The For Sale By Owner Purchase And Sale Agreement is essential for private property transactions in Switzerland where owners choose to sell their property directly without real estate agent intermediation. This document type is particularly relevant in the Swiss market, where property transactions must comply with specific federal and cantonal regulations. It includes all necessary provisions required by Swiss law, such as detailed property description, precise payment terms, and transfer conditions. The agreement must be notarized to be legally valid and requires registration in the Swiss land register. It's designed to protect both parties' interests while ensuring compliance with Swiss property law, including considerations for foreign ownership restrictions (Lex Koller), mortgage arrangements, and local property transfer regulations. This document type is increasingly popular among private sellers seeking to manage their own property sales while maintaining full legal compliance.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and identification numbers
2. Background: Brief context of the transaction and property ownership history
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land register details, plot number, address, and size
5. Purchase Price: Agreed purchase price, payment terms, and schedule of payments
6. Payment Method: Details of how and when payments will be made, including escrow arrangements if applicable
7. Transfer of Ownership: Process and timing for the transfer of property ownership via the land register
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and other material facts
9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
10. Handover: Terms and timing for the physical handover of the property
11. Default and Remedies: Consequences of breach and available remedies
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Signatures: Formal execution block for all parties
1. Mortgage Arrangements: Include when there is existing mortgage to be discharged or new mortgage financing
2. Foreign Ownership Compliance: Required when buyer is a foreign person subject to Lex Koller
3. Conditions Precedent: Include when completion is subject to specific conditions (e.g., mortgage approval, permits)
4. Tenant Rights: Include when property is sold with existing tenants
5. Property Management: Include for transition period arrangements if property is part of managed complex
6. Environmental Provisions: Include when there are known environmental issues or requirements
7. Construction Warranties: Include for new or recently constructed properties
8. Right of First Refusal: Include if parties agree on future sale restrictions
1. Property Details Schedule: Detailed technical description of property, including boundaries and registered easements
2. Inventory Schedule: List of fixtures, fittings, and any furniture included in the sale
3. Land Register Extract: Current extract from the land register showing ownership and encumbrances
4. Payment Schedule: Detailed breakdown of payment installments and timing
5. Property Condition Report: Documentation of property condition at time of sale
6. Building Insurance Certificate: Current building insurance details and coverage
7. Energy Performance Certificate: Energy efficiency rating and certification
8. Building Permits: Copies of relevant building permits and certificates of compliance
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