The Commercial Real Estate Purchase Contract is a fundamental legal instrument used in Switzerland for transferring ownership of commercial properties. This document is essential when any business entity or individual seeks to purchase commercial real estate in Switzerland, whether for investment, operational use, or development purposes. The agreement must comply with strict Swiss legal requirements, including mandatory notarization, land registry regulations, and potential Lex Koller restrictions for foreign buyers. It encompasses crucial elements such as property description, purchase price, payment terms, warranties, and closing conditions, while addressing specific Swiss legal requirements for property transfer. The document's structure reflects Swiss commercial practice and legal framework, incorporating cantonal property laws and federal regulations governing real estate transactions.
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1. Parties: Identification of the seller and purchaser with full legal names, addresses, and registration details for legal entities
2. Background: Context of the transaction, including brief description of the property and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement, including property-specific terminology
4. Property Description: Detailed description of the commercial property, including exact measurements, boundaries, and land registry details
5. Purchase Price: Specification of purchase price, payment terms, deposit requirements, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements
7. Representations and Warranties: Seller's warranties regarding property condition, title, encumbrances, and compliance with laws
8. Due Diligence: Buyer's inspection rights and due diligence process
9. Closing Conditions: Prerequisites for completion of the transaction
10. Closing Procedure: Step-by-step process for completing the transaction
11. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
12. Default and Remedies: Consequences of breach and available remedies
13. Notices: Process for formal communications between parties
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
15. Execution: Signature requirements and execution process
1. Tenant Rights: Required if the property is currently leased - details of existing tenancies and their treatment post-sale
2. Environmental Provisions: Required if environmental issues are identified - specific provisions regarding contamination or remediation
3. Lex Koller Compliance: Required for foreign buyers - provisions ensuring compliance with Swiss foreign ownership restrictions
4. Mortgage Arrangements: Required if purchase involves mortgage financing - details of lending arrangements and conditions
5. Property Management: Optional section for transitional property management arrangements
6. Insurance: Optional detailed provisions about insurance requirements and risk transfer
7. Post-Closing Obligations: Optional provisions for any continuing obligations after closing
8. Force Majeure: Optional provisions for unforeseen circumstances affecting completion
1. Property Plan: Official land registry extract and property plans
2. Title Documents: Copies of current title documentation and extract from land registry
3. Inventory: List of included fixtures, fittings, and equipment
4. Existing Leases: Copies of current lease agreements if property is tenanted
5. Due Diligence Reports: Technical, environmental, and structural survey reports
6. Property Certificates: Building permits, safety certificates, and compliance documents
7. Payment Schedule: Detailed breakdown of payment terms and installments
8. Encumbrances: List of existing encumbrances, easements, and rights of way
9. Photos and Condition Report: Current photographs and detailed condition assessment
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Insurance
Retail
Manufacturing
Hospitality
Healthcare
Logistics & Warehousing
Office Space Development
Industrial
Technology
Professional Services
Relevant Teams
Legal
Real Estate
Finance
Compliance
Risk Management
Operations
Facilities Management
Corporate Development
Investment
Asset Management
Property Management
Due Diligence
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Development Manager
Corporate Counsel
Legal Counsel
Facilities Manager
Investment Manager
Asset Manager
Property Manager
Acquisition Manager
Risk Manager
Commercial Director
Operations Director
Finance Manager
Compliance Officer
Real Estate Analyst
Portfolio Manager
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