Property Agreement Template for Switzerland

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Key Requirements PROMPT example:

Property Agreement

"I need a Property Agreement for purchasing a residential property in Zurich, Switzerland, with completion scheduled for March 15, 2025; the agreement should include standard mortgage provisions and must comply with Lex Koller as the buyer is a foreign national."

Document background
The Property Agreement under Swiss law serves as the primary legal instrument for real estate transactions in Switzerland, whether for residential, commercial, or industrial properties. This document is essential when transferring property ownership and must comply with strict Swiss federal and cantonal regulations. It is used for various types of real estate transactions, from simple residential transfers to complex commercial property deals. The agreement must address specific Swiss legal requirements, including mandatory notarization, land registry procedures, and compliance with foreign ownership restrictions (Lex Koller) where applicable. The document typically incorporates local cantonal requirements and can be drafted in any of Switzerland's official languages depending on the canton. It includes comprehensive details about the property, parties involved, financial terms, warranties, and specific Swiss property law provisions, making it suitable for both domestic and international transactions while ensuring compliance with Swiss property law.
Suggested Sections

1. Parties: Identification of all parties involved, including full legal names, addresses, and registration details for legal entities

2. Background: Context of the agreement and brief history of the property transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, plot number, and exact measurements as per Swiss cadastral survey

5. Purchase Price and Payment Terms: Details of the purchase price, payment schedule, and payment methods in compliance with Swiss banking regulations

6. Transfer of Ownership: Provisions regarding the transfer of title and registration in the land registry (Grundbuch)

7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and compliance with Swiss law

8. Due Diligence: Buyer's investigation rights and seller's disclosure obligations

9. Costs and Taxes: Allocation of notary fees, land registry costs, and property transfer taxes

10. Notarization: Provisions for official notarization as required under Swiss law

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

12. Execution: Signature requirements and execution formalities

Optional Sections

1. Mortgage Provisions: Include when the purchase involves mortgage financing, detailing the coordination with Swiss banks and mortgage requirements

2. Lex Koller Compliance: Required when the buyer is a foreign national or entity, addressing compliance with Swiss foreign ownership restrictions

3. Tenant Rights: Include when the property is sold with existing tenants, addressing Swiss tenant protection laws

4. Construction/Renovation: Include for properties under construction or requiring renovation, detailing permits and compliance requirements

5. Environmental Provisions: Include when environmental issues are present or for properties in environmentally sensitive areas

6. Easements and Servitudes: Include when specific rights of way or other easements affect the property

7. Condominium Rules: Include for apartment or multi-unit property sales, incorporating relevant building regulations

8. Agricultural Land Provisions: Required when the property includes agricultural land, addressing specific Swiss farming right regulations

Suggested Schedules

1. Property Plans: Official cadastral plans and property boundaries from Swiss land registry

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

3. Property Condition Report: Technical assessment of the property's condition

4. Environmental Reports: Any environmental assessments or contamination reports

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

6. Inventory List: List of included fixtures, fittings, and equipment

7. Insurance Certificates: Current building insurance documentation

8. Energy Performance Certificate: Property energy efficiency rating and certification

9. Payment Schedule: Detailed schedule of payment installments and deadlines

10. Existing Contracts: Copies of relevant service contracts, maintenance agreements, or tenant leases

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

Banking & Finance

Legal Services

Construction & Development

Property Management

Insurance

Hospitality

Retail

Industrial & Manufacturing

Agriculture

Tourism & Leisure

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Facilities

Corporate Development

Investment

Risk Management

Operations

Finance

Due Diligence

Asset Management

Relevant Roles

Legal Counsel

Real Estate Manager

Property Developer

Compliance Officer

Contract Manager

Real Estate Agent

Property Lawyer

Notary Public

Land Registry Officer

Property Surveyor

Facilities Manager

Asset Manager

Investment Manager

Property Portfolio Manager

Real Estate Investment Analyst

Due Diligence Specialist

Corporate Real Estate 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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