The Contract For Selling A House is a formal legal document used in Swiss real estate transactions to facilitate and document the transfer of residential property ownership. This contract type is essential for any house sale in Switzerland and must comply with federal and cantonal laws, including the Swiss Civil Code and Code of Obligations. It requires official notarization and subsequent registration in the land registry to be legally valid. The document encompasses all crucial aspects of the property transfer, including detailed property description, purchase price, payment terms, warranties, and transfer conditions. It's particularly important to note that Swiss property transactions have specific requirements regarding foreign buyers (Lex Koller), mortgage arrangements, and cantonal regulations, all of which must be reflected in the contract when applicable. The document serves as the foundational agreement protecting both parties' interests and ensuring a legally compliant property transfer.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and citizenship status (relevant for Lex Koller compliance)
2. Background: Context of the sale and brief property history
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, plot number, address, size, and building specifications
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements
7. Handover Date: Specified date and conditions for property possession transfer
8. Warranties and Representations: Seller's warranties regarding property condition, ownership, encumbrances, and compliance with regulations
9. Property Condition: Current state of the property, known defects, and agreed condition at handover
10. Costs and Taxes: Allocation of notary fees, land registry costs, transfer taxes, and other transaction expenses
11. Insurance and Risk: Transfer of insurance obligations and risk allocation
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Mortgage Arrangements: Details of existing mortgage discharge or new mortgage arrangements, used when property has existing financing
2. Tenant Rights: Information about existing tenancies and their treatment, included when property is currently rented
3. Renovation Agreement: Specific arrangements for agreed renovations before or after sale, included when property improvements are part of the deal
4. Environmental Provisions: Special provisions regarding environmental issues or contamination, included for properties with known environmental concerns
5. Furniture and Fixtures: List of movable items included/excluded in sale, used when sale includes specific furniture or equipment
6. Construction Warranties: Transfer of existing construction warranties, included for newer properties with active builder warranties
7. Right of First Refusal: Future sale restrictions or preferences, included when parties agree to special future sale conditions
8. Special Use Provisions: Specific terms regarding property use restrictions or requirements, included for properties with unique zoning or usage conditions
1. Property Documentation: Land registry extract, floor plans, and property measurements
2. Technical Documentation: Building permits, safety certificates, and technical specifications
3. Property Condition Report: Detailed assessment of property condition including photographs
4. Inventory List: Detailed list of included fixtures, fittings, and any furniture included in sale
5. Energy Performance Certificate: Current energy efficiency rating and certification
6. Insurance Certificates: Existing building insurance documentation
7. Mortgage Documentation: Current mortgage details and discharge arrangements
8. Land Register Extract: Current extract from the land register showing ownership and encumbrances
9. Due Diligence Reports: Environmental, structural, or other technical survey reports
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