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Old 28.08.2009, 17:32
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Re: Legal advice needed - Dispute with property agent

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Thanks all for the advice. The guy used to work for REMAX in Zug, but since he has left, I think this has nothing to do with REMAX Zug.
I looked the contract again. He send the offer in name of RE/MAX Zug, but in contract he made "xxx(his name) Gmbh, REMAX Zug". We never signed any other contract with his new company. In addition, in contract with REMAX, it also quote selling price and a minimum selling price. For the contract we signed with the buyer, the price is much lower than the minimum selling price we agreed in contract with REMAX.
In contract it shows how much percentage we should pay after selling is completed. But not clear how much we have to pay if terminated, it has a 500CHF, plus cost.

In addition, in the selling contract with buyer, the agent specified that deposit goes to his company account. Since we had no experience before, we thought it is standard, anyway we have to pay him commission after transaction.

I agree it is a good idea to join this owner association, it is a pity that we don't know this before.
Anybody can recommend a good lawyer on this issue in Zug?

thanks!
Although the account of the facts you have given is somewhat confused it seems that there is no contract between you and the property agent, that the original contract was with RE/MAX. If there is any agreement between you and the second agent it is oral and is unlikely to include any minimum period or any obligation to reimburse for expenses. On that basis you can tell him to just pound sand.

As for the deposit paid, the conditions of its payment seem quite unconventional. There should have been a notary involved and I suspect that Snoopy may be correct regarding the putative buyer's ability to reclaim it.

On the other hand, there seems gross malpractice on the part of the agent. The threat to counterclaim if he persists in his demands for compensation may make him go away.

The level of competence and knowledge -- and of dynamism -- among real estate agents and notaries in Switzerland is notoriously abysmal. I appeared at a hearing before the Commission Foncière in Lausanne last week, and that was one point all 7 or 8 members of the Commission and I could agree on. (Much to my surprise, the Commission, or at least the head of the Commission, took the approach of trying to find a practical solution to the grievance before them so my case has a relatively happy ending. I wonder whether land registries in other cantons would have been as helpful. The case at hand was just one of a number of nasty problems left to others to resolve by greedy, incompetent notaries and a greedy, lying developer.)
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