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Deed Of Sale With Right To Repurchase

Deed Of Sale With Right To Repurchase Template for Switzerland

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Key Requirements PROMPT example:

Deed Of Sale With Right To Repurchase

"I need a Deed of Sale with Right to Repurchase for my commercial warehouse in Geneva, with a repurchase right that can be exercised within 3 years from March 2025, and the repurchase price should include any improvements made to the property plus 5% annual interest."

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Document background
The Deed of Sale with Right to Repurchase is commonly used in Swiss real estate transactions where sellers wish to retain the possibility of recovering their property in the future. This arrangement is particularly useful in strategic property deals, family arrangements, or business restructuring scenarios. The document must comply with Swiss Civil Code (ZGB) and Code of Obligations (OR) requirements, particularly regarding property transfer formalities and repurchase rights. It combines elements of a standard property sale with specific provisions detailing the repurchase mechanism, including price calculation, exercise period, and conditions. The deed requires notarization and must be registered in the land register to be legally effective. This type of agreement provides flexibility while maintaining legal certainty, making it valuable for both commercial and private property transactions in Switzerland.
Suggested Sections

1. Parties: Identification and details of the Seller and Buyer, including full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the transaction, including brief description of the property and the parties' intention to include a right of repurchase

3. Definitions: Key terms used throughout the deed, including 'Property', 'Purchase Price', 'Repurchase Price', 'Repurchase Period', etc.

4. Property Description: Detailed legal description of the property, including land register details, plot number, address, and exact measurements

5. Sale Price and Payment Terms: Specified purchase price, payment method, and timing of payment

6. Transfer of Ownership: Terms regarding the transfer of title, including the date of transfer and registration requirements

7. Right of Repurchase: Detailed terms of the repurchase right, including trigger conditions, exercise period, and price calculation

8. Exercise of Repurchase Right: Process and formalities for exercising the repurchase right, including notice requirements

9. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and condition

10. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties

11. Registration: Provisions regarding land register registration of both the sale and the repurchase right

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Mortgage Provisions: Required if the property is subject to existing mortgages or if new financing is involved

2. Tenant Rights: Needed if the property is currently leased to tenants

3. Environmental Provisions: Required if there are known environmental issues or contamination

4. Insurance Requirements: Specific insurance obligations during the repurchase period

5. Property Management: Terms regarding property maintenance during the repurchase period

6. Third Party Rights: Required if there are easements or other third-party rights affecting the property

7. Force Majeure: Provisions dealing with extraordinary circumstances affecting the repurchase right

8. Dispute Resolution: Alternative dispute resolution procedures if preferred over standard court jurisdiction

Suggested Schedules

1. Property Details: Detailed technical description, including plans, boundaries, and measurements

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

3. Purchase Price Calculation: Detailed breakdown of the purchase price components

4. Repurchase Price Calculation: Formula and method for calculating the repurchase price

5. Property Condition Report: Current condition assessment of the property

6. Existing Encumbrances: List of all existing easements, restrictions, and encumbrances

7. Required Permits: Copies of relevant building permits and certificates

8. Payment Schedule: If applicable, detailed schedule of installment payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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