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Old 30.08.2012, 16:34
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Property lawyer in SZ?

I'm searching for a lawyer to represent my interests in the sale of my house.

(Note - not the Gemeinde Notary who officiates at the contract signing. Rather, I'm looking for someone working for me alone, to prepare and review contracts, to oversee the process and to deal with the usual annoyances.)

Can anyone recommend someone in canton SZ?


Many thanks.
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Old 31.08.2012, 20:21
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Re: Property lawyer in SZ?

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I'm searching for a lawyer to represent my interests in the sale of my house.

(Note - not the Gemeinde Notary who officiates at the contract signing. Rather, I'm looking for someone working for me alone, to prepare and review contracts, to oversee the process and to deal with the usual annoyances.)

Can anyone recommend someone in canton SZ?


Many thanks.
Generally this is not necessary for a sale... the notary does all that. If there are specific points you want the notary to address discuss with him/her: the notary is effectively acting for both parties.
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Old 31.08.2012, 20:44
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Re: Property lawyer in SZ?

So I was told when buying the house... a mistake I will not make again. That was a very expensive lesson learned.

My understanding of the fine points of Swiss property law is not up to catching all the tricks and games people play - I need a professional on my side, to ensure that I don't get fooled again.

The Gemeinde Notar will ensure that the contract is correctly signed - nothing more.

The cost of a lawyer of my own pales in comparison to the cost of a entering into a bad contract.
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Old 31.08.2012, 21:00
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Re: Property lawyer in SZ?

www.cr-immobilien.ch
Claudia speaks excellent English for her 2%. Bought and sold the same house through her.....not a lawyer but experienced agent
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Old 31.08.2012, 21:14
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Re: Property lawyer in SZ?

Thanks for the info... but judging by her website I fear my house is far too modest for her. She seems to be aiming for the luxury class - which certainly isn't my house.

I really think I would be best off with a lawyer as my understanding of Swiss property law is rudimentary, and this is where I feel most vulnerable.
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Old 31.08.2012, 22:49
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Re: Property lawyer in SZ?

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So I was told when buying the house... a mistake I will not make again. That was a very expensive lesson learned.

My understanding of the fine points of Swiss property law is not up to catching all the tricks and games people play - I need a professional on my side, to ensure that I don't get fooled again.

The Gemeinde Notar will ensure that the contract is correctly signed - nothing more.

The cost of a lawyer of my own pales in comparison to the cost of a entering into a bad contract.
Everything here in CH related to housing be it renting or buying/selling is full of games and tricks so it seems and this I have heard from many expats offline and online. I dont know whether it is really a language issue for us all, or being up to the mark with the 'fine points' as mentioned above or simply targets ?
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Old 01.09.2012, 10:08
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Re: Property lawyer in SZ?

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Everything here in CH related to housing be it renting or buying/selling is full of games and tricks so it seems and this I have heard from many expats offline and online. I dont know whether it is really a language issue for us all, or being up to the mark with the 'fine points' as mentioned above or simply targets ?
All of the above.

While I speak functional German, my skill is not quite up to legal German. I might misconstrue a critical point - especially as one really needs to understand the body of law behind the clause, not just the words on the paper.

And yes, there is sometimes a bit of the 'target' element. Possibly because Auslanders are assumed to be less informed, but I suspect the same treatment would probably be given to any 'other' - such as a Zürcher in Schwyz. In my years of searching for a new house, I've had agents and sellers tell all kinds of porkies - usually while bleating on about 'no need for lawyers here, we are honest folk'.

But I think a large part of it is the selber schuld mentality. All's fair in love, war, and the Swiss property market. There seems to be a notion that being 'economical with the truth' is not a moral failure on the part of the conman, rather that moral failure lies with the other party who fails to notice the con - selber schuld.

There are few consumer protections when buying property, unlike in the other where countries I have bought homes. Perhaps this is because up until recent years so few people bought - the markets are still largely controlled by developers and big investors.

Propensity to trickery aside, property sale or purchase in Switzerland is a million-plus venture. In no other market would I invest that kind of money without due diligence, and without a professional advisor. Hence, the need for one here.
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Old 01.09.2012, 11:19
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Re: Property lawyer in SZ?

In Zürich I used the HEV for legal and survey advice. There seems to be a branch in Schwyz. For the contract I used one of their staff lawyers (but they would also have given me a list of other lawyers had I preferred) and for the building inspection they gave me a list of people to contact. It was reasonably cheap and troublefree. They sorted out a couple of minor problems which I might not have picked up and explained a couple of things I did not understand in simple language. It might be worth giving them a ring as I don't know how they operate in Schwyz.
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Old 01.09.2012, 11:21
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Re: Property lawyer in SZ?

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But I think a large part of it is the selber schuld mentality. All's fair in love, war, and the Swiss property market. There seems to be a notion that being 'economical with the truth' is not a moral failure on the part of the conman, rather that moral failure lies with the other party who fails to notice the con - selber schuld.
Amen, sister. You're speaking with the voice of experience. I've been told working through a real estate agent will help you avoid many pitfalls. Good luck finding someone!
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Old 01.09.2012, 12:15
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Re: Property lawyer in SZ?

I refused about half of the contract, if I did not like a clause I asked for it to be removed, I was in the Notaries office expecting to sign......Many points I had not agreed........which had been discussed previousely so no deal. Don't get emotional this is business.
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Old 01.09.2012, 12:24
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Re: Property lawyer in SZ?

We used Bolzern Haas & Partner to represent us when we purchased our house in Obwalden. We were happy with their service and as I recall, it didn't seem like the cost was excessive. They have offices in OW, NW and LU but it appears they represent clients in SZ as well from their Weggis office.
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Old 01.09.2012, 12:25
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Re: Property lawyer in SZ?

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So I was told when buying the house... a mistake I will not make again. That was a very expensive lesson learned.

My understanding of the fine points of Swiss property law is not up to catching all the tricks and games people play - I need a professional on my side, to ensure that I don't get fooled again.

The Gemeinde Notar will ensure that the contract is correctly signed - nothing more.

The cost of a lawyer of my own pales in comparison to the cost of a entering into a bad contract.
Fair point, I will dig out the name of the lawyer in Einsiedeln we used in respect of some planning and "einsprache" issues a year or two ago.
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Old 01.09.2012, 12:30
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Re: Property lawyer in SZ?

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Fair point, I will dig out the name of the lawyer in Einsiedeln we used in respect of some planning and "einsprache" issues a year or two ago.
It was:
Eva Petrig
Unt. Luegeten 6
8840 Einsiedeln
+41 55 412 58 53

Im not sure if she speaks english, but as I say is a specialist in planning issues, so may be well placed to assist conveyancing.
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Old 01.09.2012, 13:03
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Re: Property lawyer in SZ?

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Generally this is not necessary for a sale... the notary does all that. If there are specific points you want the notary to address discuss with him/her: the notary is effectively acting for both parties.
We had a solicitor look over the contract of sale and he recomended we have points changed. One point in particular, was taking over the seller's mortgage. We were told that was just a formality by the parties that drew up the contract, but our solicitor said otherwise.

I also confirmed that we can add an extension to the living space. I wasn't sure, the seller wasn't selling it as that, just a winter garden, non heated room, but the area plan "bebauungsplan" confirmed that we could. Made the difference between a house for a late 20s couple without kids and a family home we could extend and grow into.

Speaking to an English speaking solicitor about a German contract for what usually is a million plus purchase here, was well worth the money spent!
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Old 19.09.2012, 18:36
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Re: Property lawyer in SZ?

I just bought a house in Pfaffikon SZ, not expensive, and used a lawyer that I can highly recommend. I don't speak German, so he read all documents, explained what I was buying, and attended all signing ceremonies with the Notariat. Reasonably priced.

Markus Kern, Pfister and Partner, mk@pfister-anwaelte.ch
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