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A reform of the Swiss contractual law effective January 1, 2026, will strengthen protections for buyers in real estate sales and construction contracts. The law introduces a mandatory minimum period of 60 days...
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Ticino Management, September 2025 Edition Journal
A reform of the Swiss contractual law effective January 1, 2026,
will strengthen protections for buyers in real estate sales and
construction contracts. The law introduces a mandatory minimum
period of 60 days for reporting defects in real estate and related
works—an improvement over the previous requirement for
immediate notification, which courts interpreted as within roughly
seven days. This new period cannot be contractually shortened, and
any clause attempting to limit or exclude the buyer's right to
free repair of defects will be invalid.
Additionally, the reform prohibits sellers of newly constructed
properties from transferring all warranty claims solely to the
buyer, a practice that previously forced buyers to pursue remedies
directly against contractors they did not know. Buyers will now
benefit from stronger, more direct rights and protections, ensuring
easier and more effective recourse in the event of construction
defects.
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