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In Switzerland, property transfer requires a notarized public deed for legal security and transparency. The notary ensures the legal compliance of the contract and informs the parties of the fiscal and civil implications.
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Ticino Management (Ausgabe März 2025) Newspaper
In Switzerland, property transfer requires a notarized public
deed for legal security and transparency. The notary ensures the
legal compliance of the contract and informs the parties of the
fiscal and civil implications. The registration in the land
registry, authenticated by the notary, is essential for the binding
transfer of ownership. The notarial system varies by canton: public
notaries, independent notaries, and mixed systems. It is common for
brokers to facilitate written reservation agreements between buyers
and sellers, often involving a deposit. However, these agreements
lack binding legal form and pose risks. Sellers can sell to third
parties, and buyers might struggle to recover deposits.
Additionally, penalty clauses can be enforced by sellers if buyers
default. To avoid risks, it is advisable to have agreements
reviewed by an expert or proceed directly to notarized deeds with
deposits held by the notary.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
