Our demands on the floor vary widely. On the one hand we want to create space for our individualism, on the other hand we need social exchange for our personal development. And there is only limited space available for this in Switzerland, which is also becoming increasingly scarce. So where is the trend heading? Towards living in the countryside, as is becoming apparent in the times of Corona, or will the megatrend of urbanisation remain unbroken after all?

Ruedi Tanner answers these questions in the current issue of the NZZ Magazine “Residence”.

An authorized broker has ordered a purchase contract for a seller at a notary’s office of the city of Zurich. The purchase contract could not be notarized subsequently. However, the notary’s office invoiced the broker for the fees. This is not an isolated case, which is why there is great legal uncertainty among brokers.

According to law, the fees are owed by the person who requested the official act. In the case of changes of ownership, they are owed equally by both parties. As a rule, a seller commissions an estate agent with the sale (purchase) of a property and grants him/her a power of attorney for this purpose. Based on the power of attorney, the broker is authorized to represent the seller in dealings with third parties. If an estate agent orders a purchase contract from the notary’s office, he does so in the name of the seller. In this way the seller – and not the broker – orders a contract of sale. It does not matter whether the broker has a general power of attorney or an authorization for individual actions. Accordingly, the notary’s office can only charge fees to the seller if the purchase contract is subsequently notarized publicly. In the opinion of the legal advisor of SCREA Zurich, a legal basis for the payment of fees by the broker is not apparent.

The Notary Inspectorate Zurich has discussed the matter with the notaries. They are of the opinion that the brokers require an official act within the meaning of Art. 29 para. 1 of the Notaries Act when they order a purchase contract for the seller (or buyer). In the opinion of the legal adviser, this view is wrong and completely ignores the relationship of representation between the broker and the seller (or buyer), which is obvious according to brokerage. The notary inspectorate does not make a clear statement on the matter. The suggestion that it should issue a directive to eliminate this legal uncertainty as the supervisor of the fee schedule (Art. 30 para. 1 of the Notary Public Act) was rejected. Rather, the Notary’s Inspectorate referred the matter to the Directorate of Finance, where an appeal can be lodged against a specific order relating to notary’s fees. From the legal advisor’s point of view, this proposal is unacceptable, since a case must first be awaited and the broker concerned would also have to bear the costs of an appeal or at least pre-finance them. It can be assumed that a letter to the financial directorate would have little effect.

In summary, the notary’s office inspectorate is not prepared to eliminate the legal uncertainty. The legal uncertainty can therefore only be removed by appealing to the Directorate of Finance or by amending the Notaries Act. After all, the Notary Inspectorate has noted the problems for a future amendment of the law. Until the legal uncertainty is removed, we recommend the following procedure to our members:

If an estate agent orders a purchase contract for a client in the future, he/she must explicitly state in writing that he/she is acting in the name and on behalf of the client and that the client (and not the estate agent) is thus requesting the official act as defined in Art. 29 para. 1 of the Notary Public Act. The broker should also submit a power of attorney to the notary, which explicitly authorizes him to order a purchase contract for the client.

However, if the broker wants to have absolute certainty that no fees will be imposed on him, the procedure outlined above is not sufficient. In order to obtain the greatest possible security, the broker would have to prepare the order of the purchase contract in the name of the client and have it signed by the client. Also the direct order by the client without preparation by the broker is possible. However, this is not a service and is probably not in the interest of the broker. At best, the customer could in both cases refer the notary public to the broker for further preparation, whereby here again it would have to be ensured in a suitable manner that the broker is not suddenly perceived by the notary public as the orderer of the official act.

Note on the text: The clarifications on the subject of “Liability of the broker for fees” were made on behalf of the SCREA Zurich and the Swiss Chamber of Real Estate Agents SCREA to the renowned law firm “Quadra Rechtsanwälte AG, Zurich”.

Herbert Stoop makes good on his announcement and steps down as President of the Swiss Chamber of Real Estate Agents at the 2019 General Meeting. It is with great pleasure that the Board of Directors is pleased to propose his successor. Ruedi Tanner will stand for election as the new President on 22 October 2019 at the Aura Zurich. Learn more about Ruedi Tanner and his motivation to become President of the Swiss Chamber of Real Estate Agents.

How long have you been a member of the Swiss Chamber of Real Estate Agents?

Tanner: Wirz Tanner Immobilien has been a member since 1 November 2005.

Why are you a member of the Swiss Chamber of Real Estate Agents?

Tanner: Originally it was probably the network idea and the interest in exchanging information. Today, our employees appreciate above all the fact that we bring topics closer together, which allows us to profile our profession even better in the future. As a medium-sized company, it is also a question of attitude and commitment to our professional association, which is why we also train apprentices!

How does an SCREA broker differ from the other providers?

Tanner: The SCREA broker is not a flash in the pan, has many years of experience with appropriate training and must achieve a regular turnover that allows him to develop further and assert himself on the market. In addition, he adheres to the rules of professional conduct of the association and the chamber.

Real estate tells stories of people and their lives. To question spaces means to deal with life. Ruedi Tanner, Wirz Tanner Real Estate AG

What are the reasons to become president of the SCREA?

Tanner: In your mid-fifties it is time to deal with the finiteness of professional life; either you decide to retire in installments in favor of leisure time or commitment to culture and society, or you face new challenges once again. However, these must be authentic and credible, otherwise they are of no use to anyone. I count the presidency of the SCREA among them, because development is based on exchange, especially between the generations and here I see the impact for all who want to participate!

In recent years, the brokerage chamber has developed considerably. What should be different under your presidency?

Tanner: The strong establishment is based on a need of the industry and public perception. This was achieved through the excellent work of my two predecessors and their teams and should be continued in a reliable partnership. Nevertheless, we will certainly have to work even harder in the future to achieve a broader public anchorage, accompanied by credible quality assurance. The fact that more is communicated in Bernese German is certainly not a disadvantage and can also help us open the door to French-speaking Switzerland!

Where do you want to set priorities?

Tanner: The exchange between the members of the Chamber and a service that reaches the grassroots is still the focus – quality comes before quantity! The public’s opinion of our profession is still poor and goes as far as the opinion that our profession will be replaced “online” in the future anyway. But if we increasingly take on the role of a habitat mediator and apply an authentic and fair set of values here, we will prove the opposite and thus offer our customers added value. Digitization offers us this opportunity, let’s seize it! This year’s broker convention entitled “I’m looking you in the eye” is the first exclamation mark, we are delighted!

March 12, 2019 Culture and Congress Center TRAFO, Baden
Megatrends in the real estate industry – changing values

After years of a continuous upswing, the question of how long the boom will continue becomes more pressing. Increasing global political uncertainties, the trade dispute with the USA, high international debt – all this threatens to have a negative impact on the economy. But despite the black clouds on the horizon, the real estate industry is still doing well.

All players in the real estate industry are aware that macroeconomic and political developments, new technologies and digital change will bring about changes within the industry.

This change brings with it risks and opportunities. Change can pose a risk for a company if the market is reshaping and the originally proven processes are no longer compatible with the new challenges. But change also brings many opportunities and possibilities for innovation.

This year’s Real Estate Symposium shows in a practical way which trends the industry should take into account and which innovations promise sustainable success.

With the launch of the 1st Swiss Brokers’ Day, the Chamber of Real Estate Agents set another milestone in its history. On 23 October, Herbert Stoop, President of the Swiss Chamber of Real Estate Agents, welcomed over 220 guests to the Aura in Zurich. Six top-class personalities spoke on the conference motto “Upheaval in the Swiss real estate market”.

This year’s Real Estate Agent Day was a success all down the line. The more than 220 participants were very enthusiastic about the quality of the speakers, the discussion of the topic “upheaval” and also about the organization. A special highlight was the presentation of the surprise guest Hannes Schmid. The world-famous photographer, artist and inventor of the Marlboro Man has been putting all his energy into his aid project “Smiling Gecko” in Cambodia for almost six years. Outside the slums of Phnom Penh, he has built a farm where hundreds of Cambodians grow vegetables and breed farm animals: the Smiling Gecko Farm. With his visionary conviction, his irrepressible energy and his doer qualities, the 72-year-old “never tired” has achieved more than many expensive aid programs. This was also the opinion of the audience. They were so moved by the lecture that they spontaneously thanked Hannes Schmid with a standing ovation.

Contact a real estate agent to buy a house

The search for a new home is associated with many obstacles. If you are looking for real estate privately, you will hardly find objects that meet your expectations, since the information provided by the seller is always very vague. Usually countless viewing appointments are necessary until you find a house that meets your requirements. So why not use the support of the Swiss Chamber of Real Estate Agents? Here, renowned estate agents will help you in your search for the perfect house.

Define the general conditions before buying a house

Your brokers from the Swiss Chamber of Real Estate Agents have a very large client base. Therefore they always have numerous properties in their portfolio and new properties are added daily. If you register with an agent, you can also view properties that are not yet on the market.

At your first meeting with the real estate agent you can clearly express your wishes and needs. Tip: Make notes beforehand so that you have all the criteria at hand during the conversation. The better you can describe your desired property, the better the offers of the real estate agent match your ideas. The real estate agent will add you to his database and contact you as soon as he has a suitable property for you.

Your price expectations are of course also decisive: The house should fit into your budget and the monthly installment should be manageable for you. If you set your monthly costs too high, you can pay off the property more quickly, but in crisis situations the burden can quickly become too high. If the amount is too low, you will have to live with the mortgage for a long time. Your real estate agent from the Swiss Chamber of Real Estate Agents will find a healthy middle way with you and give you many useful tips and tricks.

The viewing appointment before buying a house

The basis for the house purchase is the inspection date. You should have a good feeling during the inspection and feel comfortable in the residential area. Also the basic data of the house should correspond to your wishes. Is the year of construction acceptable for you and does the equipment meet your expectations? Does the room layout offer enough possibilities for you and your family? Which heating system has been installed in the house and does the house have an energy certificate?

The energy certificate contains all important data on energy efficiency and you can see at first glance whether your property meets the current requirements. Would you like a tiled stove? If it has not already been installed, you should ask the real estate agent whether a subsequent installation is possible.

Buying a house through an estate agent provides security

The decisive criterion when buying a house is first of all the price. Does it correspond to the market value of the property or is it much too high? If you have registered with a real estate agent of the Swiss Chamber of Real Estate Agents, you do not need to worry about this. The market value of the property will be determined in advance and you can be sure that you are making the right investment.

The price is determined by various factors. The condition of the property is one aspect, but the location is considered the most important feature. The experienced brokers of the Swiss Chamber of Real Estate Agents know exactly which areas of Switzerland are particularly sought after and in which region real estate is less in demand. Even if you are familiar with the area, you will probably not be familiar with the detailed market prices.

Therefore, when buying a house, rely on experience and expertise and register without obligation in the database of an estate agent of the Swiss Chamber of Estate Agents. This way you will certainly soon be able to view a property that meets your needs. By the way: Price negotiations and the purchase are also very uncomplicated through the broker, because he usually has no emotional ties to the property, works transparently and relies on facts.

Real estate as an investment

Perhaps you have bought the property as a pure investment due to the low interest rate and would now like to rent it out? Here too, the broker of the Swiss Chamber of Real Estate Agents can provide you with competent support and perhaps soon present you with a solvent tenant. If there are still discrepancies after the purchase, simply contact your real estate agent. You can count on his competent support even if the actual transaction has already been completed.

Achieve top prices when selling real estate

Real estate is currently extremely valuable and experts assume that prices will not fall in the near future. Use the current situation for your purposes. The time is right: almost all properties are currently selling well. Nevertheless, you should not act on your own initiative. With the help of a real estate agent of the Swiss Chamber of Real Estate Agents, you will achieve a better price for your real estate.

Rely on specialists when selling real estate

The members of the Swiss Chamber of Real Estate Agents are well versed in the real estate industry and will support you in selling your apartment or property. The reasons against a private sale are manifold. For example, do you really know how much money you can ask for your property? When calculating it, it is important to think of all factors – even small things often lead to drastic fluctuations in market value. For example, the building fabric of the property is a decisive criterion.

Is it a solid house, which bricks were used? Does the house have an attractive thermal insulation and how high are the actual energy costs? Which energy values were determined? Does the property have a cellar or does a garage belong to the property? What about the room layout and is the property in good general condition? How large is the property? Is the garden usable or is there a balcony? Is the home perhaps even barrier-free or can it also be used as a two-family house? The location of the property is also absolutely crucial.

Especially in popular residential areas, too high prices are paid for real estate, while the prices are only a few kilometers further down the road. Can structural changes be carried out or are extensive renovations pending? Often, for example, the roof has to be renewed or mold has formed in some rooms. Innumerable further open questions must be clarified before the determination of the real estate value. The specialists of the Swiss Chamber of Real Estate Agents will help you – arrange a non-binding consultation appointment

What is the procedure for selling real estate?

In a personal meeting, the real estate agent records your exact ideas and you tell him everything worth knowing about the property. A few days later, the real estate specialist will take a look at the property himself and determine a fair value together with you. Perhaps the value determined is even significantly higher than your expectations and you might have sold your property far too cheaply without the broker.

When all questions have been clarified, the real estate agent will prepare a meaningful exposé and, if necessary, place an advertisement to present your property to a broad public. It is also possible that the real estate agent has already listed numerous potential buyers in his client file. If so, he will first contact his client base and arrange the first viewing appointments.

Negotiating skills are required when selling real estate

To sell your property at a good price, the real estate agent must be able to negotiate well. Often several interested parties decide to buy the property. In this case the real estate agent consults the seller and the seller can decide on the best price. Or in other words: You do not have to worry about anything and still your property is sold at a profit.

At the viewing appointment, you as a private person may be overwhelmed with the specific questions of the prospective buyers, which could lead to potential buyers losing interest. If, on the other hand, all questions are answered quickly and understandably, this makes the decision to buy easier. When the sale is concluded, the broker will of course draw up the necessary documents and present them to you ready for signature.

With a specialist from the Swiss Chamber of Real Estate Agents uncomplicated to a successful real estate sale

If you put yourself in the shoes of a real estate buyer, you will quickly realize that the decision to count on the support of an estate agent was absolutely right. You would certainly buy a property with a better feeling if a competent real estate agent conducted the negotiations and presented the property to you. Because the broker will also inform you about the expected expenses and show you the advantages and disadvantages of the objects by means of practical examples.

Contact the Swiss Chamber of Real Estate Agents to make an appointment for a personal consultation – an experienced real estate agent makes the successful purchase of your property much easier. Even the preparation of a coherent exposé can become an unsolvable task for many sellers. Professional photos of the property are just as obligatory as a clean listing of the property data. Leave nothing to chance when selling your property and use the current developments on the real estate market for the successful sale of your property with the help of the Swiss Chamber of Real Estate Agents.