Even if the property has defects, the purchase contract should not.

You will receive a personalized quote for the contract review at a fixed price starting from CHF 595

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With the signature under a real estate purchase contract or a general contractor (GU) / total contractor (TU) contract, the buyer/contractor commits to paying several hundred thousand Swiss Francs. Therefore, it is worthwhile to carefully examine the opportunities and risks. Do not buy a "pig in a poke" so that the dream of homeownership does not turn into a nightmare.

An experienced expert will thoroughly review the contract and provide a comprehensive "Red-Flag" report, including tips for optimization.

About the Package

When you're pleased with the property and the seller presents you with a draft contract, it's important not to feel pressured to sign it without having it reviewed by a specialist first.

Target Audience

This offer is aimed at buyers of existing houses and apartments, as well as property developers who are building their own homes, whether it's traditionally with an architect and contractors or as buyers of turnkey projects from a general or total contractor.

Process and Duration

You will receive the contract check within a maximum of three working days. Some points may need further clarification afterward.

Service

You will receive a report including the following:

  • Evaluation of the seller / GU / TU based on the commercial register, references, and comments on the internet
  • Commentary and evaluation of the most important clauses (green/yellow/red)
  • Notes on the construction description
  • Rough property valuation (location, purchase price, geoportal, partial land register (if publicly accessible))
  • Summary of the most important opportunities and risks

Optional Phone Debriefing:

  • Condominium ownership: Examination of condominium regulations and administrative regulations
  • For traditional property developers: Examination of architecture and work contracts as well as cost estimates
  • Construction technical inspection (pre-acceptance) together with an architect

Price

You will receive an individual offer for contract review.

  • Purchase contract: CHF 595 incl. VAT
  • Work contract: CHF 714 incl. VAT
  • Purchase and work contract: CHF 952 incl. VAT
  • Condominium regulations/administrative regulations: CHF 487 incl. VAT
  • Architecture/work contracts: CHF 238 incl. VAT per contract
  • Pre-acceptance (with architect on-site): CHF 1,622 incl. VAT

Do you have any special requests or circumstances to be considered? Mention them in the free-text field in the request form.

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Get a non-binding offer

Do you have any questions?

I am happy to personally advise you on ensuring that your company is legally well-positioned.

 

 

Dominic Rogger

Lawyer, lic. iur. LL.M. 

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What do I need to know about real estate contracts?

The real estate purchase contract is usually drafted by a notary appointed by the seller. The interests of the buyer are often inadequately considered. The contract is notarized and registered in the land register. Often, the mortgage deeds are also established simultaneously for financing arrangements. In the case of new buildings (general/total contractors), the construction contract is often integrated at the same time.

Actually always. Due to the freedom of design, there are many pitfalls. Individual clauses or missing regulations can have significant negative consequences.

Of course, the buyer can hardly ever achieve their optimum. But it is advantageous if the buyer is aware of the risks. In some cases, it is also possible to secure oneself elsewhere (e.g., insurance, guarantees). In addition, it is advisable to consider usage desires and risks on the buyer's side in the considerations (e.g., taxes, renovation costs, expansion/modification desires, marital property regime).

The purchase contract is signed before a notary and notarized by them. Since it can take several weeks until registration in the land register, this should be done in good time. Before registration, the bank will not provide the loan. The costs are usually borne by the buyer.

In most cases, warranty and liability are excluded to the extent legally permissible in the purchase contracts. Therefore, it is all the more important to uncover all defects at the handover. A precise description of the property can also help to assert warranty or damages claims afterwards.

In the case of construction contracts (individual/general/total contractors), it is essential to carefully examine how liability/warranty is regulated and whether any warranty claims are correctly assigned.

In principle, once a contract is signed, you cannot withdraw ("pacta sunt servanda").

Although there are certain legal remedies such as error, deception, improper contract performance, etc., which allow for withdrawal, the burden of proof (and thus the risk of costs) for the buyer is very high.

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