Auction Terms

1. Scope & platform operator

These auction terms apply to all auctions offered, promoted or conducted via the «AuctionPlace» platform (hereinafter the «platform»). The platform is operated by Wohnliegenschaften Management AG, CHE-368.722.993, Bahnhofstrasse 6, 8952 Schlieren, Switzerland (hereinafter the «operator»). By using the platform and/or participating in an auction, the user agrees to these terms.

2. Role of the operator

The operator acts exclusively as an intermediary and information platform. It is not a party to the purchase, auction or other contracts between seller and buyer, unless expressly agreed otherwise in writing. The operator is neither a broker nor a notary and does not provide legal advice. All information published on the platform serves information purposes only and does not constitute a binding offer.

3. Types of auctions

• Official compulsory auctions: these are conducted by the competent debt enforcement and bankruptcy offices under the Swiss Debt Enforcement and Bankruptcy Act (DEBA/SchKG, Art. 125 et seq.). AuctionPlace merely publishes publicly available information on these auctions. The operator has no influence on the conduct, terms or outcome of such auctions.
• Voluntary auctions (premium auctions): these are organised and brokered via the platform. The seller sets the starting bid. The following provisions apply primarily to this category.

4. Participation requirements

• Participation is open to natural persons with legal capacity aged 18 or over and to legal entities with legal personality
• A valid registration on the platform with truthful information is required
• The operator may request proof of identity at any time (ID card, passport, commercial register extract)
• The operator reserves the right to exclude bidders from an auction or refuse their registration without giving reasons
• Employees of the operator and their relatives are excluded from participation

5. Property descriptions & bidder's duty of care

Property descriptions on the platform are based on publicly available information (land register extracts, etc.) and are compiled to the best of our knowledge. The operator assumes no warranty whatsoever for:

• Accuracy, completeness or timeliness of the property descriptions
• The structural, technical or legal condition of the properties
• Any encumbrances, easements, mortgages or contaminated sites
• Information on areas, year of construction, fittings or value estimates
• The availability or actual conduct of an auction

Every bidder is obliged to inform themselves independently and comprehensively about the property before submitting a bid. An independent viewing and professional advice (notary, lawyer, building surveyor) are strongly recommended.

6. Submitting bids

• Bids are legally binding and cannot be withdrawn, revoked or contested once submitted
• Each new bid must be higher than the previous one
• The operator may set minimum increments for bid increases
• Obviously abusive, frivolous or manipulative bids may be rejected and deleted by the operator
• The bidder is liable for all bids submitted under their user account
• In the event of technical malfunctions of the platform, the operator may extend the auction period or cancel the auction without this giving rise to any claims against the operator

7. Award & conclusion of contract

The award goes to the highest bidder upon expiry of the auction period. The award constitutes a binding declaration of intent to purchase. For the legally binding acquisition of real estate in Switzerland, public notarisation by a notary is mandatory (Art. 216 of the Swiss Code of Obligations). Ownership passes only upon entry in the land register. The operator is not responsible for organising the notarisation.

8. Non-performance by the highest bidder

If the highest bidder refuses to conclude the contract, complete the notarisation or make payment, the operator reserves the right:

• To permanently exclude the bidder from the platform and future auctions
• To assert claims for damages, including lost commissions and the costs of repeating the auction
• To offer the property to the next highest bidder or to conduct a new auction

9. Withdrawal & cancellation

• Withdrawal after the award is generally not possible
• There is no statutory right of withdrawal under distance selling law for real estate transactions
• The seller may withdraw an auction before the first bid
• The operator may cancel or postpone an auction at any time, in particular in the event of suspected manipulation, technical malfunctions or at the seller's request

10. Fees & costs

For brokerage, the operator may charge a commission or fee, which is communicated to the seller in writing before the auction begins. All statutory ancillary costs (land register fees, real estate transfer taxes, notary fees, real estate capital gains tax) are borne by the respective contracting party in accordance with cantonal law and the applicable purchase contract. The operator is not liable for official or tax claims.

11. Comprehensive disclaimer

All properties brokered via the platform are offered "as is". The operator excludes all liability for:

• The structural, technical or energy-related condition of the properties
• Hidden defects, contaminated sites, contamination or pollutant loads
• Building law situation, zoning conformity, building permits or conditions
• Existing tenancy or lease agreements, easements, pre-emption or repurchase rights
• Mortgage encumbrances, liens or other charges in the land register
• Differences between stated and actual areas or values
• Damage arising from the use or non-use of the platform
• Lost profit, consequential or indirect damage of any kind
• Acts or omissions of the contracting parties (seller and buyer)
• Outages, delays or errors of the platform for technical reasons

This disclaimer applies, to the extent permitted by law, to all claims in contract, tort or on any other legal basis. Mandatory statutory liability provisions in cases of intent or gross negligence remain reserved.

12. Data protection & confidentiality

Personal data collected in the context of auctions is processed in accordance with our privacy policy. Bidder information may be disclosed to the seller in the event of an award for the purpose of contract execution. The operator treats bid amounts and bidder identities confidentially unless statutory or contractual obligations require disclosure.

13. Intellectual property

All content on the platform (texts, images, data, graphics, software) is protected by copyright. Any reproduction, distribution, automated data collection (scraping) or commercial use without the operator's written consent is prohibited.

14. Changes to these terms

The operator reserves the right to amend these auction terms at any time. For ongoing auctions, the terms valid at the start of the auction apply. Changes are published on the platform.

15. Severability

Should individual provisions of these auction terms be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid rule that comes closest to its economic purpose.

16. Governing law & jurisdiction

These auction terms are governed by Swiss substantive law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Schlieren, Canton of Zurich, unless mandatory law provides for a different jurisdiction. The jurisdiction rules of the DEBA apply to official compulsory auctions.