The Deed of Sale Form is a crucial legal instrument in Swiss property transactions, essential for documenting and executing the transfer of real estate ownership. This document type is mandatory under Swiss law and must be notarized to be legally valid. It encompasses all necessary elements required by Swiss property law, including precise property descriptions, payment terms, and ownership transfer conditions. The document is particularly important as it forms the basis for land registry recording and must comply with various regulations, including cantonal requirements and federal laws such as Lex Koller for foreign purchases. A properly executed Deed of Sale Form provides legal certainty for both parties and ensures compliance with Swiss property transfer requirements, making it an indispensable tool in both residential and commercial real estate transactions.
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1. Parties: Detailed identification of the seller and buyer, including full legal names, addresses, and identification numbers as required by Swiss law
2. Background: Context of the sale and brief property history
3. Definitions: Key terms used throughout the deed, including property-specific terminology
4. Property Description: Detailed description of the property including land registry details, plot number, size, and exact location
5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and conditions for the transfer of property ownership and registration in the land registry
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
9. Handover: Terms and timing of property possession transfer
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts
11. Execution: Formal execution requirements including notarization provisions
1. Mortgage Arrangements: Details of existing or new mortgage arrangements, used when the property has existing mortgages or requires new financing
2. Lex Koller Compliance: Specific provisions regarding foreign ownership compliance, required when buyer is not Swiss
3. Tenant Rights: Details of existing tenancy agreements and their transfer, included when property is currently leased
4. Environmental Provisions: Specific provisions regarding environmental issues or contamination, included when relevant environmental concerns exist
5. Construction Rights: Details of any building rights or restrictions, included for properties with development potential or restrictions
6. Easements and Encumbrances: Detailed description of existing rights of way or other encumbrances, included when such rights exist
7. Special Use Provisions: Specific terms regarding property use restrictions or requirements, included for properties with special use conditions
1. Property Extract: Official land registry extract showing current ownership and encumbrances
2. Property Plans: Official cadastral plans and property boundaries
3. Building Documentation: Plans, permits, and technical specifications of buildings on the property
4. Inventory List: List of included fixtures, fittings, and other items included in the sale
5. Due Diligence Reports: Technical, legal, and environmental assessment reports
6. Insurance Certificates: Current property insurance documentation
7. Tax Certificates: Property tax assessment and payment status
8. Energy Certificate: Energy efficiency rating and certification
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