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Helvetia ImmoWorld Ratgeber: Rechtsberatung Immobilienkauf
CHF 160.- discount on legal advice

Legal advice. What to watch out for when purchasing real estate.

Buying a house or apartment is a big step. That is why the best possible preparation is so important. YLEX offers fast, professional support with legal issues – regardless of whether you have made a claim. YLEX is giving all Helvetia customers legal advice to the value of CHF 160.–.
Purchasing existing property
Have you found the property that is right for you? Take an expert along with you when you inspect it. They will know what you need to look out for. But also pay attention to your gut feeling. Did you have a good feeling during the inspection? Was the seller able to answer your questions?
Sales contract

Don’t be hasty in making payments. The payment conditions are set out in the sales contract. As a rule, no money is transferred until both parties have signed the contract, it has been certified by a notary and entered in the land register. Sign the contract only if you have understood its contents. If anything is unclear, consult with the notary. Warranty and guarantee are two aspects of particular interest.

Important documents

Make sure you have carefully examined and understood these documents:

  • Land register excerpt
  • Official valuation and valuation by an independent third party
  • Plans (zone, cadastral map)
  • Building insurance certificate
  • Information on the building (year of construction, heating system, living space, etc.)
  • Proof of renovations/refurbishments/defects
  • Sales contract

Legal protection insurance

Having trouble with a neighbour or disagreements with the management company? Our supplementary legal protection insurance for owner-occupied residential property can prove helpful when an everyday situation suddenly becomes a legal dispute.

Go to legal protection insurance
New build
If you as the building principal are acting together with an architect, it is up to you to conclude the contracts with the different tradespeople involved and coordinate construction work. Alternatively, you can commission a general contractor to perform these tasks for you. Either way, it is important that the partners you work with are trustworthy.
Working with a general contractor

A general contractor takes on full responsibility for the construction work. This relieves you of the task of coordination and the associated responsibility. However, it also means you lose your influence over the construction work and the choice of subcontractors.

Have you opted for a general contractor? Then you need to conclude a construction contract with them. Pay attention to the contract provisions governing the assignment of your right to have defects rectified. Some general contractors exclude any liability on their part for defects. If it then comes to a claim, it is up to you to investigate the defects as necessary and to enforce the claim against the subcontractor within the prescribed time period. This is often time- and cost-intensive, and there is no guarantee of success. That is why we advise you not to exclude the general contractor’s liability altogether.

Acceptance of the building work

When accepting the building work, you must check the entire building for damage and defects. Once the work has been accepted, both the guarantee period and the time period for reporting defects commence. During the guarantee period the general contractor or subcontractor must rectify all the defects reported on acceptance. If you fail to report an obvious defect at the time of acceptance, the building work is deemed to have been accepted with that defect, meaning your forfeit your guarantee entitlement. That is why it is worth taking along an independent construction consultant when you inspect the building work. Another recommendation is to conclude a construction contract that complies with Standard 118 of the Swiss Society of Engineers and Architects. That way you do not need to report the defects on acceptance, but within the following two years.

Important documents

Make sure you have carefully read and understood these documents:

  • Construction plan and specifications
  • Cost estimate
  • Sales documentation
  • Planning permission
  • Builder’s risk insurance
  • Construction contract / general contractor agreement

Construction insurance

With Helvetia construction insurance, you are also covered against unforeseen events. It provides building principals with financial security, enabling them to tackle their building projects with peace of mind.

Go to construction insurance
What you should know about condominium ownership.
Condominium ownership is a special form of co-ownership by which you acquire a certain share in a property. That entails both rights and obligations.
Let us advise you. Request legal advice now.

YLEX offers fast, professional support with legal issues – regardless of whether you have made a claim. YLEX is giving all Helvetia customers legal advice to the value of CHF 160.–. You can consult with YLEX’s legal experts in person at the YLEX Stores in Bern, St. Gallen, Winterthur and Zurich as well as over the phone or via WhatsApp or Threema.

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Legal advice and legal support. For everyone.