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Old 17.04.2018, 16:55
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Private sale of apartment -processes?

Anyone know the processes involved in conducting a private sale of an apartment? We've got a buyer lined up for ours who is willing to put down a 10% deposit immediately and then complete the sale in a couple of months, so we need to have some sort of pre-contract agreed for this - is there a standard form we can use for this without involving a Notaire in the short term?

(Clearly the sale itself will need to be properly done by a Notaire, but I'd like to be able to set up the pre-purchase deposit and agreement in principle in the very short term.)

Any other experiences welcome.
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Old 17.04.2018, 17:52
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Re: Private sale of apartment -processes?

we offered on, and agreed to purchase our current apartment in July 2017, with sale to be completed January 2018.

I made the offer formally in writing, and with the conditions (price, completion date). The notary paperwork was then done and signed somewhen in August I think. We signed the sale contract already at that point (with completion to be January) and paid the deposit into the notary's account.

The bank and we then transferred the remainder of the purchase price to the notary in time for the January completion date.

Is your buyer wanting to delay only the completion date? ' if so, suggest you and they proceed to instruct a notary as above.

or not willing to proceed to contracts yet?

if so, then given that a verbal contract is technically binding here, I would expect a clearly written document stating the intentions of both parties and signed by both would be sufficient.
- amount of deposit
- intention of purchaser to buy apartment X at CHF Y
- agreement of vendor to sale apartment X at CHF Y
- if the purchaser does not complete sale by XXX, vendor keeps the deposit
- if vendor does not complete sale by XXX, purchaser entitled to return of deposit plus some penalty
- any other conditions you or they want
- deposit to be held by ??? notary, some sort of bank account like the ones used for rental deposit
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Old 18.04.2018, 14:48
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Re: Private sale of apartment -processes?

The most important thing for you is to secure the deposit and the correct way to do that is for it to go in escrow subject to the conditions whatever they are going to be. Usually a notaries bank account is the one all parties will be comfortable with.

Your notary should be able to write a very short email which is binding with the terms you and the buyer want. You all agree, buyer pays, job done.
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Old 18.04.2018, 15:16
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Re: Private sale of apartment -processes?

If it's anything like here in the east, your local Grundbuchamt (or whatever that is in French) might be able to help with a standard contract.
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Old 18.04.2018, 19:15
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Re: Private sale of apartment -processes?

Why have two steps if the buyer's intention is to complete the purchase? Just go to a notary and do the formal purchase agreement that specifies payment schedule (CHF X by date A and CHF Y by date B) and notes that the ownership transfer will be completed upon the receipt of the final payment. If you have any suspicion that the sale may not be finalised then include some clause about keeping (a portion of) the deposit should the buyer decide to bail out. The buyer may also want some guarantee that the condition on the handover date will be the same as at contract signature.
The deposit should normally be held by the notary and you should not have access to those funds until the property is handed over.
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