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Absolute Deed Of Sale Template for Switzerland

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Key Requirements PROMPT example:

Absolute Deed Of Sale

"I need an Absolute Deed of Sale for a commercial property transfer in Zurich, Switzerland, where the buyer is a foreign corporation requiring Lex Koller approval, with completion scheduled for March 2025."

Document background
The Absolute Deed of Sale is a crucial legal instrument in Swiss property law, used to formalize and execute the permanent transfer of real estate ownership. This document type is mandatory for all property transfers in Switzerland and must be executed as a public deed before a notary public. The deed contains essential elements required by Swiss law, including precise property identification, price terms, and transfer conditions. It serves as the basis for registration in the land register (Grundbuch), which is necessary to complete the property transfer. The document must comply with federal Swiss law, particularly the Civil Code (ZGB) and Code of Obligations (OR), as well as cantonal regulations. The Absolute Deed of Sale is typically prepared following the successful negotiation of a preliminary sale agreement and requires careful review of title, encumbrances, and compliance with various property transfer regulations, including potential restrictions under Lex Koller for foreign buyers.
Suggested Sections

1. Parties: Detailed identification of the seller and buyer, including full names, dates of birth, nationalities, and registered addresses

2. Property Description: Precise legal description of the property including land register details, parcel number, size, location, and building details if applicable

3. Ownership Confirmation: Declaration of current ownership and confirmation of right to sell

4. Purchase Price: Specification of the purchase price, currency, and payment terms

5. Payment Terms: Detailed description of how and when the purchase price will be paid, including any escrow arrangements

6. Transfer of Ownership: Terms of the transfer of title and possession, including the exact date of transfer

7. Warranties: Seller's warranties regarding the property's condition, encumbrances, and legal status

8. Costs and Taxes: Allocation of notary fees, registration costs, and transfer taxes between the parties

9. Registration Authorization: Authorization for land register entry and any required declarations for registration

10. Applicable Law: Confirmation of Swiss law application and jurisdiction

11. Execution: Formal execution clause meeting notarial requirements

Optional Sections

1. Mortgage Arrangements: Required if there are existing mortgages to be discharged or new mortgages to be registered

2. Tenant Provisions: Required if the property is subject to existing tenancy agreements

3. Special Usage Rights: Required if there are easements, rights of way, or other special rights to be transferred or created

4. Construction Obligations: Required if there are ongoing or planned construction works affecting the property

5. Environmental Provisions: Required if there are environmental issues or contamination concerns

6. Foreign Buyer Provisions: Required if the buyer is foreign and Lex Koller provisions apply

7. Co-Ownership Rules: Required if the property involves co-ownership or condominium ownership

Suggested Schedules

1. Property Plans: Official land register plans and property boundaries

2. Building Documentation: Floor plans, building permits, and technical specifications

3. Land Register Extract: Current extract from the land register showing ownership and encumbrances

4. Inventory List: If fixtures and fittings are included in the sale

5. Insurance Certificates: Current building insurance documentation

6. Energy Performance Certificate: Official energy efficiency rating documentation

7. Property Inspection Report: Technical assessment of the property's condition if commissioned

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

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Real Estate Lawyer

Property Manager

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Notary Public

Legal Counsel

Corporate Counsel

Business Development Manager

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Property Developer

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