The Land Sale Purchase Agreement is a crucial document used in Swiss real estate transactions to formalize the transfer of property ownership. It must be prepared in accordance with Swiss federal and cantonal laws, requiring official notarization to be legally valid. This document is essential for any real estate transaction in Switzerland, whether involving private individuals, companies, or commercial properties. It contains detailed provisions about the property, parties, purchase price, payment terms, and transfer process, while ensuring compliance with specific Swiss regulations such as the Lex Koller for foreign buyers and cantonal property transfer requirements. The agreement serves as the foundation for the property transfer process and subsequent land registry registration, making it a fundamental document in Swiss real estate transactions.
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Key Requirements PROMPT example:
Land Sale Purchase Agreement
"I need a Land Sale Purchase Agreement for the purchase of a commercial property in Zurich, Switzerland, with a purchase price of 5 million CHF and completion scheduled for March 2025, including specific provisions for existing building permits and development rights."
1. Parties: Identification of the seller and purchaser with full legal names, addresses, and any registration details for legal entities
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, etc.
4. Property Description: Detailed description of the property including land registry details, plot number, size, and boundaries
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Schedule of payments, including deposit, down payment, and final payment arrangements
7. Conditions Precedent: Conditions that must be fulfilled before completion, including obtaining necessary permits and approvals
8. Due Diligence: Buyer's right to inspect property and review documentation
9. Representations and Warranties: Seller's declarations regarding property condition, title, and absence of encumbrances
10. Transfer of Ownership: Process and timing for legal transfer of title and registration in land registry
11. Costs and Taxes: Allocation of notary fees, transfer taxes, and other transaction costs
12. Handover: Timing and process for physical possession transfer and utilities handover
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
14. Execution: Notarization requirements and signing process
1. Mortgage Arrangements: Details of existing mortgage discharge or new mortgage arrangements, used when property has existing financing
2. Tenant Provisions: Details about existing tenancies and their treatment, used when property is subject to ongoing leases
3. Environmental Provisions: Specific clauses regarding environmental conditions or contamination, used for industrial properties or known environmental issues
4. Construction Obligations: Details of any pending or required construction work, used for properties under development
5. Foreign Buyer Provisions: Additional provisions required under Lex Koller, used when purchaser is a foreign national
6. Agricultural Land Provisions: Special provisions required for agricultural land sales, used when property is classified as agricultural
7. Easements and Rights of Way: Detailed provisions regarding existing easements, used when property has specific access or utility arrangements
8. Furniture and Fittings: List of included/excluded items, used when sale includes movable property
1. Property Plan: Official land registry extract and property plans
2. Title Documents: Current land register extract and ownership documentation
3. Property Inventory: List of included fixtures, fittings, and equipment if applicable
4. Due Diligence Documents: Building permits, zoning certificates, and technical reports
5. Existing Contracts: Copies of relevant service contracts, warranties, and guarantees
6. Environmental Reports: Any environmental assessments or contamination reports
7. Payment Schedule: Detailed breakdown of payment installments and timing
8. Handover Protocol: Template for recording the physical handover of the property
9. Building Insurance: Current building insurance documentation
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Land Registry Officer
Property Developer
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Commercial Director
Chief Financial Officer
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Asset Manager
Acquisition Manager
Corporate Lawyer
Property Surveyor
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