Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 17.07.2019, 08:28
Newbie 1st class
 
Join Date: Feb 2019
Location: Zürich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 8 Times in 5 Posts
JackDeMon has no particular reputation at present
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
Reply With Quote
  #2  
Old 17.07.2019, 08:46
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 7,478
Groaned at 817 Times in 555 Posts
Thanked 9,196 Times in 4,358 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: Real Estate Contract

Quote:
View Post
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
Reply With Quote
The following 2 users would like to thank Today only for this useful post:
  #3  
Old 17.07.2019, 09:42
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 10,289
Groaned at 78 Times in 69 Posts
Thanked 15,571 Times in 6,910 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
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:
View Post
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:
View Post
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.
__________________
“That’s the second biggest monkey head I’ve ever seen!”
Reply With Quote
The following 3 users would like to thank aSwissInTheUS for this useful post:
  #4  
Old 17.07.2019, 10:30
Newbie 1st class
 
Join Date: Feb 2019
Location: Zürich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 8 Times in 5 Posts
JackDeMon has no particular reputation at present
Re: Real Estate Contract

Thanks a lot for the detailed information.

Very useful!

Wish you all a good day!
Reply With Quote
  #5  
Old 17.07.2019, 13:20
RTN RTN is offline
Forum Veteran
 
Join Date: Nov 2009
Location: Uetikon am See
Posts: 1,305
Groaned at 11 Times in 7 Posts
Thanked 1,399 Times in 642 Posts
RTN has a reputation beyond reputeRTN has a reputation beyond reputeRTN has a reputation beyond reputeRTN has a reputation beyond reputeRTN has a reputation beyond repute
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.
Reply With Quote
  #6  
Old 17.07.2019, 14:18
Forum Veteran
 
Join Date: Jan 2016
Location: Lugano
Posts: 525
Groaned at 11 Times in 9 Posts
Thanked 566 Times in 271 Posts
LuganoPirate has an excellent reputationLuganoPirate has an excellent reputationLuganoPirate has an excellent reputationLuganoPirate has an excellent reputation
Re: Real Estate Contract

If you haven't yet paid the deposit, your negotiating hand may be a bit stronger.
Reply With Quote
  #7  
Old 09.08.2019, 07:48
Newbie 1st class
 
Join Date: Feb 2019
Location: Zürich
Posts: 21
Groaned at 1 Time in 1 Post
Thanked 8 Times in 5 Posts
JackDeMon has no particular reputation at present
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. PhewwwwI guess I got lucky
Thank you all for comments and ideas!
Reply With Quote
The following 3 users would like to thank JackDeMon for this useful post:
  #8  
Old 09.08.2019, 11:01
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 7,478
Groaned at 817 Times in 555 Posts
Thanked 9,196 Times in 4,358 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: Real Estate Contract

Quote:
View Post
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. PhewwwwI guess I got lucky
Thank you all for comments and ideas!



Sounds like they may have got lucky
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Real Estate Valuation astrolake Daily life 22 28.10.2015 17:43
The REAL real estate prices in Geneva sedebu Housing in general 0 16.06.2012 15:15
Commercial real estate musli Employment 0 24.02.2011 20:49
Real Estate Gtd1980 Business & entrepreneur 12 25.01.2010 23:10
real-estate advice TexMex Other/general 0 30.10.2007 15:51


All times are GMT +2. The time now is 03:05.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0