The conditions of sale depend on certain factors, including:
- The type of property (villa, flat, commercial premises, parking place, etc.)
- The location of the property
- The type of sale (sale in your own name, as a property company, in a building with devided ownership, etc.)
- The construction area where the property is located, etc.
- The possible use of mortgage arrangements
- The financing of the operation
- Matrimonial law and civil law
- The vendor (physical person or moral person, heirs, ordinary company, civil status of the vendor, etc.)
And comprise certain elements, including:
- The designation of the property for sale
- The entries in the Land Register/Land Survey (comments, notes, easements, etc.)
- The mortgage situation and finance
- Entry into possession and handing over the keys
- The conveyance of the property
- The condition of the property
- The guarantee, assignment of guarantee, or exlcusion of guarantee
- The surface areas
- The pubic taxes and payments
- The insurance
- The breakdown of charges
- Taking over leases or confirmation of the non-existence of a lease
- The assignment of rights
- Registration fee
- Costs
- Lex Koller (Koller Law)
- Matrimonial law
- Sale price
- etc.
Certain sale conditions are legally determined, for instance:
- Matrimonal law, matimonial home, signature of the husband and wife/partners
- Lex Koller (Koller Law), persons abroad
- Agricultural zones: maximum sale price set by the State, sale to famers
- Notarially recorded instrument or deed of sale, entry in the Land Register
- Public taxes and payments
- Application for authorization of a sale in Geneva for flats of 1 to 7 rooms under certains conditions (p.ex. flat was rented or offered for rent)
- Registration fee
Other conditions, such as price, guarantee or exclusion of guarantee, the date of entry into possession, etc., are negotiable. The abovementioned lists are not exhaustive.
© Esther Lauber, Real Estate Trustee with Advanced Federal Diploma of Professional Education and Training, real estate broker
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