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Purchase And Lease Agreement

Purchase And Lease Agreement Template for Switzerland

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Key Requirements PROMPT example:

Purchase And Lease Agreement

"I need a Purchase and Lease Agreement under Swiss law for our manufacturing facility in Zurich, with a purchase price of 5M CHF and a 10-year leaseback arrangement starting March 2025, including specific provisions for heavy machinery operations and environmental compliance."

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Document background
A Purchase And Lease Agreement is commonly used in Switzerland when a property owner wishes to sell their property while maintaining operational control through a leaseback arrangement. This transaction type is particularly valuable for businesses looking to free up capital while retaining use of their operational assets. The document must comply with Swiss federal law, particularly the Swiss Code of Obligations, as well as applicable cantonal property regulations. It's frequently used in commercial real estate transactions, corporate restructuring, and asset management strategies. The agreement comprehensively covers both the sale transaction (including property transfer, warranties, and purchase price) and the lease terms (including duration, rent, maintenance obligations, and use restrictions). Such arrangements are subject to specific Swiss regulatory requirements, including potential Lex Koller restrictions for foreign investors and cantonal property transfer regulations.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, including property description and parties' intentions

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

4. Sale and Purchase: Core terms of the purchase, including purchase price, payment terms, and transfer of ownership

5. Property Description: Detailed description of the property being purchased and leased back

6. Purchase Price and Payment: Detailed payment terms, including method, timing, and any conditions precedent

7. Lease Terms: Essential lease provisions including duration, rent amount, and payment schedule

8. Condition and Use of Property: Rights and obligations regarding property condition and permitted uses

9. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the lease period

10. Insurance and Liability: Insurance requirements and allocation of risks

11. Default and Remedies: Consequences of default by either party and available remedies

12. Termination: Grounds and process for termination of the lease portion

13. Representations and Warranties: Standard representations and warranties from both parties

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

15. Notices: Process and requirements for formal communications between parties

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Environmental Matters: Include when property has potential environmental concerns or specific requirements

2. Tax Provisions: Include detailed tax arrangements when complex tax implications exist

3. Property Management: Include when specific property management arrangements are needed during the lease period

4. Subletting and Assignment: Include when parties want to specifically address these rights

5. Purchase Option: Include if lessee has option to purchase property back

6. Break Clauses: Include when early termination options are needed

7. Force Majeure: Include when specific force majeure provisions are required beyond standard Swiss law

8. Alterations and Improvements: Include when specific rights or restrictions on property modifications are needed

9. Building Services: Include for commercial properties with specific service requirements

Suggested Schedules

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

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

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

4. Condition Report: Detailed report on property condition at time of purchase

5. Service Charges: Breakdown of service charges and operating costs

6. Insurance Specifications: Detailed insurance requirements and coverage levels

7. Permitted Alterations: Specific alterations permitted during lease period

8. Form of Handover Protocol: Template for property handover documentation

9. Building Rules: Applicable building rules and regulations

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Building
Business Day
Cantonal Requirements
Closing Date
Commencement Date
Common Areas
Completion
Condition Precedent
Consideration
Default Interest Rate
Deposit
Effective Date
Encumbrances
Environmental Laws
Event of Default
Execution Date
Expiry Date
Fixtures and Fittings
Force Majeure Event
Governmental Authority
Handover Protocol
Improvements
Insurance Requirements
Land Registry
Lease Period
Lease Term
Lessee
Lessor
Maintenance Obligations
Material Adverse Change
Operating Expenses
Parking Spaces
Parties
Permitted Use
Property
Purchase Price
Purchaser
Rent
Rental Payments
Security Deposit
Seller
Service Charges
Signing Date
Swiss Code of Obligations
Term
Title Documents
Transfer Date
Usage Rights
Utilities
VAT
Working Hours
Clauses
Sale and Purchase
Property Transfer
Purchase Price
Payment Terms
Title and Ownership
Property Description
Due Diligence
Lease Grant
Lease Term
Rental Payments
Security Deposit
Use of Property
Maintenance and Repairs
Alterations and Improvements
Insurance
Property Taxes
Service Charges
Utilities
Assignment and Subletting
Environmental Compliance
Health and Safety
Access Rights
Quiet Enjoyment
Default and Remedies
Early Termination
Force Majeure
Representations and Warranties
Indemnification
Liability
Confidentiality
Data Protection
Notices
Amendment and Modification
Dispute Resolution
Governing Law
Severability
Entire Agreement
Counterparts
Costs and Expenses
Registration
Compliance with Laws
Anti-Money Laundering
VAT and Taxation
Relevant Industries

Real Estate

Commercial Property

Industrial Manufacturing

Retail

Healthcare

Hospitality

Education

Financial Services

Logistics and Warehousing

Office Space Management

Agricultural

Technology

Relevant Teams

Legal

Finance

Real Estate

Operations

Facilities Management

Risk and Compliance

Treasury

Asset Management

Property Management

Business Development

Investment

Corporate Development

Relevant Roles

Chief Financial Officer

Real Estate Director

Property Manager

Legal Counsel

Asset Manager

Facilities Director

Investment Manager

Corporate Treasurer

Operations Director

Risk Manager

Commercial Director

Business Development Manager

Property Surveyor

Finance Manager

Compliance Officer

Industries
Swiss Code of Obligations (OR/CO): The primary source of contract law in Switzerland, particularly Articles 184-236 governing sales contracts and Articles 253-274g governing lease agreements
Swiss Civil Code (ZGB/CC): Contains fundamental principles of property law, especially Articles 641-977 regarding ownership and property rights
Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller): Regulates the purchase of real estate by foreign persons or entities in Switzerland
Swiss Debt Enforcement and Bankruptcy Act: Relevant for enforcement provisions and security interests in the contract
Federal Act on Unfair Competition (UWG): Applicable for ensuring fair business practices and consumer protection in commercial transactions
Cantonal Property Transfer Laws: Local regulations governing property transfers, registration requirements, and associated taxes
Federal Act on Financial Market Infrastructures (FinfraG): Relevant if the transaction involves any financial market aspects or structured financing
Swiss Money Laundering Act: Compliance requirements for property transactions and financial aspects of the deal
VAT Act (MWSTG): Regulations regarding Value Added Tax implications for both purchase and lease components
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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