Archives des Real estate - Swiss Contract Law

Are broker fees on a real estate transaction conditional on a minimum sale price?

A contract for the renovation and sale of a property by an architect stated that the sale price “could” fall within a specified range. This clause, when properly interpreted, did not make the architect’s entitlement to fees contingent on achieving a minimum sale price. In the absence

By Guest contributor|2024-09-23T14:38:29+02:0023 September 2024|Categories: Brokerage contract|Tags: broker fees, brokerage contract, brokerage fee, complex agreement, Conditional brokerage commission, contractual gap, Minimum sale price, mixed contract, Real estate, Real estate transaction|0 Comments

Selling by mistake: good faith as an impediment to avoiding the contract

A Seller who fails to clarify a point of essence and mention it to the Buyer(s) prior to concluding a contract cannot rely on its mistake in order to avoid the contract or to refuse its performance.

By Marianna Sorton|2023-10-04T17:33:26+02:0020 February 2023|Categories: Sale of immovable property|Tags: Art. 24 SCO, Art. 25 SCO, Art. 26 SCO, Avoidance, fundamental error, Fundamental mistake, good faith, Invalidation, Negligence, Real estate, Rescission, Sale|0 Comments