Wholesale Real Estate Contract Template for Switzerland

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Key Requirements PROMPT example:

Wholesale Real Estate Contract

"I need a Wholesale Real Estate Contract under Swiss law for a portfolio of three commercial properties in Zurich, with specific provisions for staggered closing dates throughout 2025 and the option to assign each property separately to different end buyers."

Document background
The Wholesale Real Estate Contract is a specialized agreement used in the Swiss real estate market for transactions where a property is contracted for purchase with the intention of assigning or reselling it to an end buyer. This document is essential for real estate wholesalers, investors, and developers operating under Swiss jurisdiction, particularly when structuring deals that involve intermediate buyers. The contract must comply with the Swiss Civil Code, Code of Obligations, and relevant cantonal laws, while addressing specific requirements for commercial real estate trading. It includes comprehensive provisions for property transfer, due diligence, assignment rights, and closing conditions, making it suitable for complex real estate transactions where the initial buyer intends to transfer rights to an end buyer before closing.
Suggested Sections

1. Parties: Identification of all parties involved, including the seller, wholesaler/buyer, and any authorized representatives

2. Background: Context of the transaction, including the property's current ownership and the wholesale nature of the transaction

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and wholesale-related definitions

4. Property Description: Detailed description of the real estate property, including cadastral details and registry information

5. Purchase Price and Payment Terms: The agreed purchase price, payment schedule, and any earnest money deposits

6. Due Diligence: Terms and timeframe for property inspection, document review, and verification of property condition

7. Assignment Rights: Terms governing the wholesaler's right to assign the contract to end buyers

8. Closing Conditions: Prerequisites and conditions that must be met before the transaction can close

9. Representations and Warranties: Statements of fact and guarantees from both parties regarding the property and transaction

10. Risk and Insurance: Allocation of risk and insurance requirements during the contract period

11. Default and Remedies: Consequences of breach and available remedies for both parties

12. Notices: Communication requirements and contact details for all parties

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

14. Execution: Signature requirements and execution formalities

Optional Sections

1. Financing Contingency: Include when the transaction depends on the wholesaler or end buyer obtaining financing

2. Property Management: Include when the property includes ongoing tenancies or requires management during the contract period

3. Environmental Provisions: Include when the property has known environmental issues or requires specific environmental warranties

4. Development Rights: Include when the property has unused development potential or pending permits

5. Foreign Investment Provisions: Include when either party is subject to Lex Koller restrictions

6. Multiple Property Provisions: Include when the wholesale deal involves multiple properties

7. Commission Structure: Include when there are broker commissions or finder's fees involved

8. Special Use Provisions: Include when the property has specific use restrictions or requirements

Suggested Schedules

1. Property Details Schedule: Detailed property information including exact measurements, boundaries, and included fixtures

2. Title Documents: Copies of current title registration and any encumbrances

3. Due Diligence Checklist: List of required documents and inspections for due diligence

4. Payment Schedule: Detailed breakdown of payment terms and deadlines

5. Property Condition Report: Current condition assessment and any known defects

6. Existing Leases: Details of any existing tenancies or leases affecting the property

7. Land Registry Extracts: Official extracts from the land registry

8. Environmental Reports: Any existing environmental assessments or reports

9. Property Plans: Official plans, drawings, and surveys of the property

10. Assignment Template: Template for assigning the contract to end buyers

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

Property Development

Commercial Property

Investment Banking

Legal Services

Construction

Property Management

Real Estate Investment

Urban Development

Financial Services

Relevant Teams

Legal

Real Estate

Property Management

Investment

Finance

Risk Management

Compliance

Due Diligence

Asset Management

Operations

Relevant Roles

Real Estate Wholesaler

Property Developer

Real Estate Investment Manager

Legal Counsel

Real Estate Attorney

Property Acquisition Manager

Investment Director

Real Estate Broker

Commercial Property Manager

Due Diligence Officer

Contract Manager

Real Estate Portfolio Manager

Asset Manager

Transaction Manager

Risk Management Officer

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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