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Old 06.05.2008, 23:22
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Buying property: understanding the contract

We are in the process of purchasing an off-plan apartment. Some parts of the purchase contract are unclear so we provided the notary (proposed by the seller) with a list of questions with a view to clarifying a few points. The notary seems very reluctant to provide any answers in writing (email) and suggests a meeting.

While we're happy to meet him, we'd be more comfortable getting a formal written response to our questions before the meeting. What's the usual practice here? Any experiences? Who else can help us review the contract?
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Old 07.05.2008, 00:14
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Re: Buying property: understanding the contract

What are your questions...? Maybe the answers are already here on EF.
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Old 07.05.2008, 10:39
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Re: Buying property: understanding the contract

The general rule is that you select a notary, not the seller, so you should be able to shop around and find the notary that will answer your questions. There is also a 'permanence' in Geneva http://www.notaires-geneve.ch/permanence.php where you can get to meet a notary and get some basic advice for a small sum (similar to 'permanence juridique' for legal advice).

It may also not be a bad idea to contact this company (already recommended at the forum): http://www.d-l.ch/. They can read the contract for you and give you useful advice on a range of real estate issues.

Finally, if you are buying 'sur plan', it is worthwhile to check the area (for environmental information, noise level, status of project, other development projects in the area). The site in Geneva where you can find all kind of useful information is http://etat.geneve.ch/topoweb4/Main.aspx.
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Old 07.05.2008, 10:46
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Re: Buying property: understanding the contract

where abouts you buying? anywhere near la saleve given your user name?
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Old 07.05.2008, 10:56
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Re: Buying property: understanding the contract

There is a new development project in Veyrier, so perhaps that's it: http://www.bois-carre.ch/
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Old 07.05.2008, 11:04
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Re: Buying property: understanding the contract

quite a few just under the saleve too.. which is where im buying...
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Old 07.05.2008, 11:33
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Re: Buying property: understanding the contract

[In canton Zurich] The notary (or Notariat) is the one in the community where you are buying and is not an independent business but part of the community offices. In Thalwil the Grundbuchamt, Konkursamt and Notariat are all in the same office.

Contracts are usually stacked against the seller and for the buyer and the notary should pose questions for the seller about any points he or you are uncertain about.

I wouldn't be too worried about not getting questions answered in writing. You could have the meeting with them, then confirm your understanding of the points discussed and ask the notary to sign a copy of the letter and return it to you. You'll be paying half the notary's fees...
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Old 07.05.2008, 20:42
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Re: Buying property: understanding the contract

Thanks for all the advice. Most of our questions are quite specific to our project which is in the Canton de Vaud (and not on the Saleve, although we do enjoy hiking up there!). The links posted above were helpful.
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Old 08.05.2008, 08:45
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Re: Buying property: understanding the contract

Sorry, I understood that you are buying in Geneva. You can still contact Defferrard&Lanz, they specialise in real estate in the Geneva-Lausanne area.

As to the notaries, I was recommended Olivier Thomas in Nyon as very good and also English-speaking, so I am quite sure that he could look at the contract and answer your questions. Or you can find another notary here: http://www.notaires.ch/members/search.lasso

The Topoweb equivalent in Vaud is http://www.geoplanet.vd.ch/. It is very useful to consult this site to see if there are any environmental issues there and also to check if something else is going to be built there in 2-3 years to potentially block your view.

Good luck with your project!

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