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Old 28.02.2011, 10:21
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Property sale: 'We reserve the right..."

Found yet another sort of mildly interesting house - and wonder if any of you have come across this statement in a sales prospect:

'Ein Zwischenverkauf und Preisänderung bleiben ausdrücklich vorbehalten.'

Am I more or less correct in translating this as 'We reserve the right to change the price, or to make an intermediate sale.'?

How does this play out with Swiss property law? Say I were to negotiate with the seller, come to an agreement on price and terms, sign a Vorverkauf, pay a deposit... does that statement mean that a seller is still free to change the terms or sell to someone else? At what point would an agreement be considered binding?

If any of you have had experience with this, I'd be interested in hearing how the sale proceeded.

Last edited by meloncollie; 28.02.2011 at 10:37.
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Old 28.02.2011, 10:49
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Re: Property sale: 'We reserve the right..."

It's cheeky. Once you have paid a deposit, the seller and buyers should get a draft contract drawn up asap at the local Notariat the price will be in this and so fixed.

But "mildly interesting" doesn't sould like the one to go for...
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Old 28.02.2011, 11:08
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Re: Property sale: 'We reserve the right..."

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Found yet another sort of mildly interesting house - and wonder if any of you have come across this statement in a sales prospect:

'Ein Zwischenverkauf und Preisänderung bleiben ausdrücklich vorbehalten.'

Am I more or less correct in translating this as 'We reserve the right to change the price, or to make an intermediate sale.'?

How does this play out with Swiss property law? Say I were to negotiate with the seller, come to an agreement on price and terms, sign a Vorverkauf, pay a deposit... does that statement mean that a seller is still free to change the terms or sell to someone else? At what point would an agreement be considered binding?

If any of you have had experience with this, I'd be interested in hearing how the sale proceeded.
Once you signed and made the deposit, it's yours, no way back without either buyer or seller losing deposit, or comming to an agreement, or discovering major hidden fault.

It's included in the case there is a verbal agreement only, and then the future buyer runs into a problem or delays. It's a reasonably standard clause, remember the Swiss in general are not too creative !
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Old 28.02.2011, 11:33
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Re: Property sale: 'We reserve the right..."

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Found yet another sort of mildly interesting house - and wonder if any of you have come across this statement in a sales prospect:

'Ein Zwischenverkauf und Preisänderung bleiben ausdrücklich vorbehalten.'

Am I more or less correct in translating this as 'We reserve the right to change the price, or to make an intermediate sale.'?

How does this play out with Swiss property law? Say I were to negotiate with the seller, come to an agreement on price and terms, sign a Vorverkauf, pay a deposit... does that statement mean that a seller is still free to change the terms or sell to someone else? At what point would an agreement be considered binding?
The sentence refers explicitly to the sales prospect and the information (prices etc) contained in it. It is similar to "prices subject to change" at the bottom of a sales brochure. It is absolutely in line with Swiss law; the purpose is to make absolutely clear that what you see in the prospect is a so-called "invitation to offer" not a binding offer in the sense of the law. As soon as you contact the company or seller, you have begun negotiations. Paying a deposit, signing a Vorverkaufvertrag etc. means the negotiations on the main aspects of the sales contract have ended and a contract has been agreed upon. This has nothing to do with the sales prospect.

I understand your concerns but think of it like this: you see an ad in the paper for a camera at a great price. At the bottom of the ad it says "prices subject to change". You go to the store and ask about the camera. It is what you want but they don't have it in stock. You order and pay and have it sent to your home address. Do you think that because of the "prices are subject to change" sentence in the ad that the company can charge you a different price before you actually receive it? Probably not. The same is true here.
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Old 28.02.2011, 23:47
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Re: Property sale: 'We reserve the right..."

Thanks Ab Fab, Today Only and Ziger - that puts my mind at ease a bit. After my previous experiences, I suppose I'm just a tad paranoid.

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But "mildly interesting" doesn't sould like the one to go for...
True, dat.

Unfortunately, 'mildly interesting' seems to be all there is on the market these days.

No - strike that. I've seen a few very interesting homes - interesting in the sense of the ancient Chinese curse, that is...
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