Ordinance on Voluntary Public Auctions - Scope

1. The following provisions apply to auctions that are ordered by authorities or courts (voluntary) as well as to voluntary public auctions of real estate.

1. The municipalities conduct voluntary public auctions within their municipal territory and appoint an auction authority.

2. Cantonal authorities may act as the auction authority for their own purposes.

1. Real estate properties shall be auctioned at the location where the property is situated. If a property is located in more than one municipality, or if multiple properties are located in more than one municipality, the seller shall determine the auction location.

1. Auctions must be registered with the auction authority at least 30 days in advance.

2. The registration must include the auction conditions in accordance with § 5 paragraphs 2b to f.

1. The auction must be publicly announced at least 8 days prior to its execution.

2. The auction conditions are to be filed with the auction authority. They must include at least

a. Place and time of the auction,

b. Exact designation of the seller,

c. Summary description of the items,

d. For real estate auctions, the land register extract,

e. Terms of payment,

f. Any possible waiver or limitation of warranty.

1. The items are auctioned individually. Each bid must be called out three times.

1. Offers may be made in writing or verbally.

2. In the auction of real estate, written offers must be disclosed at the beginning of the auction.

3. Offers that do not specify a certain amount or contain conditions or reservations may not be considered.

4. Offers for unnamed persons and non-existent legal entities may not be accepted.

1. The auctioneer declares the acceptance of the last and highest bid immediately, subject to the provisions of paragraph 2.

2. In the case of real estate auctions, the acceptance of the bid will only occur after the payment or security deposit required under the auction terms has been made immediately. Otherwise, the next lowest bid is called out three more times, and if it is not outbid, the bid is then accepted.

3. In the event of a disagreement regarding the acceptance of the bid, the last bid is called out again and then declared accepted.

1. The auction authority shall maintain a record of the auction, which must include at least the description or number of the item, the highest bid, and the name of the purchaser.

2. In the case of real estate auctions, the personal details of the purchaser must also be recorded.

1. If no other agreement is made, the auction authority shall handle the collection of the purchase price. It is required to account to the seller.

2. Proceeds, insofar as they are not needed to cover expenses, are to be handed over to the seller or invested with interest in their favor within 10 days after the auction.

1. The Ordinance on Voluntary Public Auctions of March 28, 1979, is hereby repealed.

1. The regulation shall enter into force on July 1, 1999. It is to be published.