Definition of the right of first refusal with a mortgage loan

The right of first refusal gives you priority to buy a property when its owner sells it to a third party, without allowing you to trigger the sale yourself. By exercising it, you generally acquire the property on the terms negotiated with that third party.

Right of first refusal under Swiss law: trigger and time limit

It becomes exercisable upon a sale or an economically equivalent transaction, but not upon a mere intention to sell. The seller must notify you of the contract and its contents; you then have three months to act. For a statutory right, the period expires no later than two years after the new buyer is entered in the land register.

Right of first refusal, form and property purchase

An agreement without a price fixed in advance may be concluded in writing; if the price is predetermined, a notarised deed is required. It may last up to 25 years and be noted in the land register. Before financing the purchase, check this extract: if the right is exercised, the beneficiary may obtain the transfer of the property instead of the original buyer.