Legislator Case Law & Legislation
AU 09 14 • AUK LU AU 09 14 AI generated

Supervisory Directive on Notary Prohibition of Commercial Real Estate Brokerage

Case Number AU 09 14
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The supervisory authority for notaries issued a directive clarifying that the prohibition on commercial real estate brokerage under $\S 18$ Abs. 4 of the Notarization Act applies to brokerage activities conducted on behalf of or in the interest of third parties, usually for a commission, as defined under contract law concerning mandates, agency, and brokerage contracts, and that commercial activity is present when undertaken professionally or systematically to generate profit from real estate market developments. The court reasoned that this prohibition extends to both direct and indirect brokerage, including through affiliated companies, but explicitly excludes notaries engaging in real estate trading in their own name and at their own risk, although such self-dealing is subject to conflict of interest scrutiny and potential disciplinary action or loss of authorization if it compromises professional duties or trustworthiness.

Legislator headnote

AI generated

§ 18 Abs. 4 BeurkG; Supervisory Directive on Notary Prohibition of Commercial Real Estate Brokerage: 4 of the Notarization Act applies to brokerage activities conducted on behalf of or in the interest of third parties, usually for a commission, as defined under contract law concerning mandates, agency, and brokerage contracts, and that commercial activity is present when undertaken professionally or systematically to generate profit from real estate market developments. The court reasoned that this prohibition extends to both direct and indirect brokerage, including through affiliated companies, but explicitly excludes notaries engaging in real estate trading in their own name and at their own risk, although such self-dealing is subject to conflict of interest scrutiny and potential disciplinary action or loss of authorization if it compromises professional duties or trustworthiness.

Keywords

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notary brokerage contract real estate commercial activity directive disciplinary action

Cited Legislation

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Key legal questions extracted by Legislator

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§ 18 Abs. 4 BeurkG

This provision sets the directive regarding the professional mediation in real estate transactions, which is the subject of the entire instruction.

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Full text

Rechtsprechung Luzern

Instanz: · Aufsichtsbehörden und Kommissionen Abteilung: · Aufsichtsbehörde über die Urkundspersonen Rechtsgebiet: · Beurkundungsrecht Entscheiddatum: · 05.06.2009 Fallnummer: · AU 09 14 LGVE: · 2009 I Nr. 19 Leitsatz: · § 18 Abs. 4 BeurkG. Weisung betreffend gewerbsmässige Vermittlung im Grundstückverkehr. Rechtskraft: · Diese Entscheidung ist rechtskräftig.