Most real estate leasing providers have the real estate leasing agreement jointly notarised within the framework of the property purchase agreement and the sales convention agreement, even if the simple written form in and of itself would be sufficient for these. The joint notarisation is a pure precautionary measure in case the presiding judge in a dispute could qualify the real estate leasing agreement as an atypical, formal-written property purchase agreement within the meaning of OR 216.
The Swiss Federal Court, in BGE 132 III 549 ff., ruled that a public notarisation was not required for a real estate leasing agreement as a whole and confirmed that an agreement drafted in the form of the simple written statement is formally valid.
Further information
- MARKUS HESS, Real Estate Leasing and Legal Requirements (Immobilien-Leasing und Formzwang), in: ZBGR 72 (1991) 1 ff.
- BGE 4P.14/1997 dated 10 July 1997
- BGE 132 III 549 ff. = BGE 4C.109/2006 dated 30 June 2010 Formal Requirements for Real Estate Leasing Agreements (Formerfordernis bei Immobilien-Leasingverträgen) (article 216 OR and article 657 ZGB)
- MRA 3/06
