Definition of a right to purchase under Swiss law

A right to purchase allows you to acquire a specific property at the agreed price and on the agreed terms by making a declaration to the owner. Unlike a right of first refusal, its exercise does not depend on the owner’s decision to sell.

Right to purchase in Switzerland: how it works

The agreement granting a right to purchase over real estate must be executed as a public deed. It specifies the property, price, duration and terms of exercise; under Swiss law, the maximum duration is ten years.

Valid exercise makes the sale binding without any further consent from the owner. Ownership is nevertheless transferred only upon registration in the land register.

Right to purchase, land register and mortgage

An annotation in the land register is not mandatory, but it makes the right enforceable against subsequent purchasers. Without an annotation, your protection remains essentially contractual.

Before a purchase or financing, check the land register extract: this right can restrict resale, impose a fixed price and affect the mortgage lender’s assessment of the property pledge.