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Owner Financed Sales Contract Template for Switzerland

A comprehensive legal agreement governed by Swiss law that facilitates a property sale where the seller provides direct financing to the buyer instead of the buyer obtaining traditional bank financing. The document combines elements of both a property sale agreement and a loan agreement, structured to comply with Swiss property law, financing regulations, and cantonal requirements. It details the purchase price, payment terms, interest rates, security arrangements, and conditions for title transfer, while incorporating necessary protections for both parties under Swiss legal framework.

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What is a Owner Financed Sales Contract?

The Owner Financed Sales Contract is utilized in Switzerland when traditional bank financing is either not preferred or not available for a property purchase. This document serves as both a sales agreement and a financing arrangement, providing an alternative pathway for property acquisition. It is particularly relevant in situations where sellers are willing to accept periodic payments instead of a lump sum, or where buyers may face challenges accessing conventional mortgage financing. The contract must comply with Swiss federal and cantonal regulations, including the Swiss Code of Obligations, Civil Code, and where applicable, Lex Koller for foreign buyers. It typically includes detailed terms about the property transfer, payment schedule, interest rates, security arrangements, and default provisions, all structured within the Swiss legal framework.

What sections should be included in a Owner Financed Sales Contract?

1. Parties: Identification of seller (owner-financier) and buyer, including full legal names, addresses, and any registration numbers

2. Background: Context of the sale, description of the property, and explanation of the owner-financing arrangement

3. Definitions: Key terms used throughout the agreement, including property description, purchase price, financing terms, and other relevant terminology

4. Sale and Purchase: Core terms of the property sale, including property description, purchase price, and transfer conditions

5. Payment Terms: Detailed structure of the owner financing, including down payment, installment amounts, interest rate, and payment schedule

6. Security Arrangements: Legal mechanisms to secure the seller's interest, including mortgage or lien provisions

7. Transfer of Title: Conditions and process for the transfer of property ownership, including registration requirements

8. Representations and Warranties: Statements of fact and guarantees from both parties regarding the property and their capacity to enter the agreement

9. Insurance and Maintenance: Requirements for property insurance and maintenance obligations during the financing period

10. Default and Remedies: Consequences and procedures in case of payment default or other breaches

11. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes

What sections are optional to include in a Owner Financed Sales Contract?

1. Early Repayment: Terms for early loan repayment and any associated penalties or benefits, optional if early repayment is not permitted

2. Property Use Restrictions: Specific limitations on property use during the financing period, needed if seller wants to maintain certain controls

3. Third-Party Rights: Provisions regarding existing tenants or other third-party rights, required only if applicable

4. Tax Provisions: Specific tax arrangements and responsibilities, needed if special tax considerations apply

5. Foreign Ownership Compliance: Special provisions for compliance with Lex Koller, required only if buyer is a foreign national

What schedules should be included in a Owner Financed Sales Contract?

1. Property Description: Detailed legal description of the property, including land registry details and property plans

2. Payment Schedule: Detailed amortization table showing payment dates, principal and interest breakdown

3. Property Condition Report: Documentation of property condition at time of sale

4. Existing Encumbrances: List of any existing mortgages, liens, or other encumbrances on the property

5. Insurance Requirements: Detailed specifications for required property insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Cost

Free to use

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