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Residential Real Estate Purchase Contract

Residential Real Estate Purchase Contract Template for Switzerland

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Key Requirements PROMPT example:

Residential Real Estate Purchase Contract

"I need a Residential Real Estate Purchase Contract for buying a single-family house in Zurich, Switzerland, with completion planned for March 2025, including provisions for an existing tenant who will remain in the property for 6 months after the purchase."

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Document background
The Residential Real Estate Purchase Contract is a fundamental legal document used in Switzerland for transferring ownership of residential property. It must comply with strict Swiss legal requirements, including mandatory notarization under cantonal law and compliance with federal regulations such as the Lex Koller for foreign buyers. This document is essential for any residential property transaction in Switzerland, whether involving houses, apartments, or condominiums. It includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and transfer conditions. The contract must adhere to both federal Swiss law and specific cantonal requirements, making it a complex instrument that requires careful preparation and review by legal professionals familiar with Swiss real estate law.
Suggested Sections

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

2. Background: Context of the transaction and brief description of the property

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, size, boundaries, and included fixtures

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

6. Payment Schedule: Breakdown of when and how payments are to be made, including escrow arrangements

7. Transfer of Ownership: Conditions and process for transferring legal title

8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status

9. Due Diligence: Buyer's inspection rights and timeline

10. Closing Conditions: Prerequisites for completion of the sale

11. Costs and Taxes: Allocation of transaction costs, taxes, and fees

12. Handover: Process and timing for physical possession transfer

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

14. Notarization: Acknowledgment of requirement for notarial deed

Optional Sections

1. Mortgage Arrangements: Details of existing or new mortgage arrangements, used when property has existing mortgage or buyer requires financing

2. Tenant Rights: Information about existing tenancies, used when property is currently rented

3. Foreign Ownership Compliance: Lex Koller compliance details, used when buyer is a foreign national

4. Property Management: Interim management arrangements, used for properties in multi-unit buildings

5. Renovation Agreements: Pre-completion renovation terms, used when specific works are agreed before completion

6. Environmental Conditions: Special provisions for known environmental issues, used when property has environmental concerns

7. Parking and Storage: Details of associated rights and facilities, used when separate parking or storage units are included

8. Co-ownership Rules: Specific provisions for shared ownership, used in case of multiple buyers or condominium ownership

Suggested Schedules

1. Property Plan: Official land registry extract and property plans

2. Inventory: List of included fixtures, fittings, and furnishings

3. Land Registry Extract: Current extract showing ownership and encumbrances

4. Building Insurance Certificate: Current building insurance details and coverage

5. Energy Performance Certificate: Energy efficiency rating and documentation

6. Property Regulations: Applicable zoning and usage regulations

7. Building Inspection Report: Technical assessment of property condition

8. Mortgage Documentation: Details of existing mortgages and release arrangements

9. Service Charges Statement: Details of ongoing maintenance and service charges

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
Property
Purchase Price
Completion Date
Deposit
Land Registry
Transfer Deed
Notarial Deed
Encumbrances
Due Diligence Period
Completion
Business Day
Grundbuch
Hand��nderungssteuer
Fixtures and Fittings
Building Insurance
Mortgage
Title Documents
Possession Date
Force Majeure
Material Adverse Change
Property Rights
Condominium Rules
Service Charges
Building Regulations
Environmental Laws
Permitted Use
Land Register Extract
Transfer Tax
Notary Fees
Cadastral Survey
Easements
Public Law Restrictions
Warranty Period
Defects
Purchase Price Payment Schedule
Closing Conditions
Registration Requirements
Utilities
Common Areas
Clauses
Property Description
Purchase Price
Payment Terms
Title Transfer
Representations and Warranties
Due Diligence
Property Inspection
Notarization Requirements
Land Registry
Deposit
Mortgage Arrangements
Insurance
Property Transfer Tax
Closing Conditions
Handover Provisions
Defects Liability
Environmental Compliance
Foreign Ownership
Force Majeure
Dispute Resolution
Governing Law
Assignment
Notices
Severability
Entire Agreement
Amendment
Property Rights
Pre-emption Rights
Taxation
Utilities Transfer
Building Insurance
Property Maintenance
Encumbrances
Completion Date
Default Provisions
Risk Transfer
Vacant Possession
Existing Tenancies
Property Access
Costs Allocation
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Construction & Building

Property Management

Public Administration

Professional Services

Notary Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Risk Management

Finance

Operations

Corporate Services

Acquisitions

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Mortgage Advisor

Legal Counsel

Notary Public

Property Developer

Real Estate Investment Manager

Compliance Officer

Real Estate Transaction Manager

Property Acquisition Specialist

Real Estate Portfolio Manager

Industries
Swiss Civil Code (ZGB): Articles 655-712 governing real property rights, ownership transfer, and land registry requirements
Swiss Code of Obligations (OR): Articles 216-221 specifically dealing with the purchase and sale of immovable property and formal requirements for real estate contracts
Lex Koller: Federal law on the acquisition of real estate by persons abroad, restricting foreign ownership of Swiss residential property
Cantonal Notarization Laws: Cantonal regulations requiring public notarization of real estate transactions and establishing associated procedures
Property Transfer Tax Laws: Cantonal and municipal regulations governing transfer taxes (Hand��nderungssteuer) on real estate transactions
Swiss Anti-Money Laundering Act (AMLA): Regulations concerning the verification of the financial origin of funds in real estate transactions
Cantonal and Municipal Zoning Laws: Local regulations affecting property use, development restrictions, and building requirements
Environmental Protection Act: Federal legislation concerning environmental aspects of property ownership and potential contamination liability
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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