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-   -   Real Estate Contract (https://www.englishforum.ch/housing-general/293071-real-estate-contract.html)

JackDeMon 17.07.2019 08:28

Real Estate Contract
 
Dear Forum Colleagues,

I would like seek your advise on how to go about an issue that occurred lately.

So I found a flat send all the docs and signed the contract with real estate agency but in the meantime I found a flat that fits my needs even better.

Can any of you advise on how to cope with the issue of cancelling the contract?
The real estate agent told me I would need to find a new tenant to be released from the contract (unfortunately I still do not have a copy of the contract to verify that)

Thank you for all your help

Today only 17.07.2019 08:46

Re: Real Estate Contract
 
Quote:

Originally Posted by JackDeMon (Post 3083621)
Dear Forum Colleagues,

I would like seek your advise on how to go about an issue that occurred lately.

So I found a flat send all the docs and signed the contract with real estate agency but in the meantime I found a flat that fits my needs even better.

Can any of you advise on how to cope with the issue of cancelling the contract?
The real estate agent told me I would need to find a new tenant to be released from the contract (unfortunately I still do not have a copy of the contract to verify that)

Thank you for all your help


Exactly right, you signed now you, and the agency ned to respect the contract

aSwissInTheUS 17.07.2019 09:42

Re: Real Estate Contract
 
Default contract clauses and mandatory provisions are defined in the Code of Obligations. For leases read starting from Art. 253 https://www.admin.ch/opc/en/classifi...ndex.html#a253
and also Title One and Two of the General Provisions starting at Art. 1 https://www.admin.ch/opc/en/classifi...009/index.html

In short: You signed, you are bound.

Quote:

Originally Posted by JackDeMon (Post 3083621)
Can any of you advise on how to cope with the issue of cancelling the contract?

Read and understand the Code of Obligations as many things relating residential rental contracts are set by the law, are mandatory, and do not have to be mentioned explicitly in the contract. Act accordingly.


Quote:

Originally Posted by JackDeMon (Post 3083621)
The real estate agent told me I would need to find a new tenant to be released from the contract (unfortunately I still do not have a copy of the contract to verify that)

That's very most likely correct. At least it is the standard procedure and a non-overrideable default clause as defined in the Code of Obligations if you want to be release before first possible cancellation date. And as said it does not have to be explicitly mentioned in the rental contract. In the worst that is what you have to deal with to get out of the contract. In the best there is a more amicable clause in the contract which is very, very, very unlikely.

JackDeMon 17.07.2019 10:30

Re: Real Estate Contract
 
Thanks a lot for the detailed information.

Very useful!

Wish you all a good day!

RTN 17.07.2019 13:20

Re: Real Estate Contract
 
With a signed contract you are locked in, as others have said. So now it is about cost /time minimisation, you are at the mercy of the agent in relation to costs (new contract fee/when the next tenant once found can move in). I would go hat in hand to the agent and see who was second on the list (so you don't have to search yourself) and they are probably prechecked/approved. Taking into account school holidays have started so no one works again until mid August, some smooth talking and cash may minimise the pain.

LuganoPirate 17.07.2019 14:18

Re: Real Estate Contract
 
If you haven't yet paid the deposit, your negotiating hand may be a bit stronger.

JackDeMon 09.08.2019 07:48

Re: Real Estate Contract
 
To all involved in the thread - this has been solved with the help of the real estate agents.
I send a registered letter informing that I am officially withdrawing from the contract and they will find another tenant who will take it over.
Very helpful and professional people. Phewwww:)I guess I got lucky
Thank you all for comments and ideas!

Today only 09.08.2019 11:01

Re: Real Estate Contract
 
Quote:

Originally Posted by JackDeMon (Post 3089556)
To all involved in the thread - this has been solved with the help of the real estate agents.
I send a registered letter informing that I am officially withdrawing from the contract and they will find another tenant who will take it over.
Very helpful and professional people. Phewwww:)I guess I got lucky
Thank you all for comments and ideas!




Sounds like they may have got lucky ;)


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