of the property

7. Existing Contracts: Details of any relevant existing contracts affecting the property

8. Construction Timeline: For properties under construction, detailed timeline of completion stages

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

Construction

Property Development

Banking & Finance

Legal Services

Architecture

Urban Planning

Hospitality

Retail

Commercial Property

Relevant Teams

Legal

Real Estate

Sales

Commercial

Compliance

Risk Management

Project Development

Finance

Operations

Business Development

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Contract Manager

Real Estate Agent

Commercial Director

Development Manager

Investment Manager

Property Manager

Sales Director

Compliance Officer

Risk Manager

Project Manager

Finance Director

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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