The Purchase Agreement For Land Sale is a crucial legal document used in Swiss real estate transactions to formalize the transfer of land ownership. It is essential for any land sale transaction in Switzerland, whether between private individuals, corporate entities, or a combination thereof. The agreement must comply with specific Swiss legal requirements, including mandatory notarization and registration in the cantonal land registry. It incorporates provisions from both federal and cantonal laws, including the Swiss Civil Code (ZGB) and Code of Obligations (OR). For foreign buyers, additional considerations under Lex Koller must be addressed. The document typically includes detailed property descriptions, price and payment terms, warranties, and specific conditions for closing. This type of agreement is fundamental to ensuring legal certainty in real estate transactions and protecting both parties' interests through a formally recognized contract structure.
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1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details if applicable
2. Background: Context of the transaction and brief property history
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot number, size, and exact location
5. Purchase Price: Purchase price, payment terms, deposit requirements, and payment schedule
6. Transfer of Ownership: Process and conditions for transferring property ownership
7. Representations and Warranties: Seller's declarations regarding property condition, title, encumbrances, and compliance with laws
8. Due Diligence: Buyer's right to inspect and investigate the property
9. Closing Requirements: Conditions precedent, required documentation, and closing process
10. Costs and Taxes: Allocation of transaction costs, taxes, and fees
11. Notarization: Requirements for public authentication of the agreement
12. Land Registry: Process for registration in the land registry
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. Signatures: Execution blocks for all parties
1. Mortgage Arrangements: Include when the purchase involves mortgage financing
2. Lex Koller Compliance: Required when the purchaser is a foreign national or entity
3. Environmental Provisions: Include when environmental issues or contamination are known or suspected
4. Tenant Rights: Include when the property is subject to existing tenancies
5. Agricultural Land Provisions: Required when the property includes agricultural land
6. Construction/Development Rights: Include when the property has pending or potential development rights
7. Easements and Servitudes: Include when specific rights or restrictions affect the property
8. Condition Precedent: Include when the sale is subject to specific conditions like obtaining permits or financing
1. Property Plans: Official land registry plans and property boundaries
2. Title Documentation: Current land registry extract and ownership history
3. Property Inventory: List of included fixtures, fittings, and equipment
4. Environmental Reports: Any environmental assessments or contamination reports
5. Building Permits: Copies of existing building permits and certificates
6. Zoning Certificate: Current zoning status and restrictions
7. Insurance Certificates: Proof of current property insurance
8. Payment Schedule: Detailed schedule of payment installments if applicable
9. Existing Contracts: Copies of relevant service contracts, warranties, or guarantees
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Agriculture
Hospitality
Retail
Industrial
Commercial Property
Residential Property
Banking & Finance
Legal Services
Environmental Services
Urban Development
Tourism
Relevant Teams
Legal
Real Estate
Compliance
Business Development
Investment
Property Management
Corporate Development
Risk Management
Operations
Finance
Acquisitions
Relevant Roles
Real Estate Lawyer
Property Developer
Real Estate Agent
Legal Counsel
Notary Public
Land Registry Officer
Property Manager
Business Development Executive
Investment Manager
Compliance Officer
Real Estate Investment Analyst
Corporate Counsel
Development Director
Asset Manager
Transaction Manager
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