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Old 30.06.2015, 15:01
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Eviction after an auction

Dear Forum, I need help. I have just bought a house through an auction. The owner is very pissed and refuses to give us the keys even though we have paid the Office des Poursuites (OP). The OP now tell me I have to take the old owners to courts which could be a 6 months process. Surely the government are responsible for this- no? If not, does anyone have experience with this in Switzerland?
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Old 30.06.2015, 15:07
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Re: Eviction after an auction

I think your best move is to find a good lawyer - the legal advice on the EF is frequently worth what you pay for it.

I assume you took legal advice as to the potential pitfalls before taking part in the auction?
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Old 30.06.2015, 15:09
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Re: Eviction after an auction

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Dear Forum, I need help. I have just bought a house through an auction. The owner is very pissed and refuses to give us the keys even though we have paid the Office des Poursuites (OP). The OP now tell me I have to take the old owners to courts which could be a 6 months process. Surely the government are responsible for this- no? If not, does anyone have experience with this in Switzerland?
I guess you are the owner, not the other guy. So it's the occupant who'se not giving you the keys.

Was this a foreclosure? Were you aware the house was occupied? Was anything said to that extent in the sales contract?

In Switzerland the law is very much on the side of the tenant/occupier and just because a house changes owners is not automatically a reason to evict. If this was a foreclosure and the bank or auctioneer fail to inform you you of the occupant, you may have legal regress to them. Otherwise, talk to a lawyer and good luck. It could get tricky.
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Old 30.06.2015, 15:34
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Re: Eviction after an auction

Good luck with that.
I hope you have insurance.
Lawyers are expensive here.
And this going to court, you will need a lawyer.

Maybe the current occupant is just after a lump-sum payment to ease him over the loss of "his" beloved house....
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Old 30.06.2015, 16:02
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Re: Eviction after an auction

That situations sounds like the definition of a cluster f***

I can not help you unfortunately.
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Old 30.06.2015, 16:10
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Re: Eviction after an auction

Join Pic Vert. They have legal assistance for home owners.
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Old 30.06.2015, 16:21
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Re: Eviction after an auction

Normally you would buy property with vacant possession. If this wasn't specified, then it may well be your problem to sort out. Is the tenant paying you rent?
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Old 30.06.2015, 16:24
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Re: Eviction after an auction

Is there any additional help for OP (or hassle?) because the property was purchased with chomage money?
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Old 30.06.2015, 16:25
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Re: Eviction after an auction

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Normally you would buy property with vacant possession. If this wasn't specified, then it may well be your problem to sort out. Is the tenant paying you rent?
Isn't it usual that if the seller is also the occupier, that the sales contract includes an item saying the occupant/seller must vacate the premises by a stated date.

If such a statement is not included in the contract, it could be the seller is assuming he is now a tenant any may continue to occupy the premises.

I think in the UK the tenant can in such situations even pay you rent and by virtue of accepting the money you are acknowledging the existence of a de facto rental contract. I'm not sure about Switzerland. But i would scrutinize my bank account regularly to be sure no such money is received and return it immediately if it is.
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Old 30.06.2015, 16:31
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Re: Eviction after an auction

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I think in the UK the tenant can in such situations even pay you rent and by virtue of accepting the money you are acknowledging the existence of a de facto rental contract.
Even if this did apply (which I'm doubtful of), in the UK you could just give notice and they'd have to leave fairly quickly, unlike in Switzerland where a rental contract is very hard to stop from the landlord side.
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Old 30.06.2015, 16:31
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Re: Eviction after an auction

As amogles said, is the occupant the owner?? Or somebody else? And is there a clause for official hand over in the sales agreement?

You may also check with your bank as the circumstances have changed somewhat (you buying a house for yourself and now in principle being a landlord, which in some mortgage contracts is prohibited)
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Old 30.06.2015, 16:34
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Re: Eviction after an auction

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Even if this did apply (which I'm doubtful of), in the UK you could just give notice and they'd have to leave fairly quickly, unlike in Switzerland where a rental contract is very hard to stop from the landlord side.
Is it? I remember when I was getting kicked out they terminated the lease for the next official moving out date.

I had to go to court to get this extended which was very easy but as it was a normal termination outwith the contract period there wasn't any way to avoid having to leave.
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Old 30.06.2015, 16:42
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Re: Eviction after an auction

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Is it? I remember when I was getting kicked out they terminated the lease for the next official moving out date.

I had to go to court to get this extended which was very easy but as it was a normal termination outwith the contract period there wasn't any way to avoid having to leave.
I think there are different shades of this, with their being one law for law abiding citizens and apparently another for those who chose to take the pi$$.

There was a guy in my building who just stopped paying his rent from one month to the next and it took the landlord almost two years to jump through all the legal loopholes until he finally had the paperwork so that he could get the police to evict him. He left the appartment in a terrible state and I'm pretty sure he didn't contribute anything to haveing that fixed either.
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Old 30.06.2015, 16:51
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Re: Eviction after an auction

Oups, brace yourself, it's gonna be a bumpy ride I am afraid.

You need to lawyer up ASAP, check the conditions of the auction and I imagine you are pretty much screwed (as I have read few conditions on auctions of properties like that, basically the rule is "NO RETURNS, said by Chinese guy")

If you have legal insurance, that's great, check when did you get it, if it's more than 3 months BEFORE you bought the house, yupeee, you are covered.

If not, budget 400 CHF per hour for a specialist lawyer (this is Lausanne rate that I know from experience, one lawyer letter of 2 pages and 2 phone calls = 853 CHF, thank you very much) I imagine the sharks in GE are hungrier!

If the guy lost the house he won't have any money so even if you take him to court he won't be able to pay 50% of your legal costs. So it will be very expensive to get him out legally, so not a bad idea to give him some cash actually. Or pay few Serbian guys to "make him an offer he can't refuse"

It must be terrifying for a house purchase to go wrong like this, but you should have prepared before hand by buying on auction of Poursuite. might be cheaper and with a reason!

Good luck and i honestly wish you get it sorted quickly.
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