Ordinance on Auctions - Scope

1. This regulation applies to voluntary public auctions (Art. 229 para. 2 OR).

2. It does not apply to

a. forced auctions and

b. voluntary non-public auctions.

1. The Government Council appoints the auction officer and his deputy, who are responsible for the entire area of the canton.

2. The auction officer and his deputy must possess the cantonal notarization authority.

3. The remuneration for the efforts of the auction officer is calculated based on the time spent and is to be provided by the seller. The rate is determined according to the ordinance on notarization, land registry, and assessment fees.

1. Auctions Require Authorization.

2. The Authorizing Authority is the Department of Security and Social Affairs.

3. The authorizing authority shall charge the seller a fee ranging from CHF 100 to CHF 2,000 for its decision, depending on the time and effort involved, the value and significance of the official act, and the necessary expertise. If the auction is legally mandated, the fee may be waived in whole or in part.

1. To obtain the authorization, an application along with the auction terms must be submitted to the auction officer.

2. These documents must at minimum include

a. The place and time of the auction;

b. Exact designation of the seller;

c. Exact designation of the person leading the auction;

d. A summary description of the auction items with an approximate value indication;

e. The payment terms;

f. For real estate, a current land registry extract;

g. Signatures of the seller and the person leading the auction;

h. Information on any possible warranty limitations.

3. The auction officer and the authorization authority may request additional documents. They ensure that the auction terms, particularly in real estate auctions, contain the necessary information and contractual conditions.

1. The auction shall be publicly announced in an appropriate manner, possibly repeatedly, with a reference to the possibility of inspecting the documents and the authorization.

2. In transactions where a public auction is legally required, the announcement shall be made in the official gazette.

1. The auction documents and the authorization can be inspected by anyone at the municipal office of the auction location one week prior to the auction.

2. They are to be made available or otherwise disclosed during the auction.

3. If there are written bids, they must be announced at the beginning of the auction.

1. Announcement, award, and collection are handled by the seller, the manager, or the auction official.

2. The award is made according to the customary "for the third time" on the highest bid.

1. The auction officer shall maintain a record of the auction which includes the item, the highest bid, and for items over CHF 500, the name of the successful bidder. Any special occurrences must be noted in the record.

2. The record must be signed by the seller or the director and by the auction officer.

3. In the case of real estate auctions, the personal details of the successful bidder must be documented, and they must also sign the record. The auction officer certifies the signature.

4. The record, and in the case of real estate auctions, a copy thereof, must be retained in the files of the approval authority for ten years.

1. On public rest days, as well as before 8:00 AM and after 9:00 PM, an auction is not permissible.

2. The auction officer is responsible for maintaining order during the auction. He may call upon the assistance of police agencies. The costs for this are borne by the seller. The auction officer may request an appropriate advance payment for these costs.

1. Appeals against decisions of the auction officer and the approval authority can be lodged with the government council in writing and with reasons within 20 days of delivery.

1. The challenge is subject to a period of ten days in accordance with Art. 230 of the Swiss Code of Obligations (OR).

1. The auction officer shall promptly report the transfer of ownership of real property to the land registry office.

1. Whoever violates this ordinance shall be punished according to the general provisions of the cantonal criminal law.

1. All provisions conflicting with this Regulation are hereby repealed, in particular

a. the Regulation on Public Auctions of June 20, 1921;

b. ...

1. The Government Council shall determine, after approval by the Federal Council, when this ordinance shall enter into force.