The Option Contract (Real Estate) is a sophisticated legal instrument used in Swiss property transactions to secure future property rights while maintaining flexibility. This document is particularly valuable in development projects, investment strategies, or when parties need time to arrange financing or conduct due diligence. It must comply with strict Swiss formal requirements, including cantonal notarization, and typically contains detailed provisions about the property, option terms, exercise procedures, and completion mechanisms. The agreement is especially relevant in scenarios where immediate property transfer is not desired or possible, but parties want to secure their future rights. Given Switzerland's complex real estate regulations, including restrictions on foreign ownership through Lex Koller, the Option Contract (Real Estate) must be carefully drafted to ensure enforceability and compliance with both federal and cantonal laws.
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1. Parties: Identification and details of the option grantor (property owner) and option holder, including full legal names, addresses, and registration details for legal entities
2. Background: Context of the option agreement, including brief description of the property and the parties' intention to enter into an option arrangement
3. Definitions: Key terms used throughout the agreement, including Property, Option Period, Strike Price, and Exercise Notice
4. Property Description: Detailed description of the real estate property, including land register details, parcel numbers, and exact location
5. Option Grant: Express grant of the option, specifying whether it is a call or put option, and the basic terms of the grant
6. Option Period: Duration of the option, including start date and expiration date
7. Exercise Price: The agreed purchase price (strike price) for the property if the option is exercised
8. Exercise Procedure: Detailed process for exercising the option, including form and content of exercise notice
9. Payment Terms: Option premium amount, payment schedule, and payment method
10. Completion Obligations: Obligations of both parties upon exercise of the option, including timeframe for completion
11. Representations and Warranties: Standard representations regarding property ownership, authority to contract, and property condition
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Due Diligence: Terms regarding the option holder's right to conduct property investigations, used when due diligence period is required before exercise
2. Financing Conditions: Conditions related to the option holder's financing requirements, included when financing is a relevant consideration
3. Assignment Rights: Terms governing the ability to transfer the option rights, included when assignment might be contemplated
4. Property Maintenance: Obligations regarding property maintenance during the option period, included for longer option periods
5. Foreign Investment Provisions: Specific provisions related to Lex Koller requirements, included when the option holder is a foreign person or entity
6. Tax Provisions: Specific provisions regarding tax implications and responsibilities, included when complex tax considerations exist
7. Break Fee: Provisions for compensation if either party backs out under specific circumstances, included when additional security is desired
1. Property Details Schedule: Detailed technical description of the property, including boundaries, easements, and encumbrances
2. Land Register Extract: Current extract from the land register showing ownership and encumbrances
3. Property Plans: Official property plans and surveys
4. Option Premium Payment Schedule: If applicable, detailed schedule of option premium payments
5. Form of Exercise Notice: Template for the formal notice to exercise the option
6. Due Diligence Documents: List of documents provided or to be provided for due diligence
7. Existing Leases: Details of any existing leases or occupancy agreements affecting the property
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Residential Property
Property Development
Construction
Investment Management
Banking & Finance
Legal Services
Property Management
Urban Development
Relevant Teams
Legal
Real Estate
Property Development
Investment
Asset Management
Compliance
Finance
Risk Management
Corporate Development
Acquisitions
Relevant Roles
Real Estate Manager
Property Development Director
Legal Counsel
Investment Manager
Asset Manager
Real Estate Broker
Property Acquisition Manager
Development Project Manager
Real Estate Investment Analyst
Compliance Officer
Corporate Lawyer
Chief Investment Officer
Real Estate Portfolio Manager
Transaction Manager
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